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B Law 442 midterm Flashcards

1
Q

What is International Law?

A

A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

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2
Q

What is the primary difference between Public and Private International Law?

A

Public International Law governs relationships between states, while Private International Law deals with individuals and businesses across borders.

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3
Q

What are the primary sources of International Law?

A

Treaties, customs, general principles of law, judicial decisions, and scholarly writings.

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4
Q

What is the importance of Customary International Law?

A

It consists of practices accepted as legal obligations by states and is binding even without formal treaties.

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5
Q

What is the principle of Opinio Juris?

A

The belief that a certain practice is followed as a legal obligation in international law.

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6
Q

What is Sovereignty?

A

The authority of a state to govern itself without external interference.

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7
Q

What are the criteria for statehood according to the Montevideo Convention?

A

A defined territory, a permanent population, a government, and the capacity to enter into relations with other states.

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8
Q

What is the significance of International Recognition?

A

Recognition by other states can impact a new state’s ability to function in international relations.

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9
Q

What is the Declarative Theory of state recognition?

A

A state exists as long as it meets the Montevideo criteria, regardless of recognition.

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10
Q

What is the Constitutive Theory of state recognition?

A

A state only exists when recognized by other states.

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11
Q

What is the Act of State Doctrine?

A

A principle that one state will not sit in judgment of another state’s sovereign acts.

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12
Q

What is Absolute Sovereign Immunity?

A

The concept that a state cannot be sued in the courts of another country under any circumstances.

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13
Q

What is Restrictive Sovereign Immunity?

A

A doctrine allowing lawsuits against states when they engage in commercial activities.

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14
Q

What is Diplomatic Immunity?

A

Legal immunity that ensures diplomats are not subject to the jurisdiction of foreign courts.

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15
Q

What was the significance of the Pinochet case?

A

It established that heads of state could be held accountable for crimes such as torture.

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16
Q

What is Nationality?

A

A legal bond between an individual and a state, granting rights and obligations.

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17
Q

What is Dual Nationality?

A

Holding citizenship in two or more countries simultaneously.

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18
Q

What is Statelessness?

A

A situation where an individual is not recognized as a citizen by any state.

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19
Q

What is the significance of the 1951 Refugee Convention?

A

It provides legal protection for refugees, including the principle of non-refoulement.

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20
Q

What is Non-Refoulement?

A

The principle that refugees cannot be returned to a country where they face persecution.

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21
Q

What are the five principles of jurisdiction?

A

Territorial, Nationality, Passive Personality, Protective, and Universal.

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22
Q

What is Universal Jurisdiction?

A

The ability of a state to prosecute serious crimes like genocide regardless of where they were committed.

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23
Q

What is the Protective Principle?

A

A state can claim jurisdiction over acts outside its territory if they threaten its security.

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24
Q

What is the Passive Personality Principle?

A

A state can claim jurisdiction if its citizens are harmed, even outside its borders.

