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
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compromissory clause
answer
treaty text that gives authority to an international legal body to hear disputes about the treaty's interpretation or application
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consular immunity
answer
the principle that protects consular officials from criminal (but not civil) actions in domestic courts of a foreign state
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countermeasure
answer
legal violation taken in response to a prior a wrongful act by another state
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criminal remedy
answer
a remedy primarily aimed at punishing a violator
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diplomatic immunity
answer
the principle that protects diplomats from civil and criminal actions in domestic courts of a foreign state
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erga omnes obligation
answer
an obligation to the international community as a whole
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human trafficking
answer
the use of force, fraud, or coercion to secure labor
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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
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international community
answer
a group of global actors with legal interests and personality, independent of its members
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international court of justice
answer
an international court created in 1945 as part of the United Nations
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investor-state dispute settlement
answer
system of legalized dispute settlement that allows foreign investors to directly sue their host states using international arbitration
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judicial economy
answer
the principle that a legal body should decline to make a ruling that is not necessary to resolve a dispute
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judicial propriety
answer
the principle that a legal body should decline to make a ruling that would not serve a judicial function
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jurisdiction
answer
authority of a legal body to rule on a dispute
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naming and shaming
answer
public condemnation of noncompliant states
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obiter dictum
answer
Latin for "something said in passing"; a statement in a judgment that is not necessary to resolve the given legal dispute
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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"
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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)
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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
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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
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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
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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
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