What are the primary sources of international law recognized by the U.S.?
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Core principles, sources, and concepts of international law as they apply to the United States.
Mastering this deck enables you to understand how international legal principles influence U.S. policy, litigation, and diplomacy, equipping you to analyze legal issues with an international dimension confidently and apply international law in practical scenarios.
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| # | Front | Back | Hint |
|---|---|---|---|
| 1 | What are the primary sources of international law recognized by the U.S.? | The primary sources are treaties, customary international law, general principles of law recognized by nations, judicial decisions, and scholarly writings. | Think of TCCJS—Treaties, Custom, Principles, Judgments, Scholarly |
| 2 | Define 'Customary International Law'. | A practice and belief that is so generally accepted as law (opinio juris) among states that it becomes legally binding, even without written treaties. | Custom = practice + belief in legality |
| 3 | How does the U.S. generally view treaties in domestic law? | Treaties are considered the supreme law of the land under the Supremacy Clause once ratified, and they are binding on domestic law unless inconsistent with the Constitution. | Treaty = Constitution's peer if ratified |
| 4 | What is the difference between a treaty and an executive agreement? | A treaty requires Senate ratification and is a formal international agreement; an executive agreement is made by the President alone and does not require Senate approval. | Treaty = Senate approval; Executive agreement = President's discretion |
| 5 | What principle holds that states are sovereign and equal under international law? | The principle of State Sovereignty, which asserts that each state has authority over its territory and is equal to other states under international law. | Sovereignty = authority + equality |
| 6 | What does the concept of 'Pacta Sunt Servanda' mean? | It means 'agreements must be kept'—a fundamental principle that treaties are binding and must be honored by the parties. | Pacta = agreements; Sunt Servanda = must be kept |
| 7 | What is the significance of the Vienna Convention on the Law of Treaties (1969) for U.S. international law? | It provides comprehensive rules on treaty formation, interpretation, and termination, serving as a key reference point even though the U.S. is not a party to the Convention but recognizes its principles. | Treaty rules = Vienna Convention |
| 8 | Can customary international law be overridden by U.S. domestic law? | Yes, but only if Congress explicitly legislates to abrogate or modify the customary international law, and courts may consider whether U.S. law conflicts with customary norms. | Domestic law can override customary law if Congress acts |
| 9 | What is the role of the International Court of Justice (ICJ) in U.S. international law? | The ICJ settles disputes between states and issues advisory opinions; U.S. courts sometimes refer to ICJ decisions for interpretative guidance on international law issues. | ICJ = international judiciary |
| 10 | How does the U.S. incorporate international law into domestic legal proceedings? | Through the Supremacy Clause, treaties ratified by the Senate and customary international law, which courts may recognize and apply if consistent with U.S. constitutional principles. | Supremacy Clause + treaty ratification = incorporation |
| 11 | What is the doctrine of 'Self-Executing' treaties? | A treaty that becomes effective and enforceable in U.S. courts without the need for additional legislation by Congress. | Self-executing = immediate enforceability |
| 12 | What is 'opinio juris' in the context of customary international law? | 'Opinio juris' refers to the belief that a practice is carried out of a sense of legal obligation, which is essential for a practice to become customary law. | Opinio = belief; juris = legal obligation |
| 13 | What are 'general principles of law' recognized by civilized nations? | Fundamental legal principles common to major legal systems, such as good faith, equity, and justice, which serve as a secondary source of international law. | Shared legal concepts across nations |
| 14 | How does the U.S. view unilateral declarations of states under international law? | Unilateral declarations can create legal obligations if they are intended as binding commitments and meet the criteria for international obligations. | Declaration = potential binding commitment |
| 15 | What does the principle of 'State Responsibility' entail? | States are responsible for internationally wrongful acts and must provide remedies or reparations for breaches of international obligations. | Responsibility = accountability for wrongful acts |
| 16 | In what ways can international law influence U.S. foreign policy decisions? | International law shapes treaties, diplomatic relations, and compliance with obligations, and can serve as a basis for legal challenges or diplomatic negotiations. | Law guides policy and diplomacy |
| 17 | What is the significance of the 'Monism' vs. 'Dualism' debate in U.S. international law? | Monism views international and domestic law as part of a single legal system, making international law automatically enforceable; dualism sees them as separate, requiring domestic legislation for international law to have effect. | Monism = unified system; Dualism = separate systems |
| 18 | What role does the U.S. Congress play regarding international treaties? | Congress approves treaties through legislation, and may pass statutes to implement treaty obligations domestically. | Congress = treaty approval & implementation |
| 19 | What is the concept of 'Jurisdiction' in international law? | Jurisdiction refers to the authority of a state to regulate conduct, prescribe laws, and adjudicate legal matters within its territory or over its nationals and subjects. | Jurisdiction = legal authority |
| 20 | How does the U.S. interpret the principle of 'Non-Intervention' in international law? | The U.S. generally supports non-intervention, respecting the sovereignty of other states, but may justify intervention under exceptions like self-defense or humanitarian crises. | Non-intervention = respecting sovereignty |
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