question
Advocacy groups
answer
non-profit groups that promote aspirational collective values
question
Arbitration
answer
a process in which one or more individuals decide a dispute based on evidence and arguments
question
Armed opposition groups
answer
nonstate actors that fight to achieve political goals
question
Cold War
answer
the period of 1945—1989, when US—USSR tensions shaped international law and politics
question
Collaboration problem
answer
a situation in which states jointly benefit from choosing the same action, but each state is tempted to unilaterally deviate to a different action
question
Commitment problem
answer
a situation in which sequential decision-making ensures that the plan of action that is initially optimal becomes sub-optimal as time passes
question
Communitarian law
answer
rules collectively made by the international community, whose interests and values trump those of individual states
question
Consular jurisdiction
answer
separate legal systems for foreigners that were overseen by consular officials from the foreigners' home-state
question
Coordination problem
answer
a situation in which all states have a shared incentive to use a common rule, but states disagree or are uncertain about what that rule should be
question
Duties
answer
obligations to behave in certain ways
question
Enlightenment:
answer
European movement that emphasized individual autonomy, including economic and political rights
question
Globalization
answer
the increased movement of goods, investment, and people across borders
question
Absolute theory of state immunity
answer
doctrine that protects all foreign state acts from domestic courts
question
acta jure imperii
answer
Latin for "sovereign act"; act that can only be undertaken by a state, not a private company
question
Acta jure gestionis
answer
Latin for "commercial act"; act that can be undertaken by a private company
question
Admissibility
answer
criteria that affect a legal body's willingness to rule, usually based on the specific facts of the case
question
Advisory opinion
answer
a non-binding document that answers legal questions submitted by an international organization
question
Arbitration
answer
a process in which one or more individuals decide a dispute based on evidence and arguments
question
Civil remedy
answer
: a remedy primarily aimed at making a victim whole
question
Compromissory clause
answer
treaty text that gives authority to an international legal body to hear disputes about the treaty's interpretation or application
question
Consular immunity
answer
the principle that protects consular officials from criminal (but not civil) actions in domestic courts of a foreign state
question
Countermeasure
answer
legal violation taken in response to a prior a wrongful act by another state
question
Criminal remedy
answer
a remedy primarily aimed at punishing a violator
question
Diplomatic immunity
answer
the principle that protects diplomats from civil and criminal actions in domestic courts of a foreign state
question
Erga Omnes Obligations
answer
an obligation to the international community as a whole
question
Human trafficking
answer
the use of force, fraud, or coercion to secure labor
question
Individual petition
answer
process that allows individuals to directly complain to an international organization if they believe that their rights have been violated by a state
question
International community
answer
a group of global actors with legal interests and personality, independent of its members
question
International Court of Justice
answer
an international court created in 1945 as part of the United Nations
question
Investor-state dispute settlement
answer
system of legalized dispute settlement that allows foreign investors to directly sue their host states using international arbitration
question
Judicial economy
answer
the principle that a legal body should decline to make a ruling that is not necessary to resolve a dispute
question
Judicial propriety
answer
the principle that a legal body should decline to make a ruling that would not serve a judicial function
question
Jurisdiction
answer
authority a legal body to rule on a dispute
question
Obiter dictum
answer
Latin for "something said in passing"; a statement in a judgment that is not necessary to resolve the given legal dispute
question
Peremptory norm
answer
according to the VCLT, "a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character"
question
Proportionality
answer
principle that force and coercion must be commensurate with a state's objectives or injury; applies to countermeasures, use of force (jus ad bellum), and armed conflict (jus in bello)
question
Protective principle
answer
claim that a state can regulate and punish acts with systematic and important effects on the state's national interests, like its security
question
Restricted theory of immunity
answer
doctrine that only protects a foreign state's sovereign acts (and not its commercial acts) from domestic courts
question
Retorsion
answer
a lawful act used to punish a state
question
Right to diplomatic protection
answer
the doctrine that states have the right to protect their nationals at the international level
question
Scorecard diplomacy
answer
public grading of states to influence behavior
question
Socialization
answer
informal process in which diverse actors internalize social norms through their interactions
question
Standing
answer
admissibility requirement that the actor filing a case must have a legal interest in the dispute
question
State immunity
answer
the principle that a domestic court should not rule on a foreign state act without that state's consent
question
Universal jurisdiction
answer
use of a state's domestic law and institutions to regulate behavior that occurs outside of its domestic territory, does not involve its nationals, and does not have systematic or important effects on itself
question
Baseline
answer
boundary between a state's territory and international waters
question
Common heritage of mankind
answer
the principle that certain natural resources belong to mankind as a whole and should be protected from exploitation
question
Common seabed
answer
seabed in which no individual state has jurisdiction
question
Contiguous zone
answer
sea zone outside of a territorial sea over which the state has limited law enforcement rights; extends up to 12 n.m.
