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International Law > Exam Two > Flashcards

Exam Two Flashcards

Lets get this bread bang bang skrrrrrt

1
Q

Recognition

A

Being recognized as a state in the international community

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2
Q

Declaratory Theory

A

Legalist

Certain components you need to be a state

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3
Q

Montevideo Treaty

A

Defined the rights of statehood

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4
Q

4 Components of the Montevideo Treaty

A

Population
Territory
Government
Recognition

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5
Q

Constitutive Theory

A

Recognition and recognition alone, depends on the community

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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.

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7
Q

Case of South Sudan

A

In a 2011 referendum, Sudan recognized South Sudan as a state

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8
Q

Subjective Jurisdiction and Territory

A

IF an action originated within a state’s territory. If it happened there, there is jurisdiction.

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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)

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10
Q

Territorial Jurisdiction and Waters

A

Ship registry and flag of convenience

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11
Q

Principles of State Jurisdiction

A

A state must choose the clearest route of jurisdiction available.

Territory
Nationality
Passive Personality
Protective
Universality
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12
Q

Nationality and Jurisdiction

A

States have legal authority over their nationals, no matter where they’re located.

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13
Q

Citizenship (Natl) and Jurisdiction

A

Citizenship confers the rights

Boris Johnson & States

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14
Q

Passive Personality Principle

A

A state has jurisdiction over those who harm their nationals outside of the state’s territory

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15
Q

Jurisdiciton Hierarchy

A

Territory takes priority typically.

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16
Q

Protective Principle

A

Not about the person, but about the action

The state that is threatened has jurisdiction over the action.

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17
Q

Universality

A

A state may have jurisdiction over crimes that are against all people

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18
Q

What qualifies for universality

A

Genocide, torture, etc.

Jus cogens violations

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19
Q

Formal IGO

A

Formal membership rules, permanency, bureaucracy

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20
Q

Informal IGO

A

Less delegation and less bureaucracy

Ad hoc meetings

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21
Q

Intergovernmental / Supranational

A

IGO continuum that has different organizations run in different directions

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22
Q

Supranational Organization

A

Have more agency over what they do

Have les member restriction

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23
Q

Consensus Decisions are..

A

Intergovernmental

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24
Q

Majority Decisions are…

A

Supranational

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25
Q

IGO Legal Personality

A

Are publically recognized to have a legal personality similar to that of a state, but are not EQUAL to a state

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26
Q

United Nations

A

Organization and a system of organizations

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27
Q

Five Main Organizations of the UN

A 
General Assembly
Secretariat
Security Council
ICJ
ECOSOC
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28
Q

UN and Legal Personality

A

UN acts as a legal personality itself and has immunities to allow them to do what they do .

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29
Q

Balfour, Guthrie & Co. v. USA 1950

A

ICJ won’t hear cases from anyone BUT nation states.

Moldy Milk

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30
Q

ICJ and Legal Personality

A

Created by the UN in 1945, came into force in 1946

UN can sue those for damages, as a principle of implied powers

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31
Q

EU and Supranationalism

A

Created through intl law and built out of treaties

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32
Q

EU + Coal and Steel

A

Evolved through EU developments

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33
Q

Treaty of Rome in 1958

A

Expandd cooperation to economics and created ECO/SOC

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34
Q

Maastricht Treaty

A

Cooperation on political unity
Shared passport
Monetary Union

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35
Q

Lisbon Treaty

A

Created EU

Consolidated EU Legal Personality

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36
Q

Flamino Costa v. ENEL 1964

A

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.

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37
Q

Diplomatic Immunity

A

All workers have immunity if they work for international law. This includes justices, diplomats, representatives, etc.

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38
Q

Functional Necessity

A

Immunity is necessary to perform state function without fear of persecution
Free communication

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39
Q

Personal Immunity

A

Rooted in office, meant for heads of state.

Limited to office holders while they hold office

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40
Q

Functional Immunity

A

Can be anyone

Covers all state officials, determined by the nature of acts rather than office

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41
Q

Vienna Convention on Diplomatic Relations

A

Diplomats may not be searched / arrested
Diplomats may be expelled
Immunity can be waived for crimes

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42
Q

Immunity Spectrum

A

Absolute to restricted immunity

Separated activities of the state into essential and nonessential

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43
Q

Germany v. Italy (ICJ) 2012

A

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

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44
Q

JASTA

A

Justice Against Sponsors of Terrorism Act
Violates sovereign immunity
Class action lawsuit filed against Saudi Arabia in 2017

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45
Q

Head of State Immunity

A

Granted 100% immunity of intl. law, but has been challenged

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46
Q

Pinochet, 2000

A

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

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47
Q

Congo v. Belgium

A

Passed univ. jurisdiciton law

Floodgate of people pursuing genocide cases in Belgian courts.

