Exam Two Flashcards
Lets get this bread bang bang skrrrrrt
1
Q
Recognition
A
Being recognized as a state in the international community
2
Q
Declaratory Theory
A
Legalist
Certain components you need to be a state
3
Q
Montevideo Treaty
A
Defined the rights of statehood
4
Q
4 Components of the Montevideo Treaty
A
Population
Territory
Government
Recognition
5
Q
Constitutive Theory
A
Recognition and recognition alone, depends on the community
6
Q
Case of Kosovo
A
ICJ advised opinion in 2010 affirming a state has no right to secede.
Kosovo had all of the requirements to be a state, but did was not recognized.
7
Q
Case of South Sudan
A
In a 2011 referendum, Sudan recognized South Sudan as a state
8
Q
Subjective Jurisdiction and Territory
A
IF an action originated within a state’s territory. If it happened there, there is jurisdiction.
9
Q
Objective Jurisdiction and Territory
A
Action’s effect is in the territory
Less accepted, but primarily when the effect of one action is felt somewhere else.
(Shooting between borders)
10
Q
Territorial Jurisdiction and Waters
A
Ship registry and flag of convenience
11
Q
Principles of State Jurisdiction
A
A state must choose the clearest route of jurisdiction available.
Territory Nationality Passive Personality Protective Universality
12
Q
Nationality and Jurisdiction
A
States have legal authority over their nationals, no matter where they’re located.
13
Q
Citizenship (Natl) and Jurisdiction
A
Citizenship confers the rights
Boris Johnson & States
14
Q
Passive Personality Principle
A
A state has jurisdiction over those who harm their nationals outside of the state’s territory
15
Q
Jurisdiciton Hierarchy
A
Territory takes priority typically.
16
Q
Protective Principle
A
Not about the person, but about the action
The state that is threatened has jurisdiction over the action.
17
Q
Universality
A
A state may have jurisdiction over crimes that are against all people
18
Q
What qualifies for universality
A
Genocide, torture, etc.
Jus cogens violations
19
Q
Formal IGO
A
Formal membership rules, permanency, bureaucracy
20
Q
Informal IGO
A
Less delegation and less bureaucracy
Ad hoc meetings
21
Q
Intergovernmental / Supranational
A
IGO continuum that has different organizations run in different directions
22
Q
Supranational Organization
A
Have more agency over what they do
Have les member restriction
23
Q
Consensus Decisions are..
A
Intergovernmental
24
Q
Majority Decisions are…
A
Supranational
25
IGO Legal Personality
Are publically recognized to have a legal personality similar to that of a state, but are not EQUAL to a state
26
United Nations
Organization and a system of organizations
27
Five Main Organizations of the UN
```
General Assembly
Secretariat
Security Council
ICJ
ECOSOC
```
28
UN and Legal Personality
UN acts as a legal personality itself and has immunities to allow them to do what they do .
29
Balfour, Guthrie & Co. v. USA 1950
ICJ won't hear cases from anyone BUT nation states.
| Moldy Milk
30
ICJ and Legal Personality
Created by the UN in 1945, came into force in 1946
| UN can sue those for damages, as a principle of implied powers
31
EU and Supranationalism
Created through intl law and built out of treaties
32
EU + Coal and Steel
Evolved through EU developments
33
Treaty of Rome in 1958
Expandd cooperation to economics and created ECO/SOC
34
Maastricht Treaty
Cooperation on political unity
Shared passport
Monetary Union
35
Lisbon Treaty
Created EU
| Consolidated EU Legal Personality
36
Flamino Costa v. ENEL 1964
Refused to pay electric bill bc of the nationalism.
Stated that the nationalizing of electricity was a violation of the Treaty of Rome
EU said it was OK to use EU law in court.
If there were conflict, EU always wins.
37
Diplomatic Immunity
All workers have immunity if they work for international law. This includes justices, diplomats, representatives, etc.
38
Functional Necessity
Immunity is necessary to perform state function without fear of persecution
Free communication
39
Personal Immunity
Rooted in office, meant for heads of state.
| Limited to office holders while they hold office
40
Functional Immunity
Can be anyone
| Covers all state officials, determined by the nature of acts rather than office
41
Vienna Convention on Diplomatic Relations
Diplomats may not be searched / arrested
Diplomats may be expelled
Immunity can be waived for crimes
42
Immunity Spectrum
Absolute to restricted immunity
| Separated activities of the state into essential and nonessential
43
Germany v. Italy (ICJ) 2012
Italy awarded victims of German acts during WWII
Claims that violated Germany's immunity of jus cogens
Agreed that states have a fundamental right to sovereign immunity
44
JASTA
Justice Against Sponsors of Terrorism Act
Violates sovereign immunity
Class action lawsuit filed against Saudi Arabia in 2017
45
Head of State Immunity
Granted 100% immunity of intl. law, but has been challenged
46
Pinochet, 2000
Sought for arrest by Spain for crimes against humanity
Traveled to UK and was arrested by UK
Torture does not qualify for immunity, and was sent back due to immunity
47
Congo v. Belgium
Passed univ. jurisdiciton law
| Floodgate of people pursuing genocide cases in Belgian courts.
48
Diplomatic Immunity
No consensus on how to get immunity, but states decide
49
IOIA
International Organizations Immunity Act
Passed by US, IOs and staff persons the same way services organizations do
50
UN Immunity
UN Charter Article 105 says that states shall enjoy privileges and immunities that are necessary
51
Mothers of Srebrenica
8k civilians were killed
Dutch Peacekeepers overrun the protection zone
All 300 that didnt get away were murdered
52
Law of Responsibility
Legal rules of when an actor is responsible
53
Erga Omnes
All states have a responsibility to stop genocide and other jus cogens violations
54
MINUSTAH + Cholera Outbreak
Peacekeepers from Nepal carried cholera when they helped post-EQ Haiti. Cholera got into the water system and spread like wild fire.
New York NGO filed a lawsuit and sued the UN for negligence.
55
NGO
Non-governmental organization
| Association of individuals working for a purpose
56
NGO Qualities
Non profit
Non criminal
Non affiliated
57
INGO
Global Political Actor
58
Relief Work and Development Work
Field work like well digging and school building
59
Advocacy
Pressure and persuasion
| Promotes policy
60
NGO Participation
UN Charter Article 71
| NGOs can be consultants to ECOSOC
61
Aarhus Convention of 1998
Right to information, direct participation in decision making and access to justice affairs
62
Ottawa Convention
Convention on the Prohibition of the Use, Production, Transfer, and Stockpiling of AntiPersonnel Landmines and on their Destruction
63
International Committee of the Red Cross
```
Monitor behavior
Being a catalyst
Promote the law
Guardian Angel
Direct ACtion
```
64
Amica curia
Friendly opinion to lean and coerce opinion
65
NGOs and Enforcement
Monitors behavior
| Sea Shepard
66
Human Rights and Law
Applicable during armed conflict
| Limits the effects of conflict for humanitarian reasons
67
International Human Rights Law
Cultural Rights
Times of Peace
Covers domestic politics and the way governments treat their people since sovereignty acts as a super thick border
68
Why are human rights international issues?
If the rules are defined as international, then it is IS internatinaion
It can violate jus cogens and be considered intl. law.
69
Negative Human Rights
Rights that people should not stop you from doing. Governments provide these. They're easy to identify when broken, because governments are doing things wrong then.
70
Examples of Negative Human Rights
```
Bodily autonomy
Voting
Love
Security
Speech
Fair Trial
Religion
```
71
Positive Human Rights
Broadly economic social rights, but if you don't have them, you'll suffer for it
72
Group Human Rights
Same thinking of self determination
| Right to be free from genocide, speak your own language, a right to democracy, an environment that won't kill you
73
UDHR
Universal Declaration of Human Rights
| Split in Two (ICCPR + ICEPSCR)
74
ICCPR
International Covenant on Civil and Political Rights
| Holds 2 main protocols
75
ICCPR Protocol 1
Human Rights Committee
76
ICCPR Protocol 2
Death Penalty
77
ICESR
International Covenant on ECOSOC and Culture Rights
78
ICCPR + ICESR = ?
Universal Bill of Rights
79
Multilateral Treaties and UBR
```
CERD
CEDAW
CAT
CRC
ICMW
```
80
Define responsibility
Blame, or when a state is identifiable as the cause of some damage or violation.
81
Accountability
Someone to explain and justify
82
Liability
Financial obligation for damages
83
General Principle of Law and Responsibility
Subjects of intl. law can be held responsible for their behavior. Breach of obligation requires reparation.
84
Chorzow Factory Case of 1928
Proves that states can be liable for their actions of obligation.
Germany and Poland made an agreement to build a factory on Polish territory, and Germany was responsible to repay Poland.
85
Intentionally wrongful act
Specifically talking about a wrongful act.
86
Attribution (general)
If an act can be attributed to a nation-state
87
How is attribution determined?
"Conduct of a persons or group of persons is attributable to a state if acting on the instructions, under the direction, or under the control of the state.
88
Tehran Hostage Case 1980
Post Iranian Revolution
Student take over of embassy.
Iran can be blamed for the hostages they have failed their responsibility to protect the embassy.
89
Nicaragua Case (of responsibility) 1984
Acts are attributable only when the state is in effective control.
90
Effective Control
Less than strict control, but under the influence of controlling forces
91
Tadic 1999
International Criminal Tribunal of Yugoslavia found the "control" of the area gave the government responsibility over irregular troops.
There was control of the actors in the territory that lead to genocide.
92
Genocide Case of 2007
ICJ said that the ICTY was too loose with their definition of responsibility.
93
Force majeure
Being incapable of performing obligations
Literally no longer possible to complete
Treaty on river resources when a river runs dry.
94
Distress
It is impossible to perform it because it were done, it would cause harm to everyone else.
95
Necessity
Needed to protect a vital interest.
Hungary + Slovakia had a treaty about a dam over a river and many years later, Hungary claimed necessity for not following obligation.
96
Restitution
Returning a situation to the way it was before
97
Compensation
Remuneration to some level accepted by parties
98
Satisfaction
Acceptance of responsibility without material compensation
99
Nature of International Law
Some intl law acts like public law over contract law. Any and all states can be plaintiffs or defendants.
100
Barcelona Traction Case of 1970
First recognition of Erga Omnes obligations
Some things are the responsibility to the whole and some are not.
Contract between Canada and Spain with Belgian shareholders.
101
Why can't Belgium seek damages?
Binding obligation between Canada and Spain. Seeking damages for business practices was not a universal obligation.
102
Intl. Court Compliance
Coordination
Cooperation
Consequences
Managerial Behavior
103
Arbitration vs. Adjudication
Settled by ad hoc panels, mainly for the purpose
| Neutral decision makers decide who is right
104
Examples of policy passed with Arbitration
Jay Treaty 1794
Alabama Claims 1872
Permanent Court of Arbitration 1899
105
Adjudication
Settled by permanently available courts
| PCIJ and ICJ
106
Global General
Can accept a multitude of cases
107
Global Specific
Specific subject that affects the world
Law of Sea tribunal
International Criminal Courts
108
Regional Courts
ECJ
| ECHR
109
Peace Palace
Holds PCA and ICJ
| Holds contentious cases and advisory opinions
110
Contentious case
When one state brings charges against another
111
Advisory opinion
Questions about INTL law can be examined or not
112
Non-compulsory Jurisdiciton
You're given the choice
Must be party to ICJ statute
Must be given consent to the jurisdiction
113
Article 32(6)
Gives ICJ jurisdiction over everything
114
Agreement / Compromis
Agreeing to refer the case to the ICJ
| Mutual decision between two state bodies.
115
Forum Prorogatum
Only if you challenge jurisdiciton and you just go along with it