question
Continental shelf
answer
seabed in which a coastal state has exclusive rights over natural resources; extends 200 n.m. or more, depending on topography
question
Delimitation
answer
the allocation of legal rights when multiple states claim jurisdiction over the same area
question
Diplomatic protection
answer
assertion of legal claims by a state on behalf of private individuals (including ships)
question
Equidistance method
answer
a geographic technique for drawing a line—called the equidistance or median line—that is equally distant from each state
question
Flag state
answer
the state in which a ship is registered
question
Exclusive economic zone
answer
sea zone in which coastal states can regulate economic activities and natural resource conservation; extends up to 200 n.m.
question
High seas
answer
water in which no state has jurisdiction
question
Hot pursuit
answer
a legal doctrine that allows a state to preserve its law enforcement authority if it follows certain procedures while pursuing crime suspects at sea
question
Inter-generational equity
answer
the claim that current generations of humans should leave ample resources for future generations
question
Internal waters
answer
water bodies that lie within a state's baseline
question
Mare clausum
answer
"closed seas"; the principle that a state can claim exclusive jurisdiction over the sea
question
Mare liberum
answer
"open seas"; the principle that no state can claim jurisdiction over the sea
question
Right to innocent passage
answer
right of foreign ships to travel through a territorial sea, subject to specified constraints
question
Sovereign immunity
answer
legal rules that protect a state and its activities from the jurisdiction of domestic courts in foreign states
question
Territorial sea
answer
sea zone that lies outside of a state's baseline, but over which the state has exclusive jurisdiction; extends up to 12 n.m.
question
Universal jurisdiction
answer
use of a state's domestic law and institutions to regulate behavior that occurs outside of its domestic territory, does not involve its nationals, and does not have systematic or important effects on itself
question
Effective control standard
answer
attribution standard under international law; states must have effective control over a nonstate actor—including issuing it direct instructions—to be responsible for the nonstate actor's conduct
question
Ultra vires
answer
Latin for "beyond the powers"; an ultra vires act exceeds the legal authority given by a state to the individual/body that commits the act
question
Ancient Societies: What are the key events and ideas associated with this era?
answer
- Warring States Era: Chinese societies created military and political alliances
- Law was upheld by self interest of leaders
- Not bound by normative structures
- No rules governed who could or could not make law
- Law was upheld by self interest of leaders
- Not bound by normative structures
- No rules governed who could or could not make law
question
Ancient Societies: How did events during this era affect international law?
answer
- Peace treaties + border making
- Jus gentium: (roman law) which governed interactions between Romans and non Romans
- Quasi-universal
- Governed people not states
- Jus gentium: (roman law) which governed interactions between Romans and non Romans
- Quasi-universal
- Governed people not states
question
Middle Ages (500—1500): What are the key events and ideas associated with this era?
answer
- Political authority and legal obligates were based on personal pledges of loyalty by individuals (to lords, kings, etc)
- Natural law: a legal theory that claims that universal laws bind all human beings regardless of their social context or whether they have explicitly consented (ie don't eat people)
- Comes from Aristotle, revived by Thomas Aquinas
- Feudal authority
- Traders developed commercial rules to govern transactions, seafarers developed maritime codes
- Lack of clear hierarchical political structures created ambiguity about who could make law and solve disputes (ie Spanish and Portuguese right to explore Americas)
- Natural law: a legal theory that claims that universal laws bind all human beings regardless of their social context or whether they have explicitly consented (ie don't eat people)
- Comes from Aristotle, revived by Thomas Aquinas
- Feudal authority
- Traders developed commercial rules to govern transactions, seafarers developed maritime codes
- Lack of clear hierarchical political structures created ambiguity about who could make law and solve disputes (ie Spanish and Portuguese right to explore Americas)
question
Middle Ages (500—1500): How did events during this era affect international law?
