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Exam One Flashcards

Don't fail

1
Q

Norm

A

Embedded in society
Happen without notice
Community dependent

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2
Q

Rules

A

Create limitations
Have enforcement from an outside party
Can control / prescribe behavior.

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3
Q

Law

A

Origin is different
Enforcer is different
Comes from a position of power

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4
Q

Why are laws better than norms?

A

More clarity
Enforced from anther party
Reason over passion

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5
Q

Codify

A

Turn a customary law into a treaty

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6
Q

Domestic / Municipal Law

A

Domestic laws of any country

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7
Q

Private International Law

A

Intersection of municipal law. Typically with the involvement of an individual or company (America + China)

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8
Q

Public International Law

A

Regulates relationships between states

“Almost all states observe almost all international law, almost all the time”

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9
Q

Natural Law

A

Reflection of universal principles. Found in nature, based off of how a human would act.

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10
Q

Importance of the Middle Ages

A

Authority of the organized church

Merchant / Maritime Law developed as people traveled, and there was a demand for IL.

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11
Q

Treaty of Westphalia

A

Established nation-state territories, ended the 30 years war, but most importantly, established sovereignty
(Very Euro-centric)

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12
Q

Concert of Europe

A

Club of great European powers

Informally had a series of meetings where they debated instead of fought

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13
Q

Hugo Grotius

A

INCLOS

Created the bridge between positivism and naturalist law.

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14
Q

Hague Conventions

A

One of the first major multilateral treaties having to do with international child abduction

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15
Q

International Committee of the Red Cross

A

Sets the limits and healing of war

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16
Q

League of Nations

A

Came after Versailles treaty, failed
Liberal ideology (order)
To create a collective security organization
Failed after US did not join

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17
Q

PCIJ

A

???

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18
Q

UN Charter’s Key Principles

A

Sovereign equality
Address international problems
Primarily peace and security
Refrain from threat or force

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19
Q

World Bank + Marshall Plan

A

System to establish monetary funds for multiple countries

Marshall Plan $$ goes through the world bank.

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20
Q

Impactive Power

A

The ability to influence others with your decision / decision making process

A side effect of relative power.

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21
Q

Realism

A

Every interaction is a zero sum game where there can only be one winner.
Law reflects the interests
of those in power.
Epiphenomenal (only happens on the surface)

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22
Q

Liberal Institutionism

A

Multilateralism, cooperation, and decreased conflict

Promote the power of peace

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23
Q

Constructivism

A

Practices are based off of social and state norms / rules

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24
Q

Modern Natural Law

A

Positivist, requires consent
Combination of opinio juris and jus cogens
M. IL highlighted through Wimbledon and Lotus.

