Chapter 5. International Law (Knut Traisbach)

Chapter 5. International Law (Knut Traisbach)

 

1. Explain the example of the small settlement described

on page 57. Explain how the concepts of territory, 

property, border, et cetera, apply to it.

2. Is there any government, parliament, court, or police, 

in the small settlement? Why?

3. What is the source of validity of the rules in the small 

settlement?

4. This model of primitive legal order is still haunting 

international law. Why?

5. Sovereignty is the foundational pillar of the international 

order. States are bound by authoritative legal precepts 

that they have consented to: what is the main 

consequence of this idea? (p. 58).

6. In other words: there are no restrictions upon the 

independence of States. Is international law really law, 

then? What do you think? Explain. 

7. What was the main point of the critique of Hallett Carr 

and Morgenthau against the idealism of international 

law? What did they propose instead? (p. 59).

8. Name and explain some examples of supranational legal 

norms and regional norms.

9. What is the main point of this chapter, then? (p. 60). 

10. The occidental depiction of international law is not the 

only one existing in the world. Why? (p. 60). 

11. What do international lawyers do? Explain why their 

techniques are not value-neutral (p. 61).

12. Explain the differences between Domestic, Regional, 

and International law (p. 61).  

13. Explain the difference between Public International Law

and Private International Law (p. 61). 

14. Explain the difference between the law of peace and 

the law of war. What does IHL regulate? (p. 61). 

15. Explain the legal regulation of the resort to force (p. 62). 

16. Why does the author say that there is a “blurred 

distinction” between the law of peace and the law of 

armed conflict? (p. 62). 

17. Explain how the international legal norm of 

prohibiting torture developed (p. 62-63). 

18. Customary practices are, according to the author, a 

problematic source of law. Why? (p. 64). 

19. Explain the reasons for the establishment of the 

United Nations. What is the role of the U.N.?

20. Explain the role of the Security Council of the UN.

21. Explain the role of the main UN subsidiary organs 

(p. 66). 

22. Explain the R2P principle. 

23. Explain the 3 different stages of the evolution of an 

international norm: from a private initiative to a public 

normative authority (p. 67-68).