.

Which of the following sources is usually considered a so-called alternative source of

international law (1p):

a. Customary international law

b. Long standing practices among states

c. Writings of high standing legal scholars

d. Treaties and Conventions

Motivation of your answer (1p): c,the source that is usually considered a so-called alternative
source of international law is option C, which is the writings of high standing legal scholars. While
customary international law, long-standing practices among states, and treaties and conventions
are all primary sources of international law, the writings of legal scholars are considered a
secondary or alternative source of international law. These writings can help to clarify the
interpretation of primary sources or can be used to argue for the development of new legal
norms. based on Article 38 of the ICJ Statute.

2.Explain the statement that state law is not a legitimate excuse for non-compliance with
international obligations (2p):

This statement means that a state cannot use its own domestic laws as an excuse to avoid
complying with its obligations under international law. International law is considered to be
superior to state law, and states are required to follow their international legal obligations,
regardless of any conflicting domestic laws. When a state ratifies an international treaty or
convention, it agrees to comply with its provisions and to take the necessary measures to
implement them in its domestic legal system.

3.Due to the concept of state sovereignty, international law provides a certain kind of equality to
its subjects: which of the following is a correct denomination ot that kind (1p):

a. Political

b. Legal.

c.Economical

d. Ethical

Motivation of your an er (1p): (b)

option B, which is legal. International law provides a legal framework that governs the conduct of
states and other international actors, and it recognizes the sovereignty of states as the primary
organizing principle of the international system. This legal framework creates a level playing field
in which states are equal before the law and are subject to the same legal obligations and
responsibilities. This legal equality is an important aspect of the international legal system, which
seeks to promote peace, stability, and cooperation among states.

4.Explain what is meant by a State adhering to the monistic tradition when it comes to
implementing international law (2p):

When a state adheres to the monistic tradition, it means that international law is automatically
incorporated into its domestic legal system without the need for specific domestic implementation
measures. In contrast, under the dualistic tradition, international law and domestic law are seen as
separate legal systems that require specific implementation measures.

5.The concrete results of the beginning of a global economic law Bretton Woods 1947) can be said
to constitute three different branches of international law: international finance, international
investment, and international trade. Which of the following international organizations was not
set up at that conference (1p):

a. The International Monetary Fund

b. The General Agreement on Tarifts and Trade

c. The International Bank for Reconstruction and Development

d. The World Trade Organization

Motivation of your answer (1p): d, The one that was not created at the Bretton Woods convention
was the Wto as this one was created in 1995. It first started being the GATT agreement but as this
one did not cover several aspects it later evolved into the Wto.

6.According to an article we have read in this course, there are two principal ways for States to
peacefully solve their conflicts and the WTO's dispute settlement has moved from one to the
other, which of the following make for these two (2p):

a. Settlement by way of political negotiations

b. Settlement by way of the use or threat of use of force

c. Settlement by trade blockage

d. Settlement by way of turning to judicial body for a solution based on international law

Answer: A y D

7. Explain how the WTO dispute settlement process went from using consensus-based affirmation
of the working parties (panels reports to what is now called reversed consensus 2p:

A consensus-based approach in the WTO dispute settlement process means that a decision is only
adopted if all members agree to it. This means that any member can block the adoption of a
decision by disagreeing with it,In contrast, a reversed consensus approach means that a decision is
automatically adopted unless there is a consensus against it.Based on this, the decision is
considered to be adopted unless all members negate/object to it.The change from a consensus-b
ased approach to a reversed consensus approach was introduced to address the problem of
blockage in the dispute settlement process, which begins when a small number of members could
prevent the adoption of a decision by disagreeing with it. The reversed consensus approach has
been successful in reducing the number of cases where decisions are blocked by individual
members.

8.The outcome of the shrimp case as it was discussed by the Appellate Body was:

a. That the US appeal was not sustained but the Panel's reasoning about Art. XX of the GATT was
upheld.

b. That the US appeal was sustained and the Panels reasoning about Art. XX of the GATT was not
upheld.

c. That the US appeal was sustained and the Panel's reasoning about Art. XX of the GATT was
upheld.

d. That the US appeal was not sustained but the Panel's reasoning about Art. XX of the GATT was
not upheld.

Motivation of your answer (1p): a, The outcome of the shrimp case was that the US appeal was
not sustained, but the Panel's reasoning about Art. XX of the GATT was upheld. The Appellate
Body found that the US ban on certain shrimp imports violated the GATT, but the ban could be
justified under the exceptions listed in Article XX of the GATT, subject to certain conditions. The US
had argued that its ban on shrimp imports was necessary to protect sea turtles, which is one of the
exceptions listed in the chapeau of Article XX.

9.Explain the different scopes of Arts. 1 and 3 of the GATT and state the different available motives
for WTO Member States to make exceptions to them respectively (2p):

- Article I → Most-Favored-Nation Principle (MNF). Special favors granted to another member

state will have to be granted to all other WTO members. Under WTO agreements, countries
cannot normally discriminate between their trading partners. There are some exceptions to this
rule, such as free trade agreements that apply only to goods traded within the group or granting
developing countries special access to markets. Found in GATT, GATS, TRIPS.

- Article III → The National Treatment Obligation. Deals with how you treat a product on your
market. Imported and locally-produced goods should be treated equally. Aims to prohibit
protectionism. The requirement is that a law or regulation that affects the internal sale of an
exporting member state's product, which is directly competitive on the market of the importing
state, should be treated like other similar products. The criteria to determine similarity include
physical properties, end uses, consumer tastes, and tariff classification. Applied once the product
entered the market. Found in GATT, GATS, TRIPS.

- Article XX → What you rely on when you want to avoid applying on article I or III you need to
explain why you need to breach by doing a “necessity test”. The "necessity requirement" states
that the country must demonstrate that there were no other reasonable alternatives available to
comply.

10.In procedural international commercial law, there is a global trend to recognize the principle of
party autonomy. However, there is one aspect covered by PIL that States generally do not
recognize as something that the parties themselves can choose, which of the following aspects of
PIL is this aspect (1p):

a. The question of what law to apply on a contract.

b. The question of how to enforce a settlement of a contractual conflict.

c. The question of whether a contractual conflict should be settled by arbitration or state court.

d. The question of which State court should adjudicate a contractual conflict.

Motivation of your answer (1p): b, As adjudicative jurisdiction and choice of law are both under
the fundamental principle of party autonomy. While settlement enforcement is decided
completely by national law.