0

Customary Law and International Law

Description: This quiz will test your knowledge of Customary Law and International Law.
Number of Questions: 15
Created by:
Tags: customary law international law
Attempted 0/15 Correct 0 Score 0

What is the primary source of customary law?

  1. Treaties

  2. Judicial decisions

  3. State practice

  4. Academic writings


Correct Option: C
Explanation:

Customary law is based on the consistent and widespread practice of states, which is accepted as law.

What are the two essential elements of customary law?

  1. State practice and opinio juris

  2. Treaties and judicial decisions

  3. Legislation and regulations

  4. Custom and usage


Correct Option: A
Explanation:

Customary law is based on two essential elements: state practice and opinio juris, which is the belief that the practice is legally binding.

How does customary law become binding on states?

  1. By ratification of a treaty

  2. By enactment of legislation

  3. By judicial decision

  4. By consistent and widespread practice


Correct Option: D
Explanation:

Customary law becomes binding on states through the consistent and widespread practice of states, which is accepted as law.

What is the relationship between customary law and international law?

  1. Customary law is a source of international law.

  2. International law is a source of customary law.

  3. Customary law and international law are separate and distinct bodies of law.

  4. Customary law and international law are the same thing.


Correct Option: A
Explanation:

Customary law is one of the primary sources of international law, along with treaties and general principles of law.

Can customary law be modified or abrogated?

  1. Yes, by a subsequent customary law.

  2. Yes, by a treaty.

  3. Yes, by judicial decision.

  4. No, it is immutable.


Correct Option: A
Explanation:

Customary law can be modified or abrogated by a subsequent customary law that is contrary to the existing customary law.

What is the role of opinio juris in customary law?

  1. It is the belief that a particular practice is legally binding.

  2. It is the practice of states.

  3. It is the decision of a court.

  4. It is the opinion of a legal scholar.


Correct Option: A
Explanation:

Opinio juris is the belief that a particular practice is legally binding, and it is an essential element of customary law.

What is the difference between customary law and conventional law?

  1. Customary law is based on state practice and opinio juris, while conventional law is based on treaties.

  2. Customary law is binding on all states, while conventional law is only binding on the states that have ratified the treaty.

  3. Customary law is more flexible than conventional law.

  4. All of the above.


Correct Option: D
Explanation:

Customary law is based on state practice and opinio juris, while conventional law is based on treaties. Customary law is binding on all states, while conventional law is only binding on the states that have ratified the treaty. Customary law is more flexible than conventional law.

What are some examples of customary law?

  1. The right of innocent passage through the territorial waters of another state.

  2. The prohibition on the use of force.

  3. The principle of non-intervention.

  4. All of the above.


Correct Option: D
Explanation:

The right of innocent passage through the territorial waters of another state, the prohibition on the use of force, and the principle of non-intervention are all examples of customary law.

How does customary law interact with international treaties?

  1. Customary law can modify or abrogate a treaty.

  2. A treaty can modify or abrogate customary law.

  3. Customary law and treaties are mutually exclusive.

  4. None of the above.


Correct Option: A
Explanation:

Customary law can modify or abrogate a treaty if the customary law is contrary to the treaty and is accepted by the states as law.

What is the role of judicial decisions in the development of customary law?

  1. Judicial decisions can help to identify and clarify customary law.

  2. Judicial decisions can create new customary law.

  3. Judicial decisions are not a source of customary law.

  4. None of the above.


Correct Option: A
Explanation:

Judicial decisions can help to identify and clarify customary law by interpreting state practice and opinio juris.

What is the relationship between customary law and general principles of law?

  1. Customary law and general principles of law are the same thing.

  2. Customary law is a source of general principles of law.

  3. General principles of law are a source of customary law.

  4. Customary law and general principles of law are separate and distinct bodies of law.


Correct Option: D
Explanation:

Customary law and general principles of law are separate and distinct bodies of law, although they are both sources of international law.

What is the role of state consent in the development of customary law?

  1. State consent is essential for the creation of customary law.

  2. State consent is not required for the creation of customary law.

  3. State consent is only required for the creation of customary law that is contrary to existing law.

  4. None of the above.


Correct Option: A
Explanation:

State consent is essential for the creation of customary law, as it is the practice of states that gives rise to customary law.

What is the relationship between customary law and jus cogens?

  1. Customary law can modify or abrogate jus cogens.

  2. Jus cogens can modify or abrogate customary law.

  3. Customary law and jus cogens are mutually exclusive.

  4. None of the above.


Correct Option: B
Explanation:

Jus cogens, which are peremptory norms of international law, can modify or abrogate customary law.

What are some of the challenges to the identification and application of customary law?

  1. The lack of a central authority to codify customary law.

  2. The diversity of state practice.

  3. The changing nature of international relations.

  4. All of the above.


Correct Option: D
Explanation:

The lack of a central authority to codify customary law, the diversity of state practice, and the changing nature of international relations are all challenges to the identification and application of customary law.

What is the future of customary law in the international legal system?

  1. Customary law will continue to play an important role in the international legal system.

  2. Customary law will be replaced by conventional law.

  3. Customary law will become obsolete.

  4. None of the above.


Correct Option: A
Explanation:

Customary law will continue to play an important role in the international legal system, as it is a flexible and adaptable body of law that can respond to changing circumstances.

- Hide questions