Chapter 4 Flashcards
what is absolute theory of state immunity?
doctrine that protects all foreign state acts from domestic courts
What is acta jure imperii?
Latin for “sovereign act”; act that can only be undertaken by a state, not a private
company
what is acta jure gestionis?
Latin for “commercial act”; act that can be undertaken by a private company
what is admissibility?
criteria that affect a legal body’s willingness to rule, usually based on the specific facts of
the case
what is advisory opinion?
a non-binding document that answers legal questions submitted by an international organization
what is arbitration?
a process in which one or more individuals decide a dispute based on evidence and
arguments
what is civil remedy?
a remedy primarily aimed at making a victim whole
what is compromissory clause?
treaty text that gives authority to an international legal body to hear disputes
about the treaty’s interpretation or application
what is consular immunity?
the principle that protects consular officials from criminal (but not civil) actions in
domestic courts of a foreign state
what is Countermeasure?
legal violation taken in response to a prior a wrongful act by another state
what is Criminal remedy?
a remedy primarily aimed at punishing a violator
what is Diplomatic immunity?
the principle that protects diplomats from civil and criminal actions in domestic
courts of a foreign state
what is Erga omnes obligation?
an obligation to the international community as a whole
what is individual petition?
process that allows individuals to directly complain to an international organization
if they believe that their rights have been violated by a state
what is the International community?
a group of global actors with legal interests and personality, independent of
its members
what is investor-state dispute settlement?
system of legalized dispute settlement that allows foreign investors to directly sue their host states using international arbitration
what is judicial economy?
the principle that a legal body should decline to make a ruling that is not necessary to
resolve a dispute
what is judicial propriety?
the principle that a legal body should decline to make a ruling that would not serve a judicial function
what is Jurisdiction?
authority a legal body to rule on a dispute
what is Naming and shaming?
public condemnation of noncompliant states
what is Obiter dictum?
Latin for “something said in passing”; a statement in a judgment that is not necessary to resolve the given legal dispute
what is peremptory norm?
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”
what is proportionality?
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)
what is protective principle?
claim that a state can regulate and punish acts with systematic and important effects
on the state’s national interests, like its security
what is restricted theory of immunity?
doctrine that only protects a foreign state’s sovereign acts (and not its commercial acts) from domestic courts
what is retorsion?
a lawful act used to punish a state
what is Right to diplomatic protection?
the doctrine that states have the right to protect their nationals at the international level
what is scorecard diplomacy?
public grading of states to influence behavior
what is socialization?
informal process in which diverse actors internalize social norms through their interactions
what is standing?
admissibility requirement that the actor filing a case must have a legal interest in the dispute
what is state immunity?
the principle that a domestic court should not rule on a foreign state act without that state’s consent
