Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

PS 307 > First Test > Flashcards

First Test Flashcards

1
Q

What 17th century Dutch judge is credited for establishing the foundation of modern international law?

A

Hugo Grotius

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Historically, the most common proposal for ending war has been what?

A

establishing international law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Christian theologians settled on what to decided whether killing for political purposes could be justified or not?

A

The Doctrine of Just War and Self Defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

All feminism opposes what?

A

Discrimination and oppression against women

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the components of a law brief/

A
  • caption
  • name of case
  • parties to suit
  • court decided in
  • date
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

International law is what?

A

The Law of Nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does it mean for a state to be sovereign?

A

They are not subject to any external authorities unless voluntarily consented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

International law may be divided into what two time periods?

A

Before and after WWII

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What was the major source of international law before WWII?

A

League of Nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What was established after WWII?

A

The United Nations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

The major purpose of the UN appears where?

A

Article 1 of the charter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

The UN charter was completed where and when?

A

June 26, 1945 in San Francisco

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the 4 main organs of the UN?

A
  • General Assembly
  • Security Council
  • Secretary General
  • International Court of Justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What organ acts as the judicial arm of the UN?

A

International court of justice (ICJ)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Almost all nations comply with the UN in what way?

A

Voluntary Compliance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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?

A

Individual or collective self defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Where does the UN charter allow collective self defense?

A

Charter, Article 2 section 4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Where in the charter does it outline the compulsory powers of the security council?

A

Chapter VII

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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/

A

Jus Cogens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Jus Cogens is defined where?

A

Article 53 of the Vienna Convention on Treaties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

`What are the 6 sources of international law?

A
  • municipal law
  • case law
  • international agreements
  • treaties
  • UN resolutions
  • Customary law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Who handled the Paquete Habana case and when?

A

SCOTUS 1900

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What was the Paquete Habana case about?

A

Owners of fishing vessels seized by officials of the US argued that international law exempted coastal fishermen from capture as prizes of war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What was the ruling in Paquete Habana?

A

Coastal fishing vessels and their cargo and crews can’t be prizes of war

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Who was involved in the case of S.S. Lotus?
France v. Turkey
26
Who handled the Case of S.S. Lotus and when?
Permanent court of international justice in 1927
27
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
28
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
29
Who handled the case of Legality of the Threat of Use of Nuclear Weapons and when?
International Court of Justice in 1996
30
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
31
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
32
Who was involved in the asylum case?
Colombia v. Peru
33
Who handled the asylum case and when?
ICJ in 1950
34
What was the asylum case about?
Colombia claimed it was customary for Latin American states to grant diplomatic asylum
35
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
36
Who was involved in the Case Concerning the Right of Passage over Indian Territory?
Portugal v. India
37
Who handled the Case Concerning the Right of Passage over Indian Territory and when?
ICJ in 1960
38
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
39
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
40
Who was involved in the North Sea Continental drift cases?
Germany v. Denmark | Germany v. Netherlands
41
Who handled the North Sea Continental drift cases and when?
ICJ 1969
42
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
43
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
44
Who was involved in the Case concerning Military and Paramilitary activities in and against Nicaragua?
Nicaragua V. USA
45
Who handled the Case concerning Military and Paramilitary activities in and against Nicaragua and when?
ICJ 1986
46
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
47
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
48
Since 1945, how many treaties haven been registered with the UN?
over 45,000
49
General multilateral treaties are open to who?
All states of the world or all members of a regional organization
50
Air transport, foreign investment, and extradition are all examples of what?
Bilateral agreements
51
Treaties can enable states to collaborate, manage, or regulate and are of activity, such as what?
Fishing, radio
52
What articles of the UN charter give the GA power of recommendation?
13-14
53
Declarations and resolutions of the GA may constitute what?
Soft law
54
Specialized agencies of the UN rely on what?
Voluntary codes and guidelines
55
A big example of international non-government legal system is what?
The Olympic movement
56
International law does not replace what?
Domestic law
57
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
58
Where in the US Constitution does it refer to international law?
Article 1, section 8
59
Like domestic law, international law as the law of the US is subject to what?
The US Constitution
60
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
61
Article 3 Section 2 of the Constitution states that cases arising under treaties are what?
Within the judicial power of the US
62
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
63
Who handled Missouri v. Holland and when?
SCOTUS 1920
64
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
65
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
66
What does it mean for a treaty to be non- self executing?
further congressional action is required to give it effect
67
Who handled Foster and Elam v. Neilson and when?
SCOTUS 1929
68
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
69
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
70
Since the beginnings of the USA, presidtns have made how many treaties?
1600
71
True or false: the senate cannot legally withdraw, modify, or interpret a treaty after consent by the president
true
72
Treaties can be terminated because of what?
- Fraud - Coercion - Breach
73
True or false: courts can terminate treaties
False
74
Who handled Charleton v. Kelly and when?
SCOTUS 1913
75
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
76
What was the ruling in Charleton v. Kelly?
Extradition treaties need not be reciprocal
77
What established a list of 12 crimes against humanity?
The International Criminal Court
78
What created the ICC?
The Rome Statute
79
When was the international criminal tribune for Yugoslavia established?
1993
80
When was the international criminal tribunal for Rwanda established?
1994
81
When was the special court for Sierra Leone established?
2002
82
When was the extraordinary chamber for Cambodia established?
2003
83
When was the East Timor Commission for Truth and Reconciliation established?
2002
84
What was established in 2005?
The special tribunal for Lebanon

PS 307 (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions