B Law 442 Final Flashcards

1
Q

What is the Law of Armed Conflict (LOAC)?

A

A body of international law that regulates the conduct of armed hostilities.

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2
Q

What are the main goals of LOAC?

A

To protect individuals not participating in hostilities and to regulate how war is conducted.

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3
Q

Which documents are the foundation of LOAC?

A

The Geneva Conventions and The Hague Conventions.

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4
Q

What principle requires distinguishing between combatants and civilians?

A

The principle of distinction.

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5
Q

What does the principle of proportionality require in armed conflict?

A

That the harm caused by military action must not be excessive in relation to the anticipated military advantage.

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6
Q

What is the role of the UN Charter in war?

A

It promotes peaceful resolution and restricts the use of force.

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7
Q

What does ‘military necessity’ mean under LOAC?

A

Only using force necessary to achieve a legitimate military objective.

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8
Q

Who is protected under the Geneva Conventions?

A

Wounded soldiers, prisoners of war, and civilians.

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9
Q

What is an unlawful order?

A

A military command that violates LOAC and is manifestly illegal.

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10
Q

What is the doctrine of command responsibility?

A

A commander is responsible for war crimes committed by subordinates if they knew and did nothing.

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11
Q

What is the main principle of Article 2(4) of the UN Charter?

A

Prohibition of the threat or use of force by states in international relations.

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12
Q

What does Article 51 of the UN Charter allow?

A

The right of self-defense if an armed attack occurs.

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13
Q

What is collective security?

A

A system in which states act together to address threats to peace.

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14
Q

What is anticipatory self-defense?

A

Defensive action taken in response to an imminent attack.

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15
Q

What are Articles 39-42 of the UN Charter about?

A

They outline Security Council powers to maintain international peace and security.

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16
Q

What is the ‘Caroline standard’?

A

A test for lawful anticipatory self-defense based on necessity and proportionality.

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17
Q

What is the role of the UN Security Council?

A

To authorize military action and impose sanctions.

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18
Q

What is NATO’s Article 5?

A

An attack on one member is considered an attack on all.

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19
Q

What are modern challenges in defining ‘force’?

A

Issues like cyberattacks and economic coercion blur traditional definitions.

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20
Q

What is humanitarian intervention?

A

Military intervention to prevent human rights violations, not always accepted under international law.

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21
Q

What is the WTO?

A

An international organization that governs global trade rules and resolves disputes.

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22
Q

What is the General Agreement on Tariffs and Trade (GATT)?

A

A WTO agreement that reduces trade barriers on goods.

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23
Q

What are the key principles of the WTO?

A

Non-discrimination, transparency, and trade liberalization.

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24
Q

What does ‘Most Favoured Nation’ mean?

A

Equal trade terms for all WTO members.

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25
What is 'National Treatment' under WTO rules?
Imported goods must be treated no less favorably than domestic goods.
26
What is the purpose of the WTO Dispute Settlement Body?
To resolve trade disputes through panels and appeals.
27
What are non-tariff barriers?
Regulations or quotas that limit imports without using tariffs.
28
What are bound tariffs?
Maximum tariff rates agreed upon in WTO negotiations.
29
What does WTO transparency require?
Publishing trade regulations and notifying changes.
30
What is the role of the WTO Secretariat?
It administers WTO agreements and provides support to dispute panels.
31
What is the GATS?
The General Agreement on Trade in Services, part of the WTO.
32
What are the four modes of service supply under GATS?
Cross-border supply, consumption abroad, commercial presence, presence of natural persons.
33
What is the TBT Agreement?
WTO agreement that ensures technical regulations do not create unnecessary trade barriers.
34
What is the difference between a standard and a regulation?
Standards are voluntary, regulations are mandatory.
35
What is 'harmonization' in trade standards?
Using internationally recognized standards to facilitate trade.
36
What is 'equivalence' in trade rules?
Recognizing foreign standards as functionally similar.
37
What does 'mutual recognition' mean?
Accepting other countries' test results and certifications.
38
What is 'market access' under GATS?
The ability to enter a service market without certain limitations.
39
What is 'national treatment' in GATS?
Foreign service providers should receive the same treatment as domestic providers.
40
What is the Agreement on Government Procurement?
A WTO deal ensuring transparency and non-discrimination in government purchases.
41
What is dumping?
Selling goods in a foreign market at a lower price than in the domestic market.
42
What is a subsidy?
A financial contribution by a government that gives an advantage to producers.
43
What are actionable subsidies?
Subsidies that harm trade and may be challenged under WTO rules.
44
What is a countervailing duty?
A tariff to neutralize the effects of a subsidy.
45
What is the purpose of a safeguard?
To temporarily restrict imports to protect a domestic industry from harm.
46
What are the requirements for safeguard measures?
Proven injury to industry, non-discriminatory application, and temporary duration.
47
What is the Agreement on Agriculture?
WTO rules for reducing agricultural subsidies and improving market access.
48
What is the two-tier test for exceptions in trade?
A measure must meet a listed exception and satisfy legal conditions.
49
What are prohibited subsidies?
Subsidies tied to export performance or using domestic over imported goods.
50
What are upstream subsidies?
Subsidies to suppliers that indirectly reduce the export price of final goods.
51
What distinguishes international from non-international armed conflict?
International conflicts involve states; non-international involve state vs. non-state actors.
52
Why is chivalry included in LOAC?
To promote fairness and humanity even during armed conflict.
53
What does the concept of 'reciprocity' prohibit under LOAC?
Violations by one party do not justify similar violations by another.
54
What is the role of the General Assembly in the use of force?
It discusses issues of peace but cannot authorize use of force like the Security Council.
55
How does 'pre-emptive self-defense' differ from anticipatory?
Pre-emptive is based on threat probability; anticipatory responds to imminent danger.
56
What is an example of modern 'soft force'?
Economic sanctions or cyberattacks that influence state behavior without armed conflict.
57
What is the role of the Ministerial Conference in the WTO?
It is the top decision-making body of the WTO.
58
Why is the principle of 'like products' important in trade law?
It helps determine whether domestic and imported goods are treated equally.
59
What is 'tariff binding'?
A commitment by countries not to raise tariffs above an agreed level.
60
What is the purpose of conformity assessments?
To verify that a product meets technical standards or regulations.
61
Why are transparency obligations critical in the TBT Agreement?
They ensure trading partners understand regulatory changes and adapt.
62
How do governments justify trade restrictions under GATS?
By referencing national policy goals like security or health, provided they meet WTO rules.
63
How is 'material injury' defined in anti-dumping cases?
Significant harm to a domestic industry from unfair trade.
64
What are 'prohibited subsidies' under the SCM Agreement?
Subsidies tied directly to export targets or domestic content.
65
What is the role of the Dispute Settlement Understanding (DSU)?
It governs how trade disputes are resolved under the WTO.
66
What is the significance of the Uruguay Round?
It led to the creation of the WTO and expanded rules to services and intellectual property.
67
Why is international law important in regulating economic relations?
It ensures stability, predictability, and fairness in cross-border transactions.
68
How do RTAs interact with WTO rules?
They must comply with WTO principles unless they qualify for specific exceptions.
69
What happens when a WTO ruling is not enforced?
The winning party may impose retaliatory measures, such as withdrawing concessions.
70
Why are cyberattacks difficult to regulate under international law?
Lack of clear definitions and challenges in attribution complicate legal responses.