class 5 Flashcards
what is the law of the nations?
ancient way of understanding international law between two states with reciprocity (not full a treaty)
passage –> natural law: pass through a country without being in danger
duty of care –> care for someone who is sick
what is the law of aliens?
the duty of treatment regarding foreigners, previous to international treaties and states
what are the two schools in the law of aliens?
a) national or equality standard of treatment (foreigner must be treated with same qualities as nationals in all rights)
b) international standard of treatment (rules for past 40-50 year) same effect, no matter what constitution says there is a standard for all nations.
what does diplomatic law do?
It helps to contribute to the reciprocity and the minimal basis of human rights. treaties pacts and covenants are negotiated by diplomats
What does IUS ad bellum and IUS in bellum mean?
right to war, guidelines for fighting war
what is a just war?
what does de luri beli ac pacis mean?
what idea emerged from the term just war?
the ‘just war’: what a noble war is, no justification for war anymore
de luri beli ac pacis: the law of war and peace
idea came from ww1 and league of nations: need to regulate war which provoked international treaties like geneva conventions and the 2 protocols of 1997 on humanitarian law
what is humanitarian law?
how to help civilians during armed conflicts international or internal, we have specific treatment for people (basis of international human law)
explanation of anti slavery laws
led from internal to international law (forbidding discriminatory treatment to women and child labor, trafficking, etc.) basic were anti-slavery laws )
congress of Vienna abolished (1815)
explain minority rights
understood as condescending → established by bog states for smaller states big boy vs. small boy. brought ethics wars in Africa or the separation of india and Pakistan
congress of vienna 1815 and treaty of berlin 1878
what is the difference between ruling and opinion?
a ruling has consequences and is binding and can become a case law and an opinion is like a briefing, and cannot become a case law
what crrated the ILO (international Labour Organization)
Welsh and French essay of the International Association of Labour Law (1901)
Peace Conference (1919),
what were the UN charter (1945) and the Universal Declaration of Human rights(1948) for?
to bring peace
when was the international convenant on civil and political rights signed?
1966
when was the international convenant on Economic, Social, and Cultural Rights signed and in effect
1966 and 1976
finish the sentences
a. international human rights law is the law of _____
b.International human rights law is the law is the right ____
c. Human rights are _____ rights
a. international human rights law is the law of post wars
b. International human rights law is the law is the right to have rights
c. Human rights are post-war rights
