Introduction To International Law
QUE-1 Which of the following are examples of issues that come under the scope of public international law, as opposed to private international law?
i. Whether the Brazilian airline TAM is liable in damages to a German tourist who sues in the Amtsgericht (German local court) after her suitcase is lost during a flight from Sao Paulo to Rio de Janeiro.
ii. Whether Australia will have breached the Convention Relating to the Status of Refugees if it refuses asylum to an American teenager who is on a school exchange to Australia and who repeatedly suffered violence from his father in Arkansas after coming out as gay. The teenager is a national of the USA but not of Australia.
iii. Whether an Irish couple who married in Dublin but now reside in Sydney are able to obtain a divorce in the Family Court of Australia so that one of them can marry an Australian citizen. The Irish couple are nationals of the Republic of Ireland but not of Australia.
Select one:
A. (i) and (iii) only
B. None of these
C. (i) and (ii) only
D. (ii) and (iii) only
E. (ii) only
F. (i) only
G. (iii) only
H. All three
Justify your answer to Question 1 below (maximum 100 words).
QUE-2 Below are three (imaginary) academic projects, each being worked on by a different scholar. Identify which approach to legal study appears to be favoured by each scholar. (Do not use the same answer twice.)
Alice has a theory that judges who sentence offenders on a Monday impose harsher sentences than those who sentence on a Friday. Her explanation is that, as a rule, people are in a better mood on Fridays. She is gathering statistics on sentences and the day of the week when they were passed.
a. Legal Realism b. Natural Law Theory C. Legal Positivism
Carol is studying ways in which intellectual property rights in pharmaceutical products can operate in a way that is more fair to the indigenous peoples who discovered the properties of certain plants.
a. Legal Realism b. Natural Law Theory C. Legal Positivism
Boris is writing a book justifying the decision to convict leading Nazis at the Nuremberg trials, held immediately after World War II, even though in many cases the defendants were able to demonstrate that they acted in accordance with German law as it existed at the time of their impugned conduct.
a. Legal Realism b. Natural Law Theory C. Legal Positivism
Justify your answer to Question 2 below (maximum 100 words).
Enter into the box below a question or comment about this topic which you would like discussed in the Class. (Maximum 50 words)
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