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The Best Review On The Planet > BLAW CHAPTER 5 > Flashcards

BLAW CHAPTER 5 Flashcards

1
Q

What are the 2 branches of international law

A

-Public international law
-Private International law

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2
Q

Public international law

A

-The law governing relations among governments/ international organizations
-Laws of war, acquisition of territory, etc.
-Sea, environment, outer space
-Basic rules of human rights

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3
Q

Private International Law

A

-Applies to businesses and individuals in international commercial and legal transactions

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4
Q

What are the 2 fundamental questions of Private Law?

A

-Which law applies to a private government?

-How will people from one country settle their private disputes with parties on foreign soil?

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5
Q

3 major sources of international law

A

-Treaties
-Customs
-General Principles of Law

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6
Q

Binding, written agreement between 2 or more states or international organizations that states their duty to eachother

A

TREATY

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7
Q

Convention

A

A treaty on a specific issue that affects multiple participants

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8
Q

Adopted treaty

A

-When those who have drafted the treaty agree that it is in final form and ready to be ratified

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9
Q

Ratified treaty

A

-When a nation indicates its intent to be bound by the treaty

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10
Q

Customary international law

A

-Widely accepted way of doing something so over time the patterns of behavior/actions are crystallized into the rules

-BINDING ON ALL STATES UNLESS THEY SPECIFICALLY OBJECT OR ENACT A CONTRARY TREATY

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11
Q

Jus Cogens

A

AKA “Compelling Law”
-Norms that have attained the highest legal status in international law

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12
Q

General Principles of Law

A

-Legal norms existing among nations
-Binding on all states unless they specifically object or enact a treaty
-Based on mutual respect and courtesy

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13
Q

Comity

A

-When states share common values and public policy, they defer to the laws and judicial decrees of the other as long as they are fair

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14
Q

Soverignty

A

-A country’s absolute authority to rule its people and territory

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15
Q

Examples of general principles of law

A

-Comity
-Sovereignty
-Sovereign immunity

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16
Q

Sovereign Immunity

A

-The courts of one nation lack the jurisdiction to hear lawsuits against foreign governments as defendants

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17
Q

4 ACTORS IN INTERNATIONAL LAW

A
  1. States/Nations
  2. Regional alliances
  3. International organizations and dispute resolution
  4. Individuals
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18
Q

Actors of international law: States/Nations

A

-Most influential/most responsibilities
-Liable for breaches of their international obligations

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19
Q

Reparations of States/Nations

A

-The amends states must make to one another after a breach of international law
-Restitution
-Compensation
-Apology

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20
Q

Actors of international law: Regional alliances

A

-Collection of sovereign nations that band together for both political and economic reasons

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21
Q

Regional alliances: EU

A

-European union
-Created the euro
-Created a unified foreign and security policy
-Created a common citizenship

22
Q

Regional alliances: USMCA

A

-United States-Canada-Mexico agreement
-Digital trade is regulated
-Environmental regulations are easier to enforce
-Workers rights are protected
-Rules on intellectual property

23
Q

Actors of international law: International Organizations and dispute resolutions

A

NGO and IGO

24
Q

NGO

A

-Nongovernmental organization
- an entity not affiliated with any government
-formed to provide services and advocacy on a range of issues

EXAMPLES: Red cross and save the children

25
Q

IGO

A

-Intergovernmental organizations
- supranational entity of states established by treaty

EXAMPLES: Negotiations, arbitrations, submitting issues to international courts

26
Q

The UNITED NATIONS

A

-193 countries
-The UN Charter sets out the organizations governance
-The secretariat- administers day to day operations
-General Assembly- the lawmaking body, elects members
-Security council- charged with maintaining international peace

27
Q

5 permanent members of the United Nations

A
  • China, France, Russia, UK, US
28
Q

UNDER UN: WIPO

A

-World intellectual property organization
-Protects intellectual property like patents, copyrights, internet domain names, etc.

29
Q

UNDER UN: UNCITRAL

A

-UN commission on international trade law
-Aims to harmonize by proposing model legislation on e-commerce and international payments

30
Q

UNDER UN: IMF

A

-International Monetary Fund
-Fosters worldwide economic growth and financial stability

31
Q

UNDER UN: World Bank

A

-Mandate is to end poverty by encouraging development: loans money to the poorest countries

32
Q

ICJ

A

-International court of justice
-AKA World Court
-Settles international legal disputes and gives advisory opinions to UN and its agencies
-15 elected judges from 15 countries

33
Q

Under GATT: National Treatment

A

Countries may not discriminate against foreign goods by imposing additional sales/taxes/standards that don’t apply to domestic goods

34
Q

GATT

A

-General agreement on Tariffs and Trade
-Free trade- reduce trade barriers
-Most favored nation- countries must treat all member states equally

35
Q

WTO

A

-World Trade organization
-Mission is to promote free flow of trade
-Oversees trade rules and disputes among its members
-Monitors national trade policies to ensure they dont unfairly protect domestic industries

36
Q

International Chambers of Commerce

A
  • Facilitates international business
    -Advocates on matters of international business policy and develops uniform rules to aid cross-border transactions
37
Q

ICC- Incoterms rules

A

-Defines a series of three letter codes commonly used in international contracts for sale of goods

38
Q

FOB

A

free on board
-the buyer must pay for transportation

39
Q

ICA

A

-International Court of Arbitration
-Operated by the ICC, it hears over half the worlds private commercial disputes
-Politically neutral

40
Q

Decision of the ICA is called…

A

-Award
-Enforced by domestic courts in 145 countries

41
Q

Actors of international law: Individuals

A

-International Criminal Court prosecutes people who participate in genocide, war crimes, etc.
-Court of last resort

42
Q

Which statute governs the International Criminal Court?

A

Rome Statute

43
Q

The 3 world legal traditions

A
  1. Common Law
    2.Civil Law
  2. Religious Legal Systems (Shari’a)
44
Q

Common law

A

-An adversarial process of dispute resolution presided over by an impartial judge
-Stare Decisis

45
Q

Civil Law

A

-An process of dispute resolution where the judge acts as an investigator
-Courts base judgements on statues

46
Q

Religious Legal Systems

A

-Islamic Law, or Shari’a
-Business relationships, personal/family matters/daily life
-Based on the Koran
-Doctrines promote honesty and transparency

47
Q

Extraterritorality

A

-The power of one nation to impose its laws in other countries

48
Q

General Rule

A

U.S. statutes do not apply abroad unless the laws themselves explicitly say so

49
Q

Foreign recognition

A

A decision by a court outside a country is legally valid inside

50
Q

Foreign enforcement

A

A judgement rendered outside a country can be collected inside

51
Q

Uniform Foreign Money Judgements Recognition Act

A

-US courts will recognize foreign judgements only if:
-Award was based on a full and fair trial
-Defendant was given opportunity to appear
-Judgement was not fraudulent
-The foreign court was proper forum to hear the case

52
Q

CISG

A

-UN convention on contracts for the international sale of goods
-Applies to contracts for sale of COMMERCIAL goods
-Makes sales law more uniform and predictable
-Contracts DO NOT need to be in writing

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