Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

international law > exam pls let me pass > Flashcards

exam pls let me pass Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What is international law?

A

A collection of legal norms, rules, and principles defining the rights and obligations of international actors and regulating their conduct and relations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who are the members of the international community?

A

States, International Organizations, Nations without States, Individuals, and Legal Persons.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who are the primary subjects of international law?

A

States; they created international law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Can you name some international organizations that are members of the international community?

A

United Nations, World Health Organization.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are examples of nations without states?

A

Palestinians, Kurds.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Since when have individuals been considered subjects under international law?

A

since the interwar period, especially in human rights contexts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When did legal persons like corporations gain rights and obligations under international law?

A

Since the 1990s.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Who is considered a key figure in the development of modern international law?

A

Hugo Grotius.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does the classical theory of international law rely on?

A

Natural law and the practices of states.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does modern international law focus on?

A

Treaties, customary laws, and principles developed post-World War II.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does the Latin maxim “ubi societas ibi ius” mean?

A

Where there is society, there is law.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Is there a hierarchy of legal norms in international law?

A

No, except for jus cogens norms which are universally binding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Does international law have a centralized enforcement mechanism?

A

No, unlike national legal systems.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

How is international law primarily adopted?

A

Through international treaties and conventions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Are states bound by international law if they do not consent to it?

A

No, states are usually bound by treaty ratification, except for customary international law and jus cogens norms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are jus cogens norms?

A

The most crucial laws serving as a basis for all other provisions, universally binding and cannot be altered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What constitutes an international crime?

A

Violation of jus cogens norms.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are some main principles of jus cogens norms?

A

Prohibition of force, self-determination of nations, prohibition of apartheid, torture, genocide, war crimes, or crimes against humanity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Why do states obey international law?

A

human rights, threat of sanctions, and benefits for their interests.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What motivates states to create and adhere to international law?

A

To protect and promote their interests, mutual benefit, and reciprocity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How do common interests and negative consequences support international law

A

For the common good like peace and security, and the threat of sanctions for non-compliance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are international sanctions?

A

A threatened penalty for disobeying a law or rule.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Who can be targeted by international sanctions?

A

States, non-state entities, and individuals.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Are sanctions legal under international law?

A

Yes, both individually and collectively.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Which UN organ imposes sanctions?

A

The Security Council, requiring 9 votes without a veto from permanent members.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are unorganized sanctions?

A

Spontaneous, customary rules like boycotts decided by societies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are organized sanctions?

A

Written in treaties, including diplomatic, economic, embargoes, and military sanctions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are smart/intelligent sanctions?

A

Targeting elites rather than the general population, such as travel bans and freezing assets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the conditions for international responsibility?

A

Legal obligation, violation, and effect (material or moral damage).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are the types of violations in international law?

A

International crimes (like genocide) and international delicts (lesser breaches).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the types of responsibilities?

A

Direct, indirect, and qualified.

32
Q

What are circumstances precluding wrongfulness?

A

Consent, self-defense, major force, state of necessity.

33
Q

What are the consequences of violations?

A

Material responsibility (restitution, compensation) and moral responsibility (recognition and remedy).

34
Q

Is there a clear legal norm that classifies sources of international law?

A

No, there is no explicit classification.

35
Q

What does Article 38 of the ICJ Statute outline?

A

Sources applied by the ICJ: international conventions, custom, general principles of law, subsidiary means (judicial decisions and expert teachings).

36
Q

What is international custom?

A

Accepted legal practices among states.

37
Q

What are the elements of international custom?

A

Practice (general, coherent, regular), opinio juris (acceptance as obligatory), time, and geographic element.

38
Q

What is the 1969 Vienna Convention on the Law of Treaties?

A

It defines international agreements between states in written form, governed by international law.

39
Q

What are the components of a treaty according to Article 2.1(a) of the Vienna Convention?

A

Title, preamble, definition of state-parties, general provisions, final provisions (entry into force, authentic texts), date & place of adoption, signatures.