answer
3 competing sources of law
- Divine law under papal authority
- Natural law
- Man-made law (Focuses on personal obligation, model for bilateral exchange)
- Divine law under papal authority
- Natural law
- Man-made law (Focuses on personal obligation, model for bilateral exchange)
question
Classical Era (1500—1815): What are the key events and ideas associated with this era?
answer
- 1648: Treaty of Westphalia beginning of modern international system and established the principle of sovereignty, ended 30 years
- Principle of sovereignty: Political leaders have both authority over the international policies of their own territory, an obligation not to interfere in the internal policies of other territories
- Enlightenment: focus on political and economic rights, gave way to Napoleon chaos
Nationalism
- Principle of sovereignty: Political leaders have both authority over the international policies of their own territory, an obligation not to interfere in the internal policies of other territories
- Enlightenment: focus on political and economic rights, gave way to Napoleon chaos
Nationalism
question
Hugo gregorcies
answer
- Freedom of the seas
- Laws of war
- Rights of multinational corporations
- Laws of war
- Rights of multinational corporations
question
Classical Era (1500—1815): How did events during this era affect international law?
answer
- Formation of modern states
- Natural law
- Voluntary law gave states greater authority to make legal rules, the beginning of voluntary
- Why and how was international law upheld
- Natural law
- Voluntary law gave states greater authority to make legal rules, the beginning of voluntary
- Why and how was international law upheld
question
Positivist Era
answer
- (1815—1919)
- the modes of knowledge that emphasize observation and direct experience as opposed to the theoretical supposition
- Renounce natural law and focus on natural law
- Imperialism
- the modes of knowledge that emphasize observation and direct experience as opposed to the theoretical supposition
- Renounce natural law and focus on natural law
- Imperialism
question
Positivist Era: How did events during this era affect international law?
answer
- developments of law and politics in science
- focusing on observation
- written rules
- move to voluntary law
- later permits communitarian law
- start of discourse between civilizations
- effectively disclude some countries from participation
- focusing on observation
- written rules
- move to voluntary law
- later permits communitarian law
- start of discourse between civilizations
- effectively disclude some countries from participation
question
Modern Era
answer
- 1919- Present
- Globalization: the increased movement of goods investment and people across borders
- Rome Statue, Vienna, Geneva
- Formation of courts
- Shift from voluntary law to communitarian law
- Globalization: the increased movement of goods investment and people across borders
- Rome Statue, Vienna, Geneva
- Formation of courts
- Shift from voluntary law to communitarian law
question
Who Matters in International Law?
answer
- States
- International Organizations
- Peoples (Groups) (Defined as Individuals who live in a common cultural ethnic national or racial community including minority and indigenous groups)
- Individuals
- International Organizations
- Peoples (Groups) (Defined as Individuals who live in a common cultural ethnic national or racial community including minority and indigenous groups)
- Individuals
question
Critical Perspective
answer
- states routinely violate international law suggesting it has no impact on state behavior
- Violation result in scrutiny and condemnation, compliance does not
- Any impact of law on politics is caused by selection effects
- International law is often ambiguous making it vulnerable to manipulation and can often justify multiple different outcomes
- Law as a reflection of economic, political, power
- ex. Spain + Portugal vs Netherlands during colonialism
- Violation result in scrutiny and condemnation, compliance does not
- Any impact of law on politics is caused by selection effects
- International law is often ambiguous making it vulnerable to manipulation and can often justify multiple different outcomes
- Law as a reflection of economic, political, power
- ex. Spain + Portugal vs Netherlands during colonialism
question
Contractual Perspective
answer
- Mutually beneficial cooperation between states
Voluntary
- Coordination problem
- International Law sets the rule and creates punishments for non-compliers (and rewards for compilers)
- Collaboration problem
- International Law creates punishments for non-compliers (and rewards for compilers)
- Prisoner's dilemma
- IL is a tool for solving specific kinds of common problems
Voluntary
- Coordination problem
- International Law sets the rule and creates punishments for non-compliers (and rewards for compilers)
- Collaboration problem
- International Law creates punishments for non-compliers (and rewards for compilers)
- Prisoner's dilemma
- IL is a tool for solving specific kinds of common problems
question
Sociological Perspective
answer
- Assumes state preferences are malleable and that international law can help to change those preferences over time
- States are not voluntary scots they re collectives of individuals with diverse preferences
- Time variance
- Persuasion and socialization as tools to change before
IL can change the relative power of particular political groups
- States are not voluntary scots they re collectives of individuals with diverse preferences
- Time variance
- Persuasion and socialization as tools to change before
IL can change the relative power of particular political groups
question
Reservations
answer
a unilateral statement made by a state that purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state
question
Estonia Virtual War Case
answer
- removal of statue to city edge because of controversy
- In response Estonia gets hacked -> assumes it's Russia -> Russia denies
- NATO declared soverignty applies to cyberspace
- In response Estonia gets hacked -> assumes it's Russia -> Russia denies
- NATO declared soverignty applies to cyberspace
question
Velasquez Rodriguez v. Honduras
answer
- VR sues Honduras @ IAHCR after police officers w/o badges in official govt building suggest acting in capacity
- IACHR declares that states are responsible for ulta vires acts taken in offical capacity
- IACHR declares that states are responsible for ulta vires acts taken in offical capacity
question
Nicaragua Case
answer
- US govt. supported rebel groups challenging the govt.
- ICJ : Declared US was responsible for persons paid by US or US employees
- ICJ: US not responsible for contras -only responsible if US had effective control
- ICJ : Declared US was responsible for persons paid by US or US employees
- ICJ: US not responsible for contras -only responsible if US had effective control
question
Tadio Case
answer
- To attribute acts of military to a state it must be proved that the state has overall control (ICTY)
question
Iranian Hostages (1979)
answer
- 1979- supporters of the Iran revolution seize control of US embassy
- US states at the ICJ that Iran is responsible for violations of VCDR state responsibility
- Iran responsible for breaking international law b/c legal breaches could be attributed to the state w/o CPWs
- Approval translates non state act into state act
- US states at the ICJ that Iran is responsible for violations of VCDR state responsibility
- Iran responsible for breaking international law b/c legal breaches could be attributed to the state w/o CPWs
- Approval translates non state act into state act
question
Torrey v. Canon
answer
- Liberian ship in British territorial waters that started spilling oil
- British tried to stop the spill, but failed so bombed the ship
- CPW: Necessity
- British tried to stop the spill, but failed so bombed the ship
- CPW: Necessity
question
LaGrande Case
answer
- ICJ case
- Germany sued the U.S
- U.S responsible for regional govt
- Cessation and Prevention
- temp court orders were legally binding and rights of convention could not be denied by application or domestic legal procedures
- Germany sued the U.S
- U.S responsible for regional govt
- Cessation and Prevention
- temp court orders were legally binding and rights of convention could not be denied by application or domestic legal procedures
question
Geneva Genocide 1951
answer
- ICJ decided what reservations are acceptable and valid
question
North Korea CBT
answer
- U.S General Assembly
- Common law contrasted w/ voluntary law
- Broke soft law but not international law
- Common law contrasted w/ voluntary law
- Broke soft law but not international law
question
Paris Agreement
answer
- establishment of protocols dealing with greenhouse gas emissions by the United Nations
- Voluntary contributions, could not be enforced
- Critical, Contractual, and Sociological
- Voluntary contributions, could not be enforced
- Critical, Contractual, and Sociological
question
Southwest Africa Case
answer
- Ethiopia + Liberia sue SW Africa
- ICJ says League of Nations no longer exists, cites judicial economy
- Erga Omnes Obligation: The obligation states have to the international community as a whole
- Solution: International orgs can request ICJ opinion
- ICJ says League of Nations no longer exists, cites judicial economy
- Erga Omnes Obligation: The obligation states have to the international community as a whole
- Solution: International orgs can request ICJ opinion
question
Argentina Standoff- Ghana
answer
- 2001- Argentina defaults on bonds to foreign investors
- Argentina waived immunity from jurisdiction in original bond contract
- Singer (the investor) asks Ghana to recognize
- Argentina has to settle for $4.56B
- Argentina waived immunity from jurisdiction in original bond contract
- Singer (the investor) asks Ghana to recognize
- Argentina has to settle for $4.56B
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