International Law Research
Quiz Based on Reading from Nutshell
October 19, 2009
#1 A synonym for the term “private international law” is what?
“conflict of laws”
#2 In France (a civil law jurisdiction), caselaw is considered primary law. True or false?
False.
#3 Name four of the five types of legal systems in the world
Civil Law – (besides France) – Germany
Common Law – (besides U.S. and U.K.) – Canada
Customary Law – e.g. customary law monosystem – Andorra
Muslim Law – e.g. Muslim law monosystem – Saudi Arabia
Mixed – South Africa (common and civil)
JuriGlobe – World Legal Systems
http://www.juriglobe.ca/eng/index.php
#4 Give an example of soft law. (this can be generalized)
e.g. norms, guidelines, principles, declarations
specific example: “Universal Declaration of Human Rights.”
#5 The traditional sources of international law come from Article 38(1) of the International Court of Justice Statute. There are four sources. What are they?
1. conventions
2. customary international law
3. general principles of law
4. judicial decisions and the teachings of highly qualified publicists.
#6 Judicial decisions are considered primary sources of international law. True or false? False
#7 When talking about customary international law, there is a Latin term that refers to the idea that states act in a certain way because they sense of obligation that they have do something in a certain way. What is this Latin phrase? Opinio juris
Elements of Customary International Law:
State Practice --- “Everyone’s always done things this way”
Opinio juris – “Everyone’s always done things this way because we all have an obligation to do things this way.”
#8 The name of the game in researching customary international law (and in coming up with legal arguments based on customary international law) is often to find “evidence of state practice”. What is the #1 source of evidence of state practice for the United States?
Foreign Relations of the United States