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International Law > Exam One > Flashcards

Exam One Flashcards

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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
Q

S.S. Wimbledon

A

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)

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26
Q

Pacta Sunt Servanda

A

You must follow through with your promise if you agree to a treaty. It must be kept in good faith.

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27
Q

S.S. Lotus

A

What isn’t prohibited is permitted. Strict positivist case.

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28
Q

Five Sources of International Law

A

Law will be evaluated on these five. They coexist.

Treaties
Custom
General Principles
Judicial Decisions
Legal Scholarship
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29
Q

General Principles of Law

A

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.

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30
Q

Judicial Decision

A

Documents and decisions are used for future cases. Do not have relevance in law, for it would violate sovereignty
(No Stare Decisis)

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31
Q

Stare decisis

A

To respect a court’s earlier decisions. Does not apply in the 5 principles of ICJ

32
Q

Opinio Juris

A

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
Q

Paquete Habana

A

Textbook example of identifying customary law.

Opinio Juris and General Practice

34
Q

How do you prove opinio juris?

A

Evidence, court cases, statements,

35
Q

Anglo Norwegian Fisheries Case

A

Treaty law and customary law both require consent since they’re both positivist.

36
Q

Jus Cogens

A

Un-reasonable
Morally imperative
Natural Law. Fundamental human values.

37
Q

Immunity and Jus Cogens

A

Some states believe that immunity does not matter under jus cogens because its so broad.

38
Q

Persistent Objector

A

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
Q

Treaty

A

Legal agreements between actors with legal personality. These actors have rights and responsibilities.

40
Q

Vienna Convention on the Law of Treaties

A

Codified CIL on treaties between states

Clarifies and processes the rules of IL

41
Q

Two foundational principles of VCLT

A

Free Consent

Pacta Sunt Servanda

42
Q

Signature

A

States sign to indicate the acceptance of the negotiated treaty
Signed by the Exec Branch or those in power
Must undergo ratification

43
Q

Ratification

A

Consent to be bound, govt makes a law. US Senate needs 67 votes to ratify a treaty. (UNCLOS, CRC, Landmines)

44
Q

Reservation

A

Not accepting all treaty parts but specifies exceptions that will follow
Increases flexibility
Reservations are stated in the treaty

45
Q

Treaty Interpretation

A

Textual, teleological, historical

46
Q

Textual Treaty Interpretation

A

Factual, relying on a textbook definition.

47
Q

Teleological Treaty Interpretation

A

Goal oriented aspect of a treaty (telegraph vs. telephone)

48
Q

Historical Treaty Interpretation

A

Takes into consideration the historical intent of the actors

49
Q

Multilateral Treaty

A

Treaty meant to be raised through issues in society that benefit a large number of states

50
Q

Negotiation Timeline

A 
Involve years of preparing  (Prepcoms)
Formal negotiation
Adoption with the UN
Open for signature 
Ratified
51
Q

Obligation

A

Level of duty placed on participants and level of expectation

52
Q

Precision

A

Preciseness of the language of the agreement and goals

53
Q

Delegation

A

Level of enforcement mechanisms built into the agreement

54
Q

OPD Spectrum

A

Principles run on a spectrum varying in strength, dictating what kind of law is in place

55
Q

Hard Law

A 
High in OPD
State-centric
Consent based (positivist)
Binding (must follow obligation)
Subject to ICJ court decision
56
Q

Soft Law

A

May be created by substate and non state actors
Political commitment
Sets standards, voluntary in consent

57
Q

Basel Accord

A

Not precisely IL, but sets standards created by banks

Example of soft law and possibility of consequence

58
Q

Executive Agreement

A

Agreements between two countries that is effective when signed by leadership
Classified as hard law, congressional executive

59
Q

Article II Treaties

A

Approved when 2/3rds of executives have signed (Senate)

60
Q

Congressional Executive Agreement

A

Approved when congress approves it

61
Q

Solely Executive Agreements

A

Created my the sole leader. Recognized as binding legal agreements, but have been approved by the SC.

62
Q

History of EAs

A

Begins in Pre WWII

Roosevelt had no power to help Churchill

63
Q

Case-Zablocki Act

A

Requires all EAs to be reported to a foreign affairs council in 60 days time

64
Q

Constitutional Status

A

Exec agreements have the same weight as Article II Treaties

65
Q

Armed Activities on the territory of the Congo

A

First time ICJ explicitly recognized jus cogens,

genocide violates it.

66
Q

UN Charter 103

A

UN law will always take priority over any other organization.

67
Q

EU Law

A

Considered to have supremacy over any conflicting member-state law

68
Q

Self Interest in IL

A

Rules are created to benefit the states, giving benefits to those who cooperate

69
Q

Compliance

A

Behavior will change to follow the dictated behavior.

70
Q

Hard Soft Law and Compliance

A

In theory, hard law should produce more compliance than soft.

71
Q

How do you get more compliance?

A

Enforcement and Punishment

72
Q

Managerial Approach

A

To increase compliance, clarify expectations, and provide resources

73
Q

Implementation

A

Passing a domestic law meant to comply, but doesn’t necessarily change the behavior of the state (Law of decreasing GHG emissions)

74
Q

Effectiveness

A

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
Q

Cooperation and the Free Rider Problem

A

It is a possible best interest to not participate in some laws.

International Law (3 decks)

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