40
Q

What are the steps in the procedure of concluding a treaty?

A

Negotiations, adoption of the final text, signing, ratification/acceptance/accession, registration, internal publication

41
Q

What does Article 102 of the UN Charter require?

A

Registration of every treaty and international agreement with the UN Secretariat and its publication.

42
Q

What is required for a nation without a state to be considered a subject of international law?

A

A Representative Organ. Such entities are considered states in statu nascendi and should be treated as subjects of international law.

43
Q

What political reason often prevents nations without states from being recognized as subjects of international law?

A

the need to protect territorial integrity and the conflict between self-determination and state sovereignty.

44
Q

What significant event took place on 29.11.2012 regarding the State of Palestine?

A

The UN General Assembly granted Palestine the status of a “non-member observer state.”

45
Q

How is the Holy See distinct from the State of Vatican City in international law?

A

The Holy See engages in diplomatic relations, holds observer status in international organizations, and can enter treaties. The State of Vatican City has defined territory, citizens, participates in international organizations, and can enter treaties.

46
Q

What rights do individuals have under International Human Rights Law and International Criminal Law?

A

Under International Human Rights Law, individuals have rights and can bring international claims. Under International Criminal Law, individuals can be held responsible for international crimes.

47
Q

Define “Res Communis” in the context of international territory.

A

Areas not owned by any state but accessible to all states, such as international rivers, canals, straits, the high seas, Antarctica, and outer space.

48
Q

What are the components of state territory and their legal aspects?

A

Land (defined boundaries), airspace (Chicago Convention on International Civil Aviation, 1944), and maritime areas (UN Convention on the Law of the Sea).

49
Q

Explain the “Good Neighborliness” principle with an example.

A

States must ensure activities within their jurisdiction do not harm other states. Example: The Trail Smelter case (1938, 1941).

50
Q

What are the obligations and examples of demilitarization?

A

Obligations: What are the obligations associated with demilitarization?
A: They include dismantling military fortifications, prohibiting future construction, and banning armed forces and military maneuvers.
Examples: Provide examples illustrating demilitarization efforts.
A: The Åland Islands demilitarized in 1856, prohibiting military presence and activities to maintain regional peace and security.

51
Q

Describe the “Exclusive Economic Zone (EEZ)” under the Montego Bay Convention.

A

Extends up to 200 nautical miles from baselines, where the coastal state has exclusive rights to explore, exploit, manage natural resources, and conduct scientific research.

52
Q

What are the rights and obligations of maritime vessels under international law?

A

Ships must fly the flag of their registering state, comply with its laws, and are subject to its jurisdiction.

53
Q

What are the key treaties and conventions regulating Antarctica?

A

The Antarctic Treaty of 1959, which designates Antarctica as res communis for peaceful purposes and scientific investigation, and the Convention on the Conservation of Antarctic Marine Living Resources (1980).

54
Q

Summarize the Outer Space Treaty of 1967.

A

It governs activities in outer space, ensuring peaceful use, prohibiting national appropriation, and banning weapons of mass destruction in outer space.

55
Q

What are the main statuses of individuals under international law?

A

Citizens, stateless persons, refugees, asylum seekers, extradited persons, and persons accused of international crimes.

56
Q

What is the principle behind diplomatic and territorial asylum?

A

Diplomatic asylum is when a foreign national seeks protection in a foreign embassy, while territorial asylum is protection within the granting state’s territory.

57
Q

What conditions must be met for extradition under international law?

A

The crime must be punishable by at least 3 years of imprisonment, and there must be a mutual agreement or regional convention between the states involved.

58
Q

What is the role of the International Criminal Court (ICC)?

A

It has permanent complementary jurisdiction established by the Rome Statute of 1998 to prosecute war crimes, crimes against humanity, genocide, and aggression.

59
Q

What are the general principles and basis for the peaceful settlement of international disputes?

A

States are obligated to settle disputes by peaceful means as mandated by the UN Charter to ensure international peace and security and uphold international law.

