Judicial Decisions and Scholarly Writings in International Law: Master Your Knowledge

Question 1

The decisions of the International Court of Justice are binding on:

Accepted Answer

Only the states party to the dispute that have accepted its jurisdiction

Answer

All states party to the dispute

Answer

All member states of the United Nations

Answer

No state unless they have explicitly consented

Question 2

Which of the following is NOT a recognized persuasive value of judicial decisions in international law?

Accepted Answer

Legally binding force

Answer

Precedential value

Answer

Persuasive authority

Answer

Evidentiary value

Question 3

What is the fundamental distinction between a 'source' and an 'evidence' of international law?

Accepted Answer

A source is a legal basis for a rule, while an evidence is a fact or document that supports or proves the existence of a rule.

Answer

A source is a rule itself, while an evidence is a commentary or interpretation of the rule.

Answer

A source is a legal obligation, while an evidence is a breach or violation of that obligation.

Answer

There is no meaningful distinction between a source and an evidence in international law.

Question 4

Which of the following is NOT considered a primary source of international law under the Statute of the International Court of Justice (ICJ), as outlined in Article 38(1)?

Accepted Answer

Judicial decisions of domestic courts

Answer

Treaties and Conventions

Answer

Customary international law

Answer

General principles of law recognized by civilized nations

Question 5

What is the persuasive value of an advisory opinion issued by the International Court of Justice (ICJ) for states that are not involved in the dispute?

Accepted Answer

Highly persuasive but not legally binding

Answer

Legally binding

Answer

Of no legal effect

Question 6

How do dissenting opinions differ from obiter dicta in international judicial decisions?

Accepted Answer

Dissenting opinions represent the views of the minority judges, while obiter dicta express the views of the majority.

Answer

Dissenting opinions are legally binding, while obiter dicta are not.

Answer

Obiter dicta are more concise than dissenting opinions.

Answer

There is no distinction between dissenting opinions and obiter dicta.

Question 7

Which of the following accurately describes a key function of scholarly writings in the development of international law?

Accepted Answer

Providing analysis and commentary on legal principles

Answer

Establishing binding legal norms

Answer

Enforcing international law

Answer

Resolving disputes between states

Question 8

What is the significance of the principle of stare decisis in international law, particularly as it relates to the International Court of Justice (ICJ)?

Accepted Answer

The ICJ may consider its previous decisions as persuasive authority, but is not strictly bound by them.

Answer

The ICJ is legally bound to follow its own previous decisions in subsequent cases.

Answer

The principle of stare decisis does not apply to the ICJ.

Answer

The ICJ is only bound by decisions made by the United Nations Security Council.

Question 9

What is the distinction between the ratio decidendi and the obiter dicta in a judicial decision?

Accepted Answer

Ratio decidendi refers to the core reasoning behind the decision, while obiter dicta are non-binding observations.

Answer

Obiter dicta are more authoritative than the ratio decidendi.

Answer

There is no meaningful difference between the ratio decidendi and obiter dicta.

Answer

Ratio decidendi is the legal principle established by the decision, while obiter dicta are the facts of the case.

Question 10

What is the primary mandate of the International Law Commission (ILC)?

Accepted Answer

To codify and progressively develop international law

Answer

To interpret existing international law

Answer

To enforce international law

Answer

To resolve disputes between states

Question 11

How do judicial decisions and scholarly writings influence each other in the evolution of international law?

Accepted Answer

Interdependent Relationship

Answer

Unidirectional Influence

Answer

Separate Development

Question 12

Analyze the factors that can enhance or diminish the persuasive value of scholarly writings in international law.

Accepted Answer

The reputation and expertise of the author

Accepted Answer

The quality of the research and analysis

Accepted Answer

The clarity and accessibility of the writing

Accepted Answer

The timeliness and relevance of the topic

Question 13

When assessing the persuasive value of a judicial decision in international law, which factor is NOT taken into consideration?

Accepted Answer

The country of origin of the judge

Answer

The persuasiveness of the reasoning employed in the decision

Answer

The consistency of the decision with other relevant precedents

Answer

The relevance of the decision to the case at hand

Question 14

The International Court of Justice (ICJ) is primarily recognized as the:

Accepted Answer

Principal judicial body of the United Nations

Answer

Supreme court in the global legal system

Answer

Ultimate authority for resolving all international legal disputes

Answer

Sole tribunal with jurisdiction over disputes between states

Question 15

In what capacity can scholarly writings contribute to the development of international law?

Accepted Answer

Providing novel interpretations of existing legal principles

Answer

Establishing new rules of international law

Answer

Overturning decisions made by the ICJ

Question 16

When interpreting a treaty, the ICJ gives primary weight to:

Accepted Answer

The actual text of the treaty

Answer

The preparatory documents and discussions leading to the treaty's adoption

Answer

Established rules of customary international law

Answer

General principles of law recognized by civilized nations

Question 17

The principle of stare decisis primarily requires that:

Accepted Answer

Courts adhere to their own previously established precedents

Answer

Applies exclusively to decisions rendered by the ICJ

Answer

Allows courts to depart from their own prior decisions

Question 18

What is a primary advantage of using judicial decisions as sources of international law?

Accepted Answer

They are legally binding

Answer

They are easily accessible to all

Answer

They are always clear and unambiguous

Question 19

What describes the persuasive value of scholarly writings in international law?

Accepted Answer

They offer persuasive arguments and insights but lack binding force.

Answer

They bind states under customary international law.

Answer

They bind states if expressly incorporated into their laws.

Question 20

How does the International Court of Justice (ICJ) view judicial decisions and scholarly writings?

Accepted Answer

Supplementary tools for identifying international law principles.

Answer

Binding precedents governing future decisions.

Answer

Exclusive sources for determining international law rules.

Question 21

A criticism of relying on judicial decisions and scholarly writings in international law is:

Accepted Answer

Potential biases or influences by political or ideological factors.

Answer

Limited accessibility or availability.

Answer

Excessive specificity, lacking general legal principles.

Question 22

What is the relationship between judicial decisions and scholarly writings in international law?

Accepted Answer

Both contribute to the growth and interpretation of international law.

Answer

Judicial decisions are legally binding, while scholarly writings are merely persuasive.

Answer

Scholarly writings establish international law, while judicial decisions apply it.

Question 23

A notable scholar whose writings have significantly influenced international law is:

Accepted Answer

Hersch Lauterpacht

Answer

Karl Marx

Answer

Alexander Hamilton

Answer

Jean-Jacques Rousseau

Question 24

How do scholarly writings contribute to the development of customary international law?

Accepted Answer

By providing evidence of state practices and opinio juris.

Answer

By introducing new legal norms through theoretical analysis.

Answer

By issuing authoritative interpretations of existing laws.

Question 25

How should practitioners and policymakers approach judicial decisions and scholarly writings?

Accepted Answer

Grasping the persuasive value and limitations of each.

Answer

Relying exclusively on judicial decisions as the highest authority.

Answer

Disregarding scholarly writings altogether.