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PS 307 > Final > Flashcards

Final Flashcards

1
Q

What deals with the legal basis of global commercial relations?

A

-International Business Law

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2
Q

What are the sources of international business law?

A
  • rulings from international tribunals
  • customs
  • treaties
  • conventions
  • trade agreements
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3
Q

Multinational corporations and enterprises have a limited presence in foreign markets through what?

A
  • licensing intellectual property
  • exporting and importing
  • franchising
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4
Q

The regulation of multinationals is mostly a matter of what?

A

-domestic law

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5
Q

Generally, home states regulate what?

A

-the parent firm

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6
Q

Generally, the host states regulate what?

A

-foreign subsidiaries

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7
Q

Host states may also regulate the parent companies through a legal device called what?

A

-piercing the corporate veil (PCV)

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8
Q

Business that operate internationally face issues of what?

A

-regulations and licensing about imports and exports

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9
Q

Sometimes nations may require a foreign investor to accept a what?

A

-calvo clause

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10
Q

What is a calvo clause?

A

-an agreement that a business operating in a foreign country will not ask its home state to intervene in a dispute with the host state

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11
Q

What objections may states raise to complaints initiated against them?

A
  • lack of standing
  • lack of nationality
  • lack of a genuine link to the sponsoring state
  • failure to exhaust remedies
  • Laches: negligent delay in bringing a claim
  • dirty hands
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12
Q

A state that has harmed an alien may be required to pay what?

A
  • restitution in kind

- compensatory damages

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13
Q

The economic interests of foreign investors may be harmed non-commercial risks, such as what?

A

-social and political upheavals

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14
Q

Non-commercial risks are usually addressed during what between who?

A

-ad hoc negotiations between the foreign investor and a host country

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15
Q

What are sources of insurance?

A
  • private insurers

- governments and intergovernmental agencies

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16
Q

Insurance products include what?

A
  • international property insurance
  • international casualty insurance
  • coverage for overseas employees
  • special coverages (Kidnap, ransom, political, etc.)
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17
Q

To operate globally, large business organizations have modified their structures to do what?

A
  • shares risks

- take advantage of the economies of scale

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18
Q

What is a non-multinational enterprise?

A

-a domestic firm that operates internationally through independent foreign agents

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19
Q

What is a national multinational enterprise?

A

-consists of one firm based in a country that acts as the parent company to operations in other countries through branches and subsidiaries

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20
Q

What is an international multinational enterprise?

A

-it has two or more parent companies in different countries. Possibly because of merges between parents

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21
Q

What are examples of International multinational enterprise?

A

-Unilever, Shell group

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22
Q

Where do the standards for ethical and legal behavior for multinationals come from?

A
  • home governments

- international organizations

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23
Q

Section 1 of the Sherman anti-trust act forbids what?

A

-combinations and conspiracies in restraint of interstate and international trade

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24
Q

Section 2 of the Sherman anti-trust act forbids what?

A

monopolies and attempts to monopolize interstate and international trade

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25
Q

What expands the enforcement provisions of the Sherman Act?

A

-The Clayton Act

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26
Q

What does the Robinson-Patman Act forbid?

A

-price discrimination

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27
Q

To apply US Antitrust laws extraterritorially, it requires what?

A
  • personal jurisdiction

- subject matter jurisdiction

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28
Q

What does Article 81 of the European Community Treaty forbid?

A

competitors entering agreements to prevent, restrain, or distort trade

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29
Q

What does Article 82 of the European Community Treaty forbid?

A

-dominant businesses from taking advantage of their position to the detriment of consumers

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30
Q

Multinationals are also subject to what?

A

-International tort and product liability laws

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31
Q

What is product liability?

A

the liability of a manufacturer for the injuries caused by its defective products

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32
Q

Product liability suits are based on what three theories?

A
  • breach of contract
  • negligence
  • strict liability
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33
Q

The US and Britain apply how many theories of product liability?

A

-all 3

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34
Q

Which theory of product liability does the EU rely mostly on?

A

-strict liability

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35
Q

What refers to business dealings designed to obtain a benefit for a person or firm regardless of the means used?

A

-sharp practices

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36
Q

What means are included in sharp practices?

A

misrepresentation, fraud, bribery

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37
Q

What did the US enact to combat sharp practices?

A

-Foreign Corrupt Practices Act

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38
Q

Host states regulate multinationals by applying their own rules about what?

A

-unfair competition; sharp practices; implied consent; product liability; common enterprise liability; PCV

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39
Q

Compacts that serve as a guide for the transcultural corporate ethic include what?

A
  • UDHR
  • European convention on Human rights
  • The Helsinki Final Act
  • Organization for economic cooperation and development (OECD) guidelines for multinational enterprises
  • international labor office tripartite declaration principles concerning multinational enterprises and social policy
  • The UN code of conduct on Transnational corporations
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40
Q

The Transnational corporations guidelines fall into what five groups?

A
  • employment practices and policies
  • consumer protection
  • environmental protection
  • political payments and involvement
  • Basic Human rights and fundamental freedoms
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41
Q

Multinational corporations should not contravene with what?

A

the manpower policies of host nations

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42
Q

MNCS should respect what?

A
  • the rights of employees to join trade unions and bargain collectively
  • host country laws and policies of consumer protection
  • host country laws and goals regarding the environment
  • rights of all persons
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43
Q

MNCS should not interfere with what?

A

intergovernmental relations

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44
Q

What are free zones?

A

-areas where goods may be imported and exported free from customs and tariffs

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45
Q

Why are free zones established?

A

-to attract investment

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46
Q

Who is involved in a free trade area?

A

-two or more states

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47
Q

What is a free city?

A

-an entire port city that has been opened to international trade

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48
Q

What is a free trade zone?

A

-a free zone located within or near a port city

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49
Q

What is the name of where manufacturing facilities process raw materials or assemble parts imported from abroad and then export the finished product?

A

-Export Processing Zones

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50
Q

What are found at international airports and harbors?

A

-Free retail zones/duty free zones

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51
Q

In France and Germany, every form of business organization must do what?

A

-register with the state

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52
Q

The form of a company takes influences what?

A

-the taxing possibilities

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53
Q

What case set precedents for how the relationship between the parent company and its subsidiaries affect how they are taxed?

A

Reiss and Co. v. Federal Board of Inland Revenue

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54
Q

Under what may a state tax the worldwide income of its nationals?

A

-Nationality principle

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55
Q

Under what may a state tax the worldwide income of persons residing within its territory?

A

-Residency principle

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56
Q

Under what may a state tax the income derived from sources within its territory?

A

-Source principle

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57
Q

What is double taxation?

A

-the payment of taxes on one source of income to two states

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58
Q

The basis of taxation may be defined by what?

A

-tax treaties

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59
Q

The OECD and UN tax treaties base taxation on what?

A

-the residency of persons within the contracting states

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60
Q

What are examples of tax incentives?

A
  • income tax holidays
  • capitol allowance for accelerated depreciation
  • import incentives
  • export incentives
  • tax exemption for expatriate employee
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61
Q

Companies may indulge in tax avoidance/evasion through what?

A
  • tax havens
  • transfer pricing
  • Arm’s length transactions
  • treaty shopping
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62
Q

What is transfer pricing?

A

-charging higher prices in a high tax state in order to have smaller profits

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63
Q

What are Arm’s Length Transactions?

A

-treating affiliate firms as if they are unrelated

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64
Q

How do countries such as the US and Switzerland combat fraud and abuse by international taxpayers?

A

-either ordinances or common law principles of equity

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65
Q

Who has the primary purpose of improving working conditions and living standards of workers in all countries?

A

-International Labor Organization (ILO)

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66
Q

International labor standards are created by what?

A
  • ILO conventions

- ILO recommendations

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67
Q

The member states of the ILO are required to provide what?

A

annual reports to verify compliance with the conventions

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68
Q

What is extradition?

A

A procedure under which a fugitive is lawfully sent to a requesting state

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69
Q

true or false: there is no global extradition treaty

A

true

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70
Q

True or false: there is no duty to surrender an individual to another nation

A

true

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71
Q

Some states may refuse or deny extradition on what?

A

political grounds

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72
Q

Instead of a global extradition treaty, there are what?

A

hundreds of bilateral treaties

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73
Q

What is a covert operations under which even an innocent person may be forcibly transferred to a state?

A

Rendition

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74
Q

A rendered individual is deprived of what?

A

access to a counsel and a hearing

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75
Q

When two states agree to establish diplomatic relations they exchange what?

A

representatives

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76
Q

Exchanged representatives can be named what?

A

-ambassador
minister
-head of mission

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77
Q

Normally, the second ranking official in the diplomatic delegation is called what?

A

charge d’affaires

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78
Q

true or false: no country has diplomatic offices in every country in the world

A

true

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79
Q

The US has how many embassies around the world?

A

140

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80
Q

How many embassies does the US host in Washington DC?

A

130

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81
Q

The process of exchanging diplomats begins with a what?

A

accreditation

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82
Q

true or false: the host country does not have to consent to the diplomat

A

false

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83
Q

When was the Vienna Convention of Diplomatic Relations?

A

1961

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84
Q

Under the Vienna Convention of Diplomatic Relations, a diplomat does what?

A
  • represents the state
  • protects interests of sending state
  • negotiates with the government of the host state
  • promotes friendly relations between the two states
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85
Q

When was the Vienna Convention on Consular Relations?

A

1963

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86
Q

Under the Vienna Convention on Consular Relations, consular officials are not usually what?

A

Diplomatic representatives

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87
Q

What are consular officials technically?

A

official agents of the sending state

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88
Q

Consular officials protect what?

A

The interests of the sending state and its nationals within IL

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89
Q

Consular officials issue what?

A

passports to nationals of the sending state; visas to the persons traveling to the sending state

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90
Q

Consular official promote what?

A

commercial, cultural, and friendly relations

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91
Q

Under what are embassies and consular premises the territorial extensions of the sending state?

A

International Law of Diplomacy

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92
Q

Which article of the Vienna Convention on diplomatic relations states “a diplomatic bag shall not be opened or detained?”

A

27(3)

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93
Q

Diplomatic immunity means what?

A

diplomatic agents are exempt from the operation of domestic law of the host nation

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94
Q

What are the two US laws that grant diplomatic immunity?

A
  • foreign sovereign immunities act

- diplomatic relations act

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95
Q

Under the DRA, persons injured by diplomatic personnel have been denied what?

A

relief under US law

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96
Q

The major IL sources on diplomatic privileges and immunities are what?

A
  • Vienna Convention on Diplomatic Relations (VCDR)

- Vienna Convention on Consular Relations (VCCR)

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97
Q

What provides that the authorities of the host nation may not enter the premises of a diplomatic consulate without permission?

A

Article 31 of the VCCR

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98
Q

Under the convention on the privileges and immunities of the UN, diplomats assigned to the UN and its subsidiaries enjoy what privileges and immunities?

A
  • immunity from personal arrest or detention
  • all papers and documents not to be violated
  • exemption of diplomatic families from immigration restrictions
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99
Q

Who else enjoys diplomatic immunity?

A

international organizations, their agents, officials, and invitees

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100
Q

What is the citation for the International Organization Immunities Act?

A

22 USCA 8288

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101
Q

Crimes under IL may be prosecuted where?

A

national or international courts

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102
Q

In nost cases, a criminal conduct in international law may also be what?

A

a crime under national law

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103
Q

Much of international criminal law is based on what?

A

international humanitarian law

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104
Q

The 4 Geneva conventions on the laws of war authorize any state to do what?

A

try individuals who have allegedly committed grave offenses under the conventions

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105
Q

What did the Tokyo and Nuremberg tribunals prosecute individuals for?

A
  • crimes against peace
  • war crimes
  • crimes against humanity
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106
Q

What articles of the Nuremberg charter provide that an individual charged with a crime cannot avoid responsibility by attributing his criminal conduct to orders from a superior?

A

5-6

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107
Q

Which article of the Geneva convention deals with general breaches?

A

2

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108
Q

Which article of the Geneva convention deals with violations of the laws or customs of war?

A

3

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109
Q

Which article of the Geneva convention deals with genocide?

A

4

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110
Q

Which article of the Geneva convention deals with crimes against humanity?

A

5

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111
Q

when was the ethnic conflict in Rwanda?

A

1994

112
Q

What security council resolution established the ad hoc tribunal for Rwanda?

A

955

113
Q

Where did the security council select as the place for the ad hoc tribunal for Rwanda?

A

Arusha, Tanzania

114
Q

What established the ICC and when?

A

Article 1 of The Rome Statute; 1998

115
Q

Where is the ICC?

A

The Hague

116
Q

Which article of the Rome statute gives the ICC certain powers?

A

5

117
Q

What article of the Rome Statute discusses genocide?

A

6

118
Q

What article of the Rome Statute discusses crimes against humanity?

A

7

119
Q

What article of the Rome Statute discusses war crimes?

A

8

120
Q

When did the US sign the Rome Statute and who signed it?

A

2000; Bill Clinton

121
Q

President Clinton never did what with the Rome Statute?

A

Submit it to the senate for ratification

122
Q

Who passed the American service members protection act?

A

The Bush Administration

123
Q

what was the purpose of the American service members act?

A

shield US troops from potential prosecution from the ICC

124
Q

Who “unsigned” the Rome Statute and when?

A

John Bolton; 2002

125
Q

Who revoked the US visa of the chief prosecutor of the ICC and when?

A

Trump Administration; 2019

126
Q

The law of the sea has been codified by who?

A

The International Law Commission

127
Q

The law of the sea indicates that a coastal state may exercise jurisdiction over what?

A
  • the territotrial sea
  • the continental shelf+ seabed+subsoil
  • The exclusive economic zone
128
Q

What is the territorial sea?

A

a belt of sea that may not exceed 12 nautical miles from the coastal baseline

129
Q

What is the exclusive economic zone?

A

a belt of sea beyond the territorial sea that may not exceed 200 nautical miles from the coastal baseline

130
Q

When was the UN Convention on the Law of the Sea?

A

1982

131
Q

Under the UN Convention on the Law of the Sea, ships of all states enjoy what?

A

the right of innocent passage through the territorial sea

132
Q

In the territorial sea, submarines and other underwater vehicles are required to do what?

A

navigate on the surface and show their flag

133
Q

Who was involved in the Corfu Channel Case?

A

UK v. Albania

134
Q

What was the ruling in the Corfu Channel Case?

A

The ICJ agreed with Britain that it had a right ton send its warships through straights used for international navigation

135
Q

What does article 38 on the UN convention on the law of the sea states what?

A

In straits, all ships and aircrafts enjoy the right of innocent passage

136
Q

What does article 39 of the UN convention on the law of the sea state?

A

it is the duty of these vessels in transit to proceed through the strait without delay and refrain from any threat or use of force against states bordering the strait

137
Q

During transit, foreign ships may not conduct research without authorization from who?

A

the bordering states

138
Q

The right of free passage through canals is regulated by what?

A

treaty

139
Q

The setting up of customs, zones, hovering acts and hot pursuits are regulated by what?

A

law

140
Q

When does hot pursuit cease?

A

when the ship enters the territorial waters of its own or a third country

141
Q

Some states assert a right to create what?

A

air identification zones

142
Q

What did Canada declare in 1970?

A

an “anti-pollution zone”

143
Q

What does the High Seas refer to?

A

all parts of the sea that are not included in the territorial sea or the internal waters of the state

144
Q

The UN convention on the law of the sea supports what?

A

freedom of the high seas

145
Q

Article 87 of the UN convention on the law of the sea states what?

A

The high seas are open to all states, coastal or landlocked

146
Q

Freedom of the high seas includes what?

A
  • freedom of navigation
  • freedom of overflight
  • freedom to lay submarine cables and pipelines
  • freedom of fishing
  • reservation for peaceful purposes
147
Q

What are prohibited activities of the sea under the convention?

A
  • slave transport

- piracy

148
Q

When did the UN General Assembly pass Resolution 2749?

A

1970

149
Q

What did Resolution 2749 declare?

A

the seabed and ocean floor and the resources there are common heritage of mankind

150
Q

How many rivers are shared between 2 or more countries?

A

300

151
Q

Who was involved in the Lake Lanoux case?

A

France v. Spain

152
Q

What was the ruling in the Lake Lanoux case?

A

states do not need the prior agreement of interested states to use hydraulic power of international waterways

153
Q

Who was involved in the Gabcikovo-Nagymaros Project case?

A

Hungary v. Slovakia

154
Q

Who handled the Gabcikovo-Nagymaros Project case and when?

A

ICJ, 1998

155
Q

What was the ruling in the Gabcikovo-Nagymaros Project case?

A

watercourse states shall participate in the use, development, and protection of an international watercourse in an equitable and reasonable manner

156
Q

What is a thalweg?

A

the main channel in a shared water course

157
Q

The median line establishes what?

A

the boundary of a non-navigable watercourse

158
Q

when did the US-Mexico dispute over shifting channels resolve?

A

1963

159
Q

Environmental issues are often handled through what?

A

international agreements and principles of international responsibility

160
Q

Governments enact environmental law mainly to protect what?

A

human health and well being

161
Q

Harm or injury in environmental law requires how many conditions?

A

4

162
Q

Who was involved in the Trail Smelter Case?

A

US v. Canada

163
Q

Who handled the Trail Smelter Case?

A

UN international Arbitration court 1947

164
Q

What was the ruling in the Trail Smelter Case?

A

at all times a state owes a duty to protect other states against harmful acts by individuals from its jurisdiction

165
Q

The US has what 2 major statutes dealing with trans-frontier pollution?

A
  • The Clean Water Act

- The Clean Air Act

166
Q

When was the Chernobyl explosion?

A

1986

167
Q

What is the IAEA?

A

International Atomic Energy Agency

168
Q

After the Chernobyl explosion, the IAEA adopted what 2 conventions?

A
  • the convention on Assistance in case of a nuclear accident or radiological emergency
  • convention on early notification of a nuclear accident
169
Q

Who issued the Legality of the threat or use of nuclear weapons advisory opinions and when?

A

ICJ, 1996

170
Q

What was the ruling in the Legality of the threat or use of nuclear weapons advisory opinions?

A

international environmental laws do not specifically prohibit the use of nuclear weapons

171
Q

When was the Rio Earth Summit?

A

1982

172
Q

What did the Rio Earth Summit recognize?

A

That the environment and development are mutually connected

173
Q

The mutual relationship of development and the environment is based on what principle?

A

the principle of sustainable development

174
Q

What is UNEP?

A

The United Nations Environmental Programme

175
Q

True or false: the US has signed both the Vienna convention on the protection of the ozone layer and the Montreal protocol

A

True

176
Q

When was the Kyoto protocol?

A

1998

177
Q

How many countries agreed to the Kyoto protocol?

A

over 160

178
Q

For industrialized countries, the target reduction rate is what under the Kyoto protocol?

A

5.2% of their emission level in 1990

179
Q

When did the countries who signed the Kyoto protocol have until to drop their emissions?

A

2008-2012

180
Q

True or false: the US signed the Kyoto protocol

A

false

181
Q

What are the two sources of IL that protect endangered species?

A
  • UN convention on Biological Diversity

- Convention on International trade in Endangered Species of Wild Fauna and Flora

182
Q

International movements of hazardous waste are now subject to what?

A

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal

183
Q

How much does the US participate in the Basel Convention?

A

they are a signatory but not a full participant

184
Q

when was the biosafety protocol?

A

2000

185
Q

When did the UN adopt a resolution that any state planning on international direct television broadcasting satellite service should consult with the receiving state?

A

1982

186
Q

The users of Antarctic and Polar regions are based on what?

A
  • Principle of sector control

- Madrid protocol

187
Q

International economic law is dominated by what?

A

international agreements

188
Q

What created the EU and NAFTA?

A

multilateral agreements

189
Q

The first global commercial agreement was what?

A

the General Agreement on Trade and Tariffs (GATT)

190
Q

How many rounds of agreements were negotiated under GATT?

A

8

191
Q

What round created the World Trade Organization?

A

Uruguay round

192
Q

When was the WTO created?

A

January 1, 1995

193
Q

Where is the WTO headquarters?

A

Geneva, Switzerland

194
Q

How many countries make up the WTO members?

A

141

195
Q

The WTO included a ministered conference which meets how often?

A

every 2 years

196
Q

How many councils are in the WTO?

A

4

197
Q

The WTO is the primary international forum for what?

A

managing all trade matters

198
Q

Who handled the issue concerning Japan’s alcoholic beverages?

A

the WTO dispute settlement panel

199
Q

What was the issue concerning Japan’s alcoholic beverages?

A

Whether or not them taxing imported alcohol at a higher rate than Japanese Sochu was a violation GATT article 3

200
Q

Who handled the issue concerning the US import Prohibition of Certain Shrimp and Shrimp Products and when?

A

WTO appellate body in 1998

201
Q

Who sponsored a multinational conference in Bretton Woods, NH and when?

A

US and Britain; 1944

202
Q

What institutions were created after the Bretton Woods meeting?

A
  • International Monetary Fund (IMF)

- International Bank for Reconstruction and Development (world bank)

203
Q

Under the IMF, each member is assigned a what?

A

quota reflecting their relative position in the world’s economy

204
Q

Romano-Germanic civil law derives from where and is laid out in what?

A

Roman and Germanic practices; codes

205
Q

What is the Islamic law system known as?

A

Sharia Law

206
Q

The Anglo-American common law system is the legal system of who?

A

England and its former colonies

207
Q

Anglo-American common law is based on what?

A

court-made rules or precedents

208
Q

Military force in humanitarian intervention must be what?

A

a last resort

209
Q

Who uses Romano-Germanic law?

A

France and Germany

210
Q

When did the Security council authorize the collective use of force?

A
  • Korea (1950)

- Iraq (1991)

211
Q

The enforcement operation against Iraq was called a what?

A

“coalition of the willing”

212
Q

When did the security council authorize action in Somalia?

A

1992

213
Q

When was operation Restore Hope?

A

December 4, 1992

214
Q

How many soldiers did the US send to Somalia?

A

25,000

215
Q

When did the UN promote collective efforts in Haiti?

A

1994

216
Q

When did the UN promote collective efforts in Yugoslavia?

A

1991

217
Q

What is the secret/covert use of violence for a political purpose known as?

A

terrorism

218
Q

When was the Tokyo convention?

A

1963

219
Q

When was the Montreal Convention on Hijacking?

A

1971

220
Q

When was the convention on crimes against diplomats?

A

1973

221
Q

When was the Hague convention on hostage taking?

A

1979

222
Q

When was the convention for the suppression of unlawful acts against the safety of maritime navigation?

A

1988

223
Q

According to the classical or absolute theory of sovereign immunity, a sovereign cannot what?

A

be a respondent in the courts of another sovereign without his consent

224
Q

Sovereign of public acts is known as what?

A

Jure Imperii of a state

225
Q

Private acts of a state is known as what?

A

Jure Gestionis

226
Q

When was the US Foreign Sovereign Immunities Act drafted?

A

1976

227
Q

What section of FISA established a framework for whether or not a US state can exercise jurisdiction over a foreign state?

A

28 USC. Section 1602

228
Q

The most significant FISA exception is what?

A

the commercial exception

229
Q

FISA identifies how many types of waiver for immunity?

A

3

230
Q

Under section 1607 of FISA, counter claims constitute what?

A

a waiver

231
Q

Section 1605 of FISA denies immunity for who?

A

most non-commercial torts causing injury or damage to property

232
Q

Other US laws dealing with immunity are what?

A
  • diplomatic relations act

- international organizations immunities act

233
Q

When was the Schooner Exchange v. McFadden?

A

1812

234
Q

What was the ruling in the Schooner Exchange v. McFadden?

A

National ships of war entering the port of a friendly power are to be considered as exempted by the consent of that power from its jurisdiction

235
Q

Who handled the Republic of Argentina v. Weltover Inc. case and when?

A

SCOTUS, 1992

236
Q

Argentina used to issue bonds called what?

A

Bonods

237
Q

When did Argentina default on bond payments?

A

1986

238
Q

Who handled Saudi Arabia v. Nelson and when?

A

SCOTUS, 1993

239
Q

What does Hermanos al Rescute mean?

A

Brothers to the rescue

240
Q

When was the Anti-terrorism and Effective Death Penalty act?

A

1996

241
Q

What was the ruling in the Alejandre v. Republic of Cuba?

A

An agent of a foreign state who commits an extra-judicial killing shall be liable for money damages, pain and suffering, punitive damages etc.

242
Q

What is sovereign territory?

A

territory owned by a sovereign state

243
Q

What is Trust territory?

A

territory not owned by any state due to its special status

244
Q

What is Terra Nullis?

A

Territory capable of ownership, although not yet under sovereign control

245
Q

What is Res Communis?

A

Territory that cannot be owned by any nation

246
Q

The most common basis for claiming sovereignty over a particular geographical area is what?

A

exclusive occupation for an extended period of time

247
Q

Some nations used what to establish an original claim?

A

discovery

248
Q

Valid occupation involves discovery and what?

A

some symbolic act of possession

249
Q

Discovery is supposed to be followed by what?

A

effective occupation

250
Q

When did the US enter a treaty with Russia to get Alaska?

A

1824

251
Q

A hostile takeover of a territory is known as what?

A

Belligerent occupation

252
Q

Belligerent occupation does not what?

A

transfer sovereignty over territory to the occupying power

253
Q

In belligerent occupation, the occupying power has the obligation to do what?

A
  • respect the rights of the inhabitants

- use resources only for essential needs

254
Q

Taking land by force is known as what?

A

conquest

255
Q

What is cession?

A

an international agreement that deeds territory from one nation to another

256
Q

Under which method of establishing sovereign title, may a state’s territory may be augmented by new formations of land gradually deposited by bodies of water?

A

Accretion

257
Q

How may a nation relinquish title to its territory?

A

renunciation

258
Q

When did Italy renounce its title to territories in Northern Africa?

A

1947

259
Q

the method of transferring sovereignty is also referred to as what?

A
  • Acquiescence

- Estoppel

260
Q

What is a 20th century device for transferring sovereignty over state territory?

A

joint decision

261
Q

Under which approach are title disputes examined by judges or arbitrators?

A

Adjudication

262
Q

the formation and implementation of treaties involves how many items?

A

5

263
Q

What are the 5 items involved in the formation of treaties?

A
  • negotiation
  • signature
  • ratification
  • entry into force
  • registration
264
Q

What is included in the ratification part of the treaty process?

A

reservations, if any

265
Q

There are how many ways to determine whether a state has performed or properly revoked its treaty obligations?

A

6

266
Q

Material breach by one party justifies what?

A

another party’s non-performance

267
Q

When does the UN charter prevail?

A

when it conflicts with another international instrument

268
Q

True or false: a nation’s IL cannot be used as a defense to its breach of an international obligation

A

true

269
Q

The President’s treaty power is expressed where?

A

Article 2, section, 2, clause 2 on the Constitution

270
Q

There is a distinction between the president’s constitutional treaty power and his what?

A

executive agreement power

271
Q

Constitutions in Burkina Faso, Congo, Mauritania, and Senegal expressly state what?

A

a treaty is superior to domestic law

272
Q

SCOTUS has held that the Constitution prevails when?

A

it conflicts with statutes or treaties

273
Q

Under which article of the Constitution states that treaties and federal statutes are the supreme law of the land and are on equal footing?

A

article 6

274
Q

When there is an issue between Treaties and federal statutes, SCOTUS applies what rule?

A

“The last in time prevails”

275
Q

Executive agreements are very similar to treaties except that they do not require what?

A

the consent of senate

276
Q

What are the popular business form in France and Germany?

A
  • Societe Anoyme

- Gesellschaft

PS 307 (5 decks)

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