First Test Flashcards
What 17th century Dutch judge is credited for establishing the foundation of modern international law?
Hugo Grotius
Historically, the most common proposal for ending war has been what?
establishing international law
Christian theologians settled on what to decided whether killing for political purposes could be justified or not?
The Doctrine of Just War and Self Defense
All feminism opposes what?
Discrimination and oppression against women
What are the components of a law brief/
- caption
- name of case
- parties to suit
- court decided in
- date
International law is what?
The Law of Nations
What does it mean for a state to be sovereign?
They are not subject to any external authorities unless voluntarily consented
International law may be divided into what two time periods?
Before and after WWII
What was the major source of international law before WWII?
League of Nations
What was established after WWII?
The United Nations
The major purpose of the UN appears where?
Article 1 of the charter
The UN charter was completed where and when?
June 26, 1945 in San Francisco
What are the 4 main organs of the UN?
- General Assembly
- Security Council
- Secretary General
- International Court of Justice
What organ acts as the judicial arm of the UN?
International court of justice (ICJ)
Almost all nations comply with the UN in what way?
Voluntary Compliance
If a state violates the international rule of law that prohibits the use of force against another independent state, the victim state may respond with what?
Individual or collective self defense
Where does the UN charter allow collective self defense?
Charter, Article 2 section 4
Where in the charter does it outline the compulsory powers of the security council?
Chapter VII
What doctrine implies that there is compelling law and mandatory norm of general international law from which no two or more nations may exempt themselves or one another/
Jus Cogens
Jus Cogens is defined where?
Article 53 of the Vienna Convention on Treaties
`What are the 6 sources of international law?
- municipal law
- case law
- international agreements
- treaties
- UN resolutions
- Customary law
Who handled the Paquete Habana case and when?
SCOTUS 1900
What was the Paquete Habana case about?
Owners of fishing vessels seized by officials of the US argued that international law exempted coastal fishermen from capture as prizes of war
What was the ruling in Paquete Habana?
Coastal fishing vessels and their cargo and crews can’t be prizes of war
Who was involved in the case of S.S. Lotus?
France v. Turkey
Who handled the Case of S.S. Lotus and when?
Permanent court of international justice in 1927
What was the case of S.S. Lotus about?
France claimed that Turkey violated international law by taking control of a French citizen who was the officer of a ship that collided with a Turkish ship
What was the ruling in the S.S. Lotus?
There is no rule of international law that prohibits a state from exercising criminal jurisdiction over a foreign national who commits acts outside the state’s jurisdiction
Who handled the case of Legality of the Threat of Use of Nuclear Weapons and when?
International Court of Justice in 1996
What was the Legality of the Threat of Use of Nuclear Weapons about?
The UN GA requested the ICJ to issue an advisory opinion as to whether the use of nuclear weapons in any circumstance is allowed under international law
What was the ICJ’s ruling in the Legality of the Threat of Use of Nuclear Weapons?
There is no authorization or prohibition of the threat or use of nuclear weapons under conventual or customary international law
Who was involved in the asylum case?
Colombia v. Peru
Who handled the asylum case and when?
ICJ in 1950
What was the asylum case about?
Colombia claimed it was customary for Latin American states to grant diplomatic asylum
What was the ruling in the asylum case?
A party that relies on alleged regional or local custom must prove that the custom is established in such a way that it has become binding on the other party
Who was involved in the Case Concerning the Right of Passage over Indian Territory?
Portugal v. India
Who handled the Case Concerning the Right of Passage over Indian Territory and when?
ICJ in 1960
What was the Case Concerning the Right of Passage over Indian Territory about?
Portugal claimed that India wrongfully refused the right of passage over Indian territory that surrounded Portuguese enclaves in the Indian Peninsula
What was the ruling in the Case Concerning the Right of Passage over Indian Territory?
The course of dealings between 2 states can establish a special local custom
Who was involved in the North Sea Continental drift cases?
Germany v. Denmark
Germany v. Netherlands
Who handled the North Sea Continental drift cases and when?
ICJ 1969
What were the North Sea Continental drift cases about?
Denmark and the Netherlands argued that customary rules of international law determined the boundaries of areas located on the continental shelf between those countries and Germany
What was the ruling in the North Sea Continental drift cases?
To be binding as international law, a custom must become settled practice and an obligation required by law
Who was involved in the Case concerning Military and Paramilitary activities in and against Nicaragua?
Nicaragua V. USA
Who handled the Case concerning Military and Paramilitary activities in and against Nicaragua and when?
ICJ 1986
What was the Case concerning Military and Paramilitary activities in and against Nicaragua about?
The US claimed collective self defense as justification for hostile acts towards Nicaragua
What was the ruling in the Case concerning Military and Paramilitary activities in and against Nicaragua?
collective self defense cannot justify hostile behavior unless victim state requests aid
Since 1945, how many treaties haven been registered with the UN?
over 45,000
General multilateral treaties are open to who?
All states of the world or all members of a regional organization
Air transport, foreign investment, and extradition are all examples of what?
Bilateral agreements
Treaties can enable states to collaborate, manage, or regulate and are of activity, such as what?
Fishing, radio
What articles of the UN charter give the GA power of recommendation?
13-14
Declarations and resolutions of the GA may constitute what?
Soft law
Specialized agencies of the UN rely on what?
Voluntary codes and guidelines
A big example of international non-government legal system is what?
The Olympic movement
International law does not replace what?
Domestic law
What was the Respublica v. Delongchamps about?
A Pennsylvania supreme court justice stated that a case had no precedent in the US and had to be determined on the law of nations
Where in the US Constitution does it refer to international law?
Article 1, section 8
Like domestic law, international law as the law of the US is subject to what?
The US Constitution
The US Constitution states that treaties of the US and the Constitution itself as well as laws made under it are the supreme law of the land under what article?
Article VI
Article 3 Section 2 of the Constitution states that cases arising under treaties are what?
Within the judicial power of the US
What part of the US Constitution declares that no state shall enter into any alliance or confederation with a foreign power?
Article 1 section 10
Who handled Missouri v. Holland and when?
SCOTUS 1920
What was Missouri V. Holland about?
Missouri brought a suit to prevent a game warden from enforcing the Migratory Bird Treaty Act on the grounds that it violated the 10th amendment
What was the ruling in Missouri v. Holland?
Acts of Congress are the supreme law of the land only when made under the constitution, and treaties are also the supreme law of the land when made under the authority of the US
What does it mean for a treaty to be non- self executing?
further congressional action is required to give it effect
Who handled Foster and Elam v. Neilson and when?
SCOTUS 1929
what was Foster and Elam v. Neilson about?
Foster and Elam claimed that a tract of land in Louisiana was granted to them by the Spanish governor
What was the ruling in Foster and Elam v. Neilson?
when a treaty requires a legislative act, the treaty cannot be effective until it is ratified
Since the beginnings of the USA, presidtns have made how many treaties?
1600
True or false: the senate cannot legally withdraw, modify, or interpret a treaty after consent by the president
true
Treaties can be terminated because of what?
- Fraud
- Coercion
- Breach
True or false: courts can terminate treaties
False
Who handled Charleton v. Kelly and when?
SCOTUS 1913
What was Charleton v. Kelly about?
Charleton claimed that he cannot be extradited to Italy as a US citizen because Italy has refused to honor the extradition treaty
What was the ruling in Charleton v. Kelly?
Extradition treaties need not be reciprocal
What established a list of 12 crimes against humanity?
The International Criminal Court
What created the ICC?
The Rome Statute
When was the international criminal tribune for Yugoslavia established?
1993
When was the international criminal tribunal for Rwanda established?
1994
When was the special court for Sierra Leone established?
2002
When was the extraordinary chamber for Cambodia established?
2003
When was the East Timor Commission for Truth and Reconciliation established?
2002
What was established in 2005?
The special tribunal for Lebanon