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25
S.S. Wimbledon
First PCIJ Case Highlighted the importance of consent based system Once you use your sovereignty to choose what you do about a treaty, you must follow through (Pacta Sunt Servanda)
26
Pacta Sunt Servanda
You must follow through with your promise if you agree to a treaty. It must be kept in good faith.
27
S.S. Lotus
What isn't prohibited is permitted. Strict positivist case.
28
Five Sources of International Law
Law will be evaluated on these five. They coexist. ``` Treaties Custom General Principles Judicial Decisions Legal Scholarship ```
29
General Principles of Law
Make the legal systems possible. Applicable in a broad sense. Shared amongst parties. If there is no intl. law, and there is an existing contract / relationship, it is considered.
30
Judicial Decision
Documents and decisions are used for future cases. Do not have relevance in law, for it would violate sovereignty (No Stare Decisis)
31
Stare decisis
To respect a court's earlier decisions. Does not apply in the 5 principles of ICJ
32
Opinio Juris
Practice accompanied by a legal obligation among all actors. Law guides behavior. Lex ferenda (what law should be) States are bound by the rule and have adjusted accordingly.
33
Paquete Habana
Textbook example of identifying customary law. Opinio Juris and General Practice
34
How do you prove opinio juris?
Evidence, court cases, statements,
35
Anglo Norwegian Fisheries Case
Treaty law and customary law both require consent since they're both positivist.
36
Jus Cogens
Un-reasonable Morally imperative Natural Law. Fundamental human values.
37
Immunity and Jus Cogens
Some states believe that immunity does not matter under jus cogens because its so broad.
38
Persistent Objector
If you do not consent to a customary law, you need to persistently object. If you do not consent, you will be treated as if you do (Fisheries verdict, where UK accepted the Norwegian practice by not objecting)
39
Treaty
Legal agreements between actors with legal personality. These actors have rights and responsibilities.
40
Vienna Convention on the Law of Treaties
Codified CIL on treaties between states | Clarifies and processes the rules of IL
41
Two foundational principles of VCLT
Free Consent | Pacta Sunt Servanda
42
Signature
States sign to indicate the acceptance of the negotiated treaty Signed by the Exec Branch or those in power Must undergo ratification
43
Ratification
Consent to be bound, govt makes a law. US Senate needs 67 votes to ratify a treaty. (UNCLOS, CRC, Landmines)
44
Reservation
Not accepting all treaty parts but specifies exceptions that will follow Increases flexibility Reservations are stated in the treaty
45
Treaty Interpretation
Textual, teleological, historical
46
Textual Treaty Interpretation
Factual, relying on a textbook definition.
47
Teleological Treaty Interpretation
Goal oriented aspect of a treaty (telegraph vs. telephone)
48
Historical Treaty Interpretation
Takes into consideration the historical intent of the actors
49
Multilateral Treaty
Treaty meant to be raised through issues in society that benefit a large number of states
50
Negotiation Timeline
``` Involve years of preparing (Prepcoms) Formal negotiation Adoption with the UN Open for signature Ratified ```
51
Obligation
Level of duty placed on participants and level of expectation
52
Precision
Preciseness of the language of the agreement and goals
53
Delegation
Level of enforcement mechanisms built into the agreement
54
OPD Spectrum
Principles run on a spectrum varying in strength, dictating what kind of law is in place
55
Hard Law
``` High in OPD State-centric Consent based (positivist) Binding (must follow obligation) Subject to ICJ court decision ```
56
Soft Law
May be created by substate and non state actors Political commitment Sets standards, voluntary in consent
57
Basel Accord
Not precisely IL, but sets standards created by banks | Example of soft law and possibility of consequence
58
Executive Agreement
Agreements between two countries that is effective when signed by leadership Classified as hard law, congressional executive
59
Article II Treaties
Approved when 2/3rds of executives have signed (Senate)
60
Congressional Executive Agreement
Approved when congress approves it
61
Solely Executive Agreements
Created my the sole leader. Recognized as binding legal agreements, but have been approved by the SC.
62
History of EAs
Begins in Pre WWII | Roosevelt had no power to help Churchill
63
Case-Zablocki Act
Requires all EAs to be reported to a foreign affairs council in 60 days time
64
Constitutional Status
Exec agreements have the same weight as Article II Treaties
65
Armed Activities on the territory of the Congo
First time ICJ explicitly recognized jus cogens, | genocide violates it.
66
UN Charter 103
UN law will always take priority over any other organization.
67
EU Law
Considered to have supremacy over any conflicting member-state law
68
Self Interest in IL
Rules are created to benefit the states, giving benefits to those who cooperate
69
Compliance
Behavior will change to follow the dictated behavior.
70
Hard Soft Law and Compliance
In theory, hard law should produce more compliance than soft.
71
How do you get more compliance?
Enforcement and Punishment
72
Managerial Approach
To increase compliance, clarify expectations, and provide resources
73
Implementation
Passing a domestic law meant to comply, but doesn't necessarily change the behavior of the state (Law of decreasing GHG emissions)
74
Effectiveness
Impact on the law's true goal. If the goal is to decrease GHG emissions, the law might encourage the state to employ legislation to do so
75
Cooperation and the Free Rider Problem
It is a possible best interest to not participate in some laws.

International Law (3 decks)

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