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25
What is Extradition?
The process by which one state hands over an accused individual to another state for prosecution.
26
What is the International Court of Justice (ICJ)?
The principal judicial organ of the United Nations that settles disputes between states.
27
What is the International Criminal Court (ICC)?
A court that prosecutes individuals for crimes such as genocide and war crimes.
28
What was the purpose of the Nuremberg Trials?
To prosecute Nazi war criminals for crimes against humanity.
29
What is the difference between the ICJ and the ICC?
The ICJ handles disputes between states, while the ICC prosecutes individuals.
30
What is the role of the United Nations Security Council?
Maintaining international peace and security, including authorizing military interventions.
31
What is a Treaty?
A formal agreement between two or more states under international law.
32
What is the Vienna Convention on the Law of Treaties?
A treaty governing the creation, execution, and termination of treaties.
33
What is the principle of Pacta Sunt Servanda?
Treaties must be followed in good faith by the parties.
34
What is a Self-Executing Treaty?
A treaty that becomes effective without the need for additional domestic legislation.
35
What is the Persistent Objector Rule?
A state that consistently rejects a rule of customary international law is not bound by it.
36
What is the Universal Declaration of Human Rights?
A foundational international human rights document adopted by the UN in 1948.
37
What is the Geneva Convention?
A set of treaties establishing humanitarian laws during wartime.
38
What is the Rome Statute?
The treaty that established the International Criminal Court (ICC).
39
What is the Responsibility to Protect (R2P)?
A principle that states must protect their populations from genocide and crimes against humanity.
40
What are Economic Sanctions?
Measures imposed on states to enforce international law, often restricting trade or financial access.
41
What is Corporate Nationality?
A corporation’s legal identity in international law, usually based on its place of incorporation.
42
What is International Arbitration?
A method of resolving disputes between businesses or states without going to court.
43
What is the World Trade Organization (WTO)?
An international organization that regulates trade between nations.
44
What is the role of the International Monetary Fund (IMF)?
To provide financial support and economic stability to countries in need.
45
What is the difference between Bilateral and Multilateral Treaties?
Bilateral treaties involve two states, while multilateral treaties involve more than two states.
46
What are War Crimes?
Serious violations of the laws of war, including targeting civilians and using prohibited weapons.
47
What are Crimes Against Humanity?
Acts like genocide, enslavement, and torture committed against civilian populations.
48
What is Genocide?
The intentional destruction of a national, ethnic, racial, or religious group.
49
What is the Emoluments Clause?
A constitutional provision prohibiting U.S. officials from accepting foreign gifts or payments.
50
What is Extraordinary Rendition?
The practice of secretly transferring detainees to countries where they may face torture.
51
What is Jus Cogens?
A fundamental principle of international law that cannot be violated, such as the prohibition on slavery.
52
What is State Responsibility?
A state's accountability for internationally wrongful acts.
53
What is the purpose of Economic Zones (EEZs)?
To grant states special rights over marine resources within 200 nautical miles of their coasts.
54
What is the significance of Brexit under international law?
It involved complex treaty negotiations and legal implications for international agreements.
55
What is Diplomatic Asylum?
A form of asylum where a state grants protection to individuals inside its diplomatic missions.
56
What is Territorial Integrity?
The principle that a state's borders should not be altered without its consent.
57
What is a Failed State?
A state whose government has lost control, leading to lawlessness and instability.
58
What is the Difference Between a Nation and a State?
A nation is a group of people with common identity, while a state is a political entity with sovereignty.
59
What is the Right to Self-Determination?
The right of people to choose their own government and political status.
60
What is State Succession?
The legal transition when one state replaces another in control of a territory.
61
What is Diplomatic Asylum?
When an embassy grants protection to individuals from persecution in their home country.
62
What is Persona Non Grata?
A diplomat declared unwelcome by the host country.
63
What is the Purpose of Consular Immunity?
To protect consular officials while carrying out duties but with more limited protections than diplomats.
64
What are the Main Functions of an Embassy?
Diplomatic representation, negotiations, assistance to citizens, and intelligence gathering.
65
What is the Role of the UN General Assembly?
A forum for all UN member states to discuss and coordinate on international issues.
66
What is the Principle of Reciprocity?
States grant each other mutual rights and privileges under international law.
67
What is Lex Specialis?
A legal doctrine stating that a more specific law prevails over a general one.
68
What is the Difference Between Hard Law and Soft Law?
Hard law is legally binding, while soft law consists of guidelines and recommendations.
69
What is a Reservation in a Treaty?
A unilateral declaration modifying a state's obligations under a treaty.
70
What is Jus Soli?
The principle of acquiring nationality based on birthplace.
71
What is Cyber Jurisdiction?
Legal authority over online activities that cross national borders.
72
What is the Principle of Non-Intervention?
States should not interfere in the internal affairs of other states.
73
What is the Law of the Sea?
A body of rules governing maritime zones and rights.
74
What is the High Seas?
International waters beyond any nation's jurisdiction.
75
What is Universal Declaration of Human Rights?
A UN document setting fundamental human rights standards.
76
What is the Role of the World Bank?
To provide financial assistance for economic development projects.
77
What is an International Sanction?
Restrictions imposed on a country to influence its behavior.
78
What is the Difference Between a Tariff and a Quota?
A tariff is a tax on imports, while a quota limits the quantity of imports.
79
What is the Most-Favored-Nation Principle?
A trade principle ensuring equal treatment among WTO members.
80
What is the International Labour Organization (ILO)?
A UN agency that sets labor standards and promotes workers' rights.
81
What is the Role of the UN High Commissioner for Refugees (UNHCR)?
To protect and assist refugees worldwide.
82
What is Genocide?
The intentional destruction of a national, ethnic, racial, or religious group.
83
What is a War Crime?
A serious violation of the laws of war, such as targeting civilians.
84
What is Crimes Against Humanity?
Serious offenses like enslavement and torture committed against civilians.
85
What is the Role of Amnesty International?
A non-governmental organization advocating for human rights worldwide.
86
What is the Paris Agreement?
An international treaty on climate change aimed at reducing global emissions.
87
What is the Role of the International Atomic Energy Agency (IAEA)?
To promote safe and peaceful use of nuclear energy.
88
What is the Role of Interpol?
An international police organization facilitating cooperation between law enforcement agencies.
89
What is the Global Compact on Migration?
A UN agreement aimed at safe, orderly, and regular migration.
90
What is the Responsibility to Protect (R2P)?
A doctrine that states must protect their populations from mass atrocities.
91
What is the North Atlantic Treaty Organization (NATO)?
A military alliance for collective defense among member states.
92
What is an Arms Embargo?
A restriction on the sale of weapons to specific states or groups.
93
What is Peacekeeping?
UN missions that deploy personnel to help maintain peace in conflict areas.
94
What is the Geneva Protocol?
A treaty banning the use of chemical and biological weapons in war.
95
What is the Role of the International Criminal Tribunal for the Former Yugoslavia (ICTY)?
A court that prosecuted war crimes in the Balkans conflict.
96
What is Ex Aequo et Bono?
A legal concept allowing a court to make a fair decision outside strict legal rules.
97
What is Comity?
A practice where states voluntarily follow international norms out of respect rather than obligation.
98
What is the Doctrine of Forum Non Conveniens?
A principle allowing courts to refuse jurisdiction if another forum is more appropriate.
99
What is the Principle of Proportionality?
A legal doctrine requiring that actions do not exceed what is necessary to achieve their objective.
100
What is the Doctrine of Clean Hands?
A principle that a state cannot seek legal relief if it has acted unlawfully.

B LAW 201 (4 decks)

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