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International Law > Exam Three > Flashcards

Exam Three Flashcards

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1
Q

Just War Theory

A

When is it right to go to war?

Limit the frequency of war and restrain conduct.

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2
Q

Criteria for legit force

A 
Threat
Purpose
Last Resort
Proportional Means
Balance of Consequences
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3
Q

Jus ad Bellum

A

Governs when force may be used.

Covers the right to wage war and when war is legit.

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4
Q

Jus in Bello

A

Governs how force can be used and outlines off limits behavior
Covers what is going on IN war in the middle of war.

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5
Q

Positivist Law and Intervention

A

There is no positivist law that allows intervention.

Requires customary practice (OJ)

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6
Q

Genocide Convention

A

1948, defines genocide and deems acts of genocide to be punishable

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7
Q

Definition of genocide

A

Violent acts with intent to destroy a group

Preventing births, transferring children, creating conditions to destroy a group.

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8
Q

Peacekeeping operations

A

No aggressor identified. Not only military operations, also development work, no authorization for force

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9
Q

Caroline Test

A

PIN
Defense must be (P)roportionate to attack
(I)mmediate
(N)ecessary to attack

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10
Q

Humanitarian intervention

A

Human rights based legality for intervention. Right for states to intervene to protect human rights
Not an obligation, but a discretionary right.

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11
Q

Geneva Laws

A

Geneva laws protect people not taking part in active combat.

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12
Q

Hague Laws

A

Banned certain weapons to adhere to the principles of discrimination.

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13
Q

Emmerich de Vattel

A

Questions if wars are just
Non combatants should be spared
forbid the use of poisoned weapons for unnecessary suffering

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14
Q

Lieber Code

A

Code of rules to wage war by

Supported Lincoln in 1863, became accepted by other states

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15
Q

Nuremberg Trials

A

First treaty based on the definition of intl criminal offenses
Creation of Crimes against Humanity

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16
Q

IHL as Criminal Law

A

Security Council established ad hoc criminal tribunals

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17
Q

ICC

A

International Criminal Court

Only signatories to the Rome Statute

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18
Q

ICC Jurisdiction

A 
Genocide
Crimes against humanity
War Crimes
Crimes of aggression
Principle of complimentary
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19
Q

Principle of Complimentary

A

Only has jurisdiction when a state’s legal system is unable to carry out an investigation

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20
Q

Res Communis

A

Territory that is incapable of being owned. It belongs to no one and must remain available for all to use

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21
Q

Law of the Sea

A

Balancing the freedom of seas and state jurisdiction

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22
Q

Sea Resources

A

Limit to coastal territory

high seas are res communis

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23
Q

Principles of the High Seas

A

Freedom of the Seas

Jurisdiction follows flag

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24
Q

ICHS

A

Convention of the High Seas

Established International Sea Bed Authority

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25
Q

ICHS

A

Convention of the High Seas

Established International Sea Bed Authority

26
Q

UNCLOS

A

UN Convention on the Law of the Sea
Provides freedom to
Navigate, fly over, lay cables, fisheries, research, islands
Only for peaceful purposes

27
Q

The Deep Sea Bed

A

Res Communis

Benefits of the sea bed should benefit all, but are managed by the sea bed authority

28
Q

US and UNCLOS

A

We don’t follow UNCLOS.

We don’t have access to the tribunals and what not

29
Q

Space?

A

Whoever owns the soil it is theirs up to heaven and down to hell

30
Q

CCIA

A

Chicago Convention of International Aviation
Rules of airspace and waht not
Military aircraft must have permission to enter.

31
Q

ICAO

A

International Civil Aviation

32
Q

Space Legal History

A

Affirmed as Res Communis
1967 Treaty makes GA Principles binding
Liability Convention

33
Q

International Environmental Law Principles

A

Conservation
Good neighbor
Polluter pays

34
Q

Bering Sea Arbitration

A

Placed universal obligation on protecting resources

35
Q

Trail Smelter Case 1935

A

Good neighbor (preventative measure) and Polluter pays

36
Q

Pulp Mills 2010

A

Hold precautionary principle.

If there’s no proof it’s dangerous, we don’t regulate.

37
Q

Treaties on Endangered Species

A

Convention of Biological Safety
CITES
IRW

38
Q

IRW

A

International Convention for Regulation of Whaling

15 Year moratorium on commercial whaling

39
Q

Australia + New Zealand

A

Initiated proceedings against Japan at ICJ in 2010. Ruled Japan’s whaling to be contrary to intl law.

40
Q

Stockholm Conference 1972

A

Created UNEP + Stockholm Declaration

41
Q

Stockholm Declaration

A

First global statement affirming there is a responsibility to preserve the environment

42
Q

Principle 21

A

Customary law
Sovereign right to exploit
Don’t harm the environment

43
Q

Rio Conference

A

Held a variety of conferences on environmental protection.

44
Q

Rio Declaration (3)

A

Sustainable development
common responsibility
Precautionary principle

45
Q

Agenda 21

A

Non-binding plan for sustainable devleopment, such as the WSSD 2002

46
Q

Montreal Protocol

A

Reducing CFC Emissions

Super success, expected recovery by 2050

47
Q

Kyoto Protocol

A

Legal obligation with objective to lower emissions
Unit - pay system
Mainly failed bc US isn’t party

48
Q

Paris Agreement of 2015

A

Intended to replace Kyoto Protocol.

49
Q

International Trade andn Cooperation

A

Public good, a practice that benefits all like enforcing speeding.

50
Q

GATT

A

General Agreement on Tariffs and Trade

Created out of post war liberal order.

51
Q

GATT decisions

A

Long negotiations, consensus, disputes through boards.

52
Q

WTO

A

World Trade Organization

164 Member state

53
Q

WTO Principles

A

Most Favored Nation

National Treatment

54
Q

Tuna Dolphin Case of 1990

A

Product v. Process Rule

Mexico filed a complaint claiming US fishing regulations violated GATT

55
Q

Sea Turtle Case 1998

A

US Endangered Species Act of 73

Decided against the US because of discriminatory application of the rule.

56
Q

Dualism

A

IL impacts states and their interactions. Domestic actors are only impacted if IL is transposed into domestic legislation.

57
Q

Monism

A

Sees IL and DL as branches of the same tree.
Creates Universal Order
IL should prevail and shape DL
Should be self-executing

58
Q

What makes IL effective?

A

National constitution of legal tradition

Language of treaty

59
Q

Courts of Danzig 1928

A

Tried to use intl agreements to fight for their rights

60
Q

Medellin Case 2008

A

Mexican criminal did not have international right to Vienna Convention. It was therefore not self-executing. Treaty was not binding

61
Q

Operation Opera

A

Israel blew up Iranian reactor. Blew up out of fear of military. UNSC said it wasn’t self-defense.

62
Q

Oil Platforms 2003

A

Destruction of oil platforms was not a PROPORTIONATE response.

International Law (3 decks)

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