Chapter 9: International Law & HR

Question 1

Adjudication

Answer 1

an impartial third party within a binding legal decision or process

Question 2

Compulsory Jurisdiction

Answer 2

the state’s acceptance of an international tribunal and its authority, therefore creating an obligation to withhold its decisions

Question 3

Diplomatic Immunity

Answer 3

a status granted to a diplomat that exempts them from laws and punishments in foreign jurisdictions

Question 4

Due Process

Answer 4

the state must respect the full rights of the individual within the system, allowing judges to define matters of fundamental fairness and justice

Question 5

Head-of-State Immunity

Answer 5

a notion that a leader or high-profile political official is above the law and is not culpable of any criminal activity within their actions and responsibilities

Question 6

Ideological & Theological School of Law

Answer 6

a set of ideas based on religious thought yet still providing coherent legal framework

Question 7

Naturalist School of Law

Answer 7

a system of law determined by nature and thus universal, referring to the use of reason to analyze human nature and moral behavior

Question 8

Positivist School of Law

Answer 8

social and cultural contexts that construct a legal standard and norms through a nation or jurisdiction’s citizens and their values

Question 9

Positivist School of Law

Answer 9

social and cultural contexts that construct a legal standard and norms through a nation or jurisdiction’s citizens and their values

Question 10

International Court of Justice

Answer 10

the primary judicial component of the United Nations, headquartered in the Hague, Netherlands with 15 judges on 9-year terms

Question 11

International Criminal Court

Answer 11

the first permanent global court established to carry out trials for individuals convicted of war crimes, crimes against humanity, and crimes of aggression

Question 12

Jus ad bellum

Answer 12

a Latin term meaning “just right to wage war”, regarding the decision making to begin war

Question 13

Jus in bello

Answer 13

a Latin term for “justice in war”, regarding the morality and criteria to govern proper conduct in war

Question 14

Jus post bellum

Answer 14

a Latin term for “justice after the war”, regarding the definition and assessment of outcomes after conflict

Question 15

Moral Absolutism

Answer 15

the idea that morality should be the absolute guide for human actions and decisions

Question 16

Moral Relativism

Answer 16

the idea that determining the morality of a specific action or event requires appreciation of the context of said actions

Question 17

Moral Pragmatism

Answer 17

the idea that a middle ground exists between amorality and moral absolutism that acts as a guide to human action

Question 18

Naturalist School of Law

Answer 18

the idea that humans have rights and a moral compass awarded by nature

Question 19

Optional Clause

Answer 19

a required UN member state signed clause, agreeing to be subject to the ICJ’s jurisdiction, however only 2/3 of members have not done so

Question 20

Pacta sunt servanda

Answer 20

a Latin term meaning “treaties are to be served/carried out” describing an important international norm that treaties should be legally binding to ensure security

Question 21

Positivist School of Law

Answer 21

the idea that law is a reflection of society and a codification of norms and standards

Question 22

Transitional Justice

Answer 22

processes associated with society’s attempts to redress the legacies of human rights abuses and work towards justice and reconciliation

Question 23

Vienna Convention on the Law of Treaties

Answer 23

defines a treaty as “an international agreement concluded between states written in form, governed by international law”