48
Q

Diplomatic Immunity

A

No consensus on how to get immunity, but states decide

49
Q

IOIA

A

International Organizations Immunity Act

Passed by US, IOs and staff persons the same way services organizations do

50
Q

UN Immunity

A

UN Charter Article 105 says that states shall enjoy privileges and immunities that are necessary

51
Q

Mothers of Srebrenica

A

8k civilians were killed
Dutch Peacekeepers overrun the protection zone
All 300 that didnt get away were murdered

52
Q

Law of Responsibility

A

Legal rules of when an actor is responsible

53
Q

Erga Omnes

A

All states have a responsibility to stop genocide and other jus cogens violations

54
Q

MINUSTAH + Cholera Outbreak

A

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
Q

NGO

A

Non-governmental organization

Association of individuals working for a purpose

56
Q

NGO Qualities

A

Non profit
Non criminal
Non affiliated

57
Q

INGO

A

Global Political Actor

58
Q

Relief Work and Development Work

A

Field work like well digging and school building

59
Q

Advocacy

A

Pressure and persuasion

Promotes policy

60
Q

NGO Participation

A

UN Charter Article 71

NGOs can be consultants to ECOSOC

61
Q

Aarhus Convention of 1998

A

Right to information, direct participation in decision making and access to justice affairs

62
Q

Ottawa Convention

A

Convention on the Prohibition of the Use, Production, Transfer, and Stockpiling of AntiPersonnel Landmines and on their Destruction

63
Q

International Committee of the Red Cross

A 
Monitor behavior
Being a catalyst
Promote the law
Guardian Angel 
Direct ACtion
64
Q

Amica curia

A

Friendly opinion to lean and coerce opinion

65
Q

NGOs and Enforcement

A

Monitors behavior

Sea Shepard

66
Q

Human Rights and Law

A

Applicable during armed conflict

Limits the effects of conflict for humanitarian reasons

67
Q

International Human Rights Law

A

Cultural Rights
Times of Peace
Covers domestic politics and the way governments treat their people since sovereignty acts as a super thick border

68
Q

Why are human rights international issues?

A

If the rules are defined as international, then it is IS internatinaion
It can violate jus cogens and be considered intl. law.

69
Q

Negative Human Rights

A

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
Q

Examples of Negative Human Rights

A 
Bodily autonomy
Voting
Love
Security
Speech
Fair Trial
Religion
71
Q

Positive Human Rights

A

Broadly economic social rights, but if you don’t have them, you’ll suffer for it

72
Q

Group Human Rights

A

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
Q

UDHR

A

Universal Declaration of Human Rights

Split in Two (ICCPR + ICEPSCR)

74
Q

ICCPR

A

International Covenant on Civil and Political Rights

Holds 2 main protocols

75
Q

ICCPR Protocol 1

A

Human Rights Committee

76
Q

ICCPR Protocol 2

A

Death Penalty

77
Q

ICESR

A

International Covenant on ECOSOC and Culture Rights

78
Q

ICCPR + ICESR = ?

A

Universal Bill of Rights

79
Q

Multilateral Treaties and UBR

A 
CERD
CEDAW
CAT
CRC
ICMW
80
Q

Define responsibility

A

Blame, or when a state is identifiable as the cause of some damage or violation.

81
Q

Accountability

A

Someone to explain and justify

82
Q

Liability

A

Financial obligation for damages

83
Q

General Principle of Law and Responsibility

A

Subjects of intl. law can be held responsible for their behavior. Breach of obligation requires reparation.

84
Q

Chorzow Factory Case of 1928

A

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
Q

Intentionally wrongful act

A

Specifically talking about a wrongful act.

86
Q

Attribution (general)

A

If an act can be attributed to a nation-state

87
Q

How is attribution determined?

A

“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
Q

Tehran Hostage Case 1980

A

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
Q

Nicaragua Case (of responsibility) 1984

A

Acts are attributable only when the state is in effective control.

90
Q

Effective Control

A

Less than strict control, but under the influence of controlling forces

91
Q

Tadic 1999

A

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
Q

Genocide Case of 2007

A

ICJ said that the ICTY was too loose with their definition of responsibility.

93
Q

Force majeure

A

Being incapable of performing obligations
Literally no longer possible to complete
Treaty on river resources when a river runs dry.

94
Q

Distress

A

It is impossible to perform it because it were done, it would cause harm to everyone else.

95
Q

Necessity

A

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
Q

Restitution

A

Returning a situation to the way it was before

97
Q

Compensation

A

Remuneration to some level accepted by parties

98
Q

Satisfaction

A

Acceptance of responsibility without material compensation

99
Q

Nature of International Law

A

Some intl law acts like public law over contract law. Any and all states can be plaintiffs or defendants.

100
Q

Barcelona Traction Case of 1970

A

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
Q

Why can’t Belgium seek damages?

A

Binding obligation between Canada and Spain. Seeking damages for business practices was not a universal obligation.

102
Q

Intl. Court Compliance

A

Coordination
Cooperation
Consequences
Managerial Behavior

103
Q

Arbitration vs. Adjudication

A

Settled by ad hoc panels, mainly for the purpose

Neutral decision makers decide who is right

104
Q

Examples of policy passed with Arbitration

A

Jay Treaty 1794
Alabama Claims 1872
Permanent Court of Arbitration 1899

105
Q

Adjudication

A

Settled by permanently available courts

PCIJ and ICJ

106
Q

Global General

A

Can accept a multitude of cases

107
Q

Global Specific

A

Specific subject that affects the world
Law of Sea tribunal
International Criminal Courts

108
Q

Regional Courts

A

ECJ

ECHR

109
Q

Peace Palace

A

Holds PCA and ICJ

Holds contentious cases and advisory opinions

110
Q

Contentious case

A

When one state brings charges against another

111
Q

Advisory opinion

A

Questions about INTL law can be examined or not

112
Q

Non-compulsory Jurisdiciton

A

You’re given the choice
Must be party to ICJ statute
Must be given consent to the jurisdiction

113
Q

Article 32(6)

A

Gives ICJ jurisdiction over everything

114
Q

Agreement / Compromis

A

Agreeing to refer the case to the ICJ

Mutual decision between two state bodies.

115
Q

Forum Prorogatum

A

Only if you challenge jurisdiciton and you just go along with it

International Law (3 decks)

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