Chapter 2: International Law Flashcards

1
Q

What is State Sovereignty?

A

Every nation of the world has complete control over its territory, its people, and its choice of government, subject to the rules of international law

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2
Q

What does Pacta Sunt Servanda?

A

The customary international legal rule requiring each nation to keep international promises undertaken through treaties

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3
Q

What is a Bi-lateral treaty?

A

A treaty between two nations

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4
Q

What is a multilateral treaty?

A

A treaty among several states

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5
Q

What is extradition?

A

The surrender by one state, at the request of another, of a person accused or convicted of a crime violating the requesting states domestic laws

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6
Q

What is Jus Cogens?

A

A peremptory norm of law so basic to humans survival and dignity that it can never legally be breached

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7
Q

What is Diplomatic immunity?

A

Special rights or privileges that protect foreign diplomatic representatives from physical harm or civil and criminal proceedings under the law of the host nation

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8
Q

What is the League of Nations?

A

An international organization that used law to promote co-operation and remove disputes between countries

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9
Q

What is the United Nations?

A

One of the main international organizations and actors in international law, UN charter

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10
Q

What is Sovereign Equality of States?

A

Member states agree to relinquish the same powers of the United Nations and to recognize the jurisprudence of the United Nations within the limits of these powers

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11
Q

What is the Fulfillment of Obligations in Good Faith?

A

The requirement of good faith can impose a positive obligation in the formation, performance and extinction of the contract

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12
Q

What is International Negotiation?

A

An international dispute resolution method in which diplomatic representatives or heads of state of the disputing states negotiate to reach a settlement

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13
Q

What is International Mediation?

A

An international dispute resolution method in which an impartial mediator acts as a go - between to reach peaceful settlement between two parties

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14
Q

What is International Conciliation?

A

An international dispute resolution method in which a commission hears the disputes collects information, and tries to bring the parties to an agreement

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15
Q

What is International arbitration?

A

An international dispute resolution method in which both parties refer their dispute to an arbitrator who decides the case as would a judge

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16
Q

What is International Adjudication?

A

Method in which facts are weighed in a case to arrive at a decision, principle branch is the international court of judgement

17
Q

What is Collective Security?

A

The uniting of individual states against an aggressor state in order to maintain international peace and security

18
Q

What is a Reprisal?

A

The use of force in response to another states prior legal action

19
Q

What is Self-Determination?

A

The formation of a people into an independent nation

20
Q

What is International Peacekeeping?

A

An operation involving military personal, usually undertaken by the United Nations help maintain or restore peace and security in areas of conflict

21
Q

What are War Crimes?

A

Violations of the laws or customs of war (e.g. slave labor, ill-treatment of prisoners of war)

22
Q

What are Crimes against humanity?

A

Inhumane acts (such as murder, extermination, torture, and enslavement) committed against a civilian population before or during war or prosecution for political racial, or religious reasons

23
Q

What are crimes against peace?

A

Planning or conspiring to wage a war of aggression or war in violation of international treaties

24
Q

What is terrorism?

A

The unlawful use or threat of violence against persons or property to further political or social objectives

25
What is the Universal Declaration of Human Rights?
30 universal rights that all humans are entitled to, ensure being free and equal
26
What are the 4 purposes of international law?
1. Keep peace between nations 2. Builds peace between nations 3. Builds international co-operation and harmony 4. Nation states consent to being governed by international law
27
Overview of Jus Cogens
-Latin = "Compelling law" -This "higher law " may not be violated by any country -A norm of law so basic to human dignity and survival it can never be breached -A principle of International law that is based on values taken to be fundamental to the international community and that cannot be set
28
What are the sources of international law?
1. The courts: Makes decisions on disputes in accordance with international law 2. International Treaties: Agreements entered into between nations e.g. Free Trade Agreement 3. International Customs: Common practices eventually accepted as law 4. General Principles of law: Recognized by civilized nations 5. Previous court decisions and the writings and teachings of jurists: To determine the rules of law 6. Volumes of material and documents produced by the UN and national states
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