Public International Law Seminar

Final test

Dr Bríd Ní Ghráinne


Instructions

-          Please email your responses to me in a word document no later than 23.59 on Friday 22
May.

-          Explain your answers, making reference to law and/or academic writings and/or examples
from the news, politics etc.

-          DO NOT simply copy my notes. This will be penalised!

-          This is an open book test. You are welcome to consult my notes, your own material,
textbooks, the internet etc.

-          Please do not exceed 500 words for each answer.

-          You must score at least 60% to pass the test.

-          Passing this test is necessary in order to receive credits for a successful
participation in the seminars in spring 2020. Passing this test will not form part of the overall
grade for this module.

-          I will email you individually with your score and with feedback.

-          Please email me if you have any problems.


Questions

1.      What are the four criteria of statehood?  Explain your answer.

2.      Is Quebec a state? Explain your answer.

3.      Is Sealand a state? Explain your answer.

4.      What is the difference between monism and dualism? Explain your answer.

5.      Is Ireland monist or dualist? Explain your answer.

6.      Is the legal system in your country monist or dualist? Explain your answer (if you used
Ireland to answer question 5, please choose another country for this question).

7.      What is a self-executing treaty? Explain your answer.

8.      Under what circumstances will the actions of a group acting under the instructions of, or
control of, a state become attributable to that state? Explain your answer.

9.      Explain the relevance of the case of United States Diplomatic and Consular Staff in Tehran
(United States of America v. Iran) (International Court of Justice, 1980) (Tehran Hostages Case) to
the law of state responsibility. Explain your answer.

10.  Give two examples of ‘circumstances precluding wrongfulness’ in the law of state
responsibility and explain how they operate.

11.  What is the difference between the absolute immunity approach and the restrictive immunity
approach in the law of state immunity? Explain your answer.

12.  Identify one exception to state immunity and explain how it operates.

13.  Explain the relevance of the decision of Behrami and Saramati v France, Germany, and Norway
(European Court of Human Rights, 2007)  to the law of the responsibility of international
organisations.

14.  Should international organisations have immunity before domestic and international courts?
Explain your answer.

15.  What aspect of this course did you find most interesting? Explain your answer.