General Info Flashcards
What is diplomatic Immunity?
It means that diplomatic agents are exempt from the operation of domestic law of the host nation.
What is declared when a diplomat acts in a manner that is unacceptable to the host country?
He/She may be declared as “Persona non grata” which means that they have to leave.
Under the 1961 Vienna Convention, what four things does a diplomat do?
- represents the sending state.
- Protects the interest of the sending state and its nationals, as permitted by the laws of the host nations and international law.
- Negotiate with the govt’ of the host state.
- Promotes friendly relations between the two countries.
Under the 1963 Vienna Convention on Consular Relations what are the three duties of a Consular official?
- protect the interest of the sending state and its nationals within international law.
- issue passports to nationals of the sending state, and visas to persons traveling to the sending state.
- they promote commercial, cultural, and friendly relations.
What two laws in the US refer to immunity?
Foreign Sovereign Immunities Act, AND the
Diplomatic Relations Act
-Under the DRA, persons injured by the diplomatic persons have been denied relief under US law.
What are the two major international laws on diplomatic privileges and immunities?
- The Vienna Con. on Diplomatic Relations (VCDR)
- The Vienna Con. on Consular Relations (VCCR)
Under the Convention on the Priviledges and Immunities of the UN, diplomats assigned to the UN and its subsidaries enjoy the following privileges and immunities?
- immunity from personal arrest or detention
- all papers and documents not to be violated
- exemption of diplomatic families from immigration restriction.
What is Interpol Red Notice?
It is a request to locate and arrest an individual ending extradition.
How is a Red Notice issued?
- police in a member country requests it through their National Central Bureau to provide info.
- The Interpol General Secretariat publishes the notice after a compliance check is completed.
- Police around the world are alerted.
How was the WTO (World Trade Organization) created
After eight rounds of trade agreements were negotiated under GATT, The Uruguay round created a new, better defined international organization in Jan of 1995.
Where is the WTO based?
Geneva, Switzerland
What is the purpose of the WTO?
It is the primary international forum for managing all trade matters:
-Provides a forum for trade negotiation, handles trade disputes, and monitors national trade negotiations.
(a fundamental principle of international trade is that, it should be conducted w/o discrimination.)
What is extradition?
It is a procedure in which a fugitive is lawfully sent to requesting state.
What do member states use instead of a global extradition treaty?
Hundreds of bilateral treaties that list mutually agreeable condition for the surrender of accused or convicted criminals to stand trial in the requesting state.
-There is no duty to surrender an individual to another nation.
The Nuremberg and Tokyo war trials prosecuted individuals for what?
- crimes against peace
- war crimes
- crimes against humanity
When did the Rwandan Genocide occur?
The outbreak of the ethnic conflict started in 1994.
What security council resolution established an adhoc tribunal to prosecute individuals responsible for violations of international humanitarian law.