60
Q

What are the characteristics and processes of international arbitration?

A

Dispute resolution by chosen arbitrators with procedural flexibility and the possibility for parties to agree on legal bases for decisions, with historical roots in treaties like the Jay Treaty (1794) and the Treaty of Washington (1871).

61
Q

What are the components of state territory as defined by international law?

A

Land, airspace, and maritime areas, including internal waters, territorial sea, and exclusive economic zone.

62
Q

What is the “Right of Hot Pursuit” under the Montego Bay Convention?

A

Coastal states may pursue and arrest ships violating their laws if the pursuit began within their internal waters, archipelagic waters, territorial sea, or contiguous zone.

63
Q

What are the principles of neutrality and neutralization in international law?

A

Neutrality means military activities are forbidden in certain territories, and such areas cannot be used as military bases. Neutralized territories have similar restrictions.

64
Q

What is the significance of the Sectors Theory in the Arctic and Antarctic regions?

A

It was the basis for territorial sovereignty claims over these regions, though widely opposed and replaced by international treaties like the Antarctic Treaty of 1959.

65
Q

Describe the main treaties regulating the conservation of marine living resources in Antarctica.

A

The Convention on the Conservation of Antarctic Marine Living Resources (1980), which aims to protect and preserve the marine ecosystem of the Antarctic region.

66
Q

What is the legal status of outer space according to the Outer Space Treaty of 1967?

A

Outer space is considered res communis, an international territory for the benefit of all humanity, not subject to national appropriation.

67
Q

What are the legal statuses of individuals recognized in international law?

A

Citizens, stateless persons, refugees, asylum seekers, extradited persons, and persons accused of international crimes.

68
Q

What are the requirements and issues related to dual/multiple citizenships?

A

Problems include conflicts with military service obligations, legal recognition, and embassy assistance in emergencies.

69
Q

What are the conditions for granting political asylum under the UN Convention on the Status of Refugees, 1951?

A

A person must have a well-founded fear of persecution based on race, religion, nationality, membership in a social group, or political opinion, and be outside their country of nationality.

70
Q

What is the difference between diplomatic and territorial asylum?

A

Diplomatic asylum is sought within foreign embassies, whereas territorial asylum is protection granted within the state’s territory.

71
Q

What is extradition, and what conditions must be met?

A

Extradition is returning someone for trial to another country where they are accused of a crime. It requires a mutual agreement or regional convention between the states involved and no international law obligation to extradite.

72
Q

What are the key responsibilities for international crimes?

A

Individuals can be held responsible for war crimes, crimes against humanity, genocide, and aggression.

73
Q

What is the legal obligation of states in settling international disputes?

A

States are obligated to settle disputes by peaceful means to maintain international peace and security, as mandated by the UN Charter.

74
Q

What are the means of peaceful settlement of international disputes?

A

Diplomatic means include mediation, good offices, committees of inquiry, and conciliation. Legal means include arbitration and adjudication by the International Court of Justice.

75
Q

What are the roles of the International Court of Justice in settling disputes?

A

The ICJ resolves disputes between states with no compulsory jurisdiction, requiring state consent. Decisions are binding under Article 94 of the UN Charter, with enforcement by the UN Security Council if necessary.

76
Q

Ways States Can Legally Obtain Territory

A

Cession: What is cession as a method of acquiring territory?

A: It’s when one state transfers territory to another through a formal agreement, often by treaty.
Occupation: How can states legally acquire territory through occupation?

A: By effectively controlling and administering uninhabited or terra nullius areas.
Accretion: What does accretion refer to in terms of acquiring territory?

A: It’s the gradual addition of land to a state’s territory through natural processes like sediment deposition.
Prescription: How can states acquire territory through prescription?

A: By demonstrating continuous and uncontested use over a long period, similar to adverse possession in domestic law.
Conquest: What historically was conquest as a means of acquiring territory?

A: It involved acquiring territory through military force, though its legality under international law is now restricted.

international law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions