General

Question 1

Four Categories of International Law

Answer 1

1. Public
2. Private
3. International Business Transactions
4. Comparative Law

Question 2

Public International Law

Answer 2

1. Applies to actors with international legal personality (states and international orgs)
2. Political interactions

Question 3

Private International Law

Answer 3

1. Disputes (recognition and enforcement of foreign judgments)
2. Jurisdiction, choice of law
3. International economy

Question 4

International Actors

Answer 4

1. States
2. International Organizations
3. Non-governmental Organizations
4. Individuals

Question 5

International Law

Answer 5

(Law of Nations)

The way nations do things in relation to each other

Question 6

Blackstone’s Causes of Action

Answer 6

1. Violation of safe conditions
2. Infringement on the rights of ambassadors
3. Piracy

Question 7

Erga Omnes

Answer 7

Obligations of a state toward the international community as a whole

Question 8

Charming Betsy Doctrine

Answer 8

An act of Congress cannot be construed to violate the law of nations or natural rights if any other interpretation remains

Question 9

Government

Answer 9

Institution that acts on behalf of a state in international law

Question 10

Proprio Motu

Answer 10

Preliminary Question

Question 11

Ex Acquo Et Bono

Answer 11

Agreement to resolve conflict according to what is fair and just rather than by what the law says

Key: parties must agree

Question 12

Effectivity Principle

Answer 12

Illegal act (secession) may acquire status if it is recognized on the international plane

• must have effective control
• must be recognized

Question 13

Ratione Personae

Answer 13

Personal Jurisdiction

Question 14

Ratione Materiae

Answer 14

Subject Matter Jurisdiction

Question 15

Nullum crimen sine lege nulla poena sine legen

Answer 15

There exists no crime and no punishment without preexisting penal law

Question 16

Rebus six estantibus

Answer 16

Nothing more than a fundamental change in circumstances (Vienna Convention Article 62)

Question 17

Opinio Juris

Answer 17

A general practice accepted as law; states act in a certain way due to a sense of legal obligation

Question 18

Jus Cogens

Answer 18

Peremptory Norm: accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted

Binding irrespective of will of individual parties

Question 19

Alien Tort Statute

Answer 19

The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the U.S.

Key: jurisdiction only

Question 20

Hostis Humani Generis

Answer 20

Enemy of all mankind

Pirates, slave traders, torturers

Question 21

Ker-Frisbie Doctrine

Answer 21

Criminal defendants may be prosecuted in US courts regardless of whether their presence was obtained through the use of applicable extradition treaties

US v. Alvarez-Machain confirms this doctrine: US court’s jurisdiction is not affected by the manner in which the defendant is brought before it (i.e. abduction)