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Transnat > Conventions/Treaties/Articles > Flashcards

Conventions/Treaties/Articles Flashcards

1
Q

US-Canada Extradition Treaty

Art 2 - dual criminality

A

alleged crime needs to be a crime in both requested and requesting states

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2
Q

US-Canada Extradition Treaty

Article 4 - situations where countries will not extradite

A

political offenses unless it involves a violent crime like murder or kidnapping

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3
Q

US-Canada Extradition Treaty

Art 5 - Age req for extraditon

A

defendants under 18 will not be extradited

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4
Q

US-Canada Extradition Treaty

Art 6 - death penalty reqs

A

extradition can be refused if the requesting state is seeking the death penalty, but assurances are allowed

Kindler v. Canada

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5
Q

US-Canada Extradition Treaty

Art 13 - requested/requesting states

A

can only be one requested state, but multiple states can be requesting states

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6
Q

US-Canada Extradition Treaty

Article 17/17bis - extradition of defendant when crimes in both states

A
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7
Q

European Convention on Human Rights

Art 3

A

no one shall be subject to torture or inhumane or degrading treatment or punishment

Soering v. UK

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8
Q

International covenant on civil and political rights

article 7 - punishment

A

No one shall be subjected to cruel, inhuman, or degrading treatment or punishment
US issued reservation to ICCPR to keep death penalty

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9
Q

Vienna Convention on Law of Treaties

Art 26 - Pacts sunt servanda

A

duty of good faith for all parties that are bound by the treaty

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10
Q

Vienna Convention on Law of Treaties

Art 31 - interpreting treaties

A

interpret treaty language in good faith in accordance with ordinary meaning in light of treaty’s object and purpose

Abbott v Abbott

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11
Q

Vienna Convention on Law of Treaties

Art 32 - treaty interpretation, parol evidence

A

if interpretation causes unclear or absurd result, then bring in parol evidence to determine meaning - similar to legislative history

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12
Q

Vienna Convention on Law of Treaties

Art 41 - modifying multilateral treaties

A

allow amendments if it doesn’t affect party’s advantages of the treaty and does not derogate from the object and purpose of the treaty

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13
Q

Vienna Convention on Law of Treaties

Art 36 - foreign nationals arrested in foreign state

A

have the right to contact the consulate

Medellin v. Texas

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14
Q

Rome Statute

Art 6 - Genocide definition

A

acts committed with special intent to destroy/eliminate, in whole or in part a national, ethnic, racial, or religious group

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15
Q

Rome Statute

Art 7 - crimes against humanity definition

A

killing as part of a widespread and systematic attack against civilian population

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16
Q

Vienna Convention on Law of Treaties

Art 41 - amendment vs modification

A

Amendment alters for all parties, modification alters for some parties

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17
Q

Vienna Convention on Law of Treaties

Art 53 - treaty definition

A

International agreement concluded between states in written form and governed by international law

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18
Q

Vienna Convention on the Laws of Treaties

Art 46 - validity

A
  1. Agent must have proper authority
  2. Error and mistake – art 47
  3. Art 49 – Fraud
  4. Art 50 – corruption
  5. Art 51, 52 – duress and coercion
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19
Q

Vienna Convention

Art 53 - jus cogens

A

treaty invalid if it conflicts with jus cogens norm

20
Q

Rome Statute

Art 8 - War crimes

A

must be committed in armed conflict - jus in bello

  • discriminate between combatants and civillians
  • proportional action to threat or violence
  • prohibition on method and weapons that are inhumane
21
Q

Hague convention on war crimes

A

What tactics can be used in armed conflicts - exploding bullets, chemical and bacterial weapons, radioactive weapons

22
Q

Geneva convention on war crimes

A

Who can be targeted in armed conflict - shipwrecked, sick and wounded, POWs, civilians, children recruited into war

23
Q

Rome Statute

art 8bis - crimes of aggression

A

when is it legal to wage war

legal if

  • UN authorizes use of force in respond to breach and threats of legal aggression
  • self defense
24
Q

Rome Statute

Art 16 - deferral

A

how cases can be deferred to ICC from UNSC, can be from any path to the ICC

Cases can be deferred for one year

25
Q

Rome Statute Art 12 - Jurisdiction of ICC

A

crimes committed by the national of a state party

crimes committed on the territory of a state party

26
Q

Rome Statute Art 13 - Referral process

A
  1. state party referral - art 12 jurisdiction, often self-referral
  2. proprio motu - art 12 jurisdiction, chief prosecutor can refer case
  3. UNSC referral - from resolution, no art 12 jurisdiction
27
Q

Rome Statute Art 17 - admissibility

A

ICC has jurisdiction if national jurisdiction is unable or unwilling to prosecute

  • ability - capacity and structural ability
  • willingness - genuine commitment to having a trial, does not include truth commissions
28
Q

Alien Tort Statute

A

Gives federal courts original jurisdiction over claims brought by anyone, anywhere that arises out of a violation of customary international law

Today, war crimes, crimes against humanity, torture, & genocide are all clearly covered by the ATS

29
Q

Foreign Sovereign Immunities Act

A

presumption of immunity for foreign sovereigns, must fit into exception - commercial activities, takings/expropriations, material support of terrorism, jus cogens norms

does not create a private right of action by itself

30
Q

Statute of the International Court of Justice

Art 36 - jurisdiction

A
  1. both states agree that ICJ has jurisdiction on ad hoc basis
  2. treaty has clause to go to ICJ in case of dispute
  3. grant of general jurisdiction to ICJ
31
Q

Hague Convention on the Enforcement of Foreign Judgements

A

any foreign judgment will be enforced in any other state party. no need for conclusiveness

32
Q

NAFTA Ch 3 - tariff and non-tariff barriers

A

Tariff barrier - customs duty, tax, fine at border

Non-Tariff barriers - quoats, subsidies, process-based concerns

33
Q

NAFTA Ch 7 - sanitary measures

A

public health measures, lower level of scrutiny under NAFTA

34
Q

NAFTA Ch 9 - standards

A

safety, protection of environment/consumers/life

state needs to point to scientific, logical viability of standard

must apply equally to everyone

35
Q

NAFTA Ch 20 - arbitral panels

A

state can command consultation, request meeting with NAFTA commission, arbitration

36
Q

NAFTA Ch 21 - rights of action

A

no private right of action

37
Q

NAFTA Ch 11 - rights of individual companies and 5 protections

A

individual companies can sue when state directly weakens or eliminates investment

five protections

  1. national treatment
  2. most favored nation
  3. minimum standard of treatment - no investor can be treated in a way that departs from fair trade and equitable treatment under customary international law
  4. Performance requirements
  5. ban on expropriation - bans on direct or de facto takings - unless public purpose, non-disc basis, due process, compensation
38
Q

GATT Art 20 - tariff/nontariff

A

same as NAFTA ch 9

tariff in question has to not constitute arbitrary/unjustifiable discrimination and cannot be a disguised restriction on international trade

39
Q

Environmental Side Agreement to NAFTA

A

does not say what the substantive law should look like, just that existing domestic law should be enforced

40
Q

Environmental Side Agreement to NAFTA

Art 14 - procedural trigger measure

A

Any member of the public can file a submission to the NAFTA secretariat that a governmental agency in US, Canada, or Mexico is failing to enforce its domestic environmental law

41
Q

Environmental Side agreement to NAFTA

Art 15 - factual record

A

Permits if NAFTA secretariat believes that the submission warrants the development of a factual record, the secretariat can make that factual record publicly available. It can do so upon a 2/3 vote

42
Q

Environmental side agreement to NAFTA Art 45 - persistent pattern, effectively enforced

A

Persistent pattern: sustained or recurring action or inaction that begins after entry of force to the side agreement

Effectively enforced: not enforcing the law that is on the books. There is an exception when a state can show that its decision not to effectively enforce a specific environmental law is made because of good faith budgetary choices or good faith investigatory discretion.

43
Q

Environmental Side agreement to NAFTA Art 22

A

consultation requirement

44
Q

Environmental Side Agreement to NAFTA art 33 - arbitral panel

A
  1. Issue initial report
  2. State can reply to report
  3. After reply, panel can issue final report
  4. Specific enforcement
45
Q

Environmental side agreement art 34 - noncompliance

A

State agrees what compliance would look like and fails to do it

The state says, “I don’t agree with what you’re saying is compliance.” “I won’t do it”

Remedies - fine, action plan, suspension of benefits under NAFTA

Transnat (8 decks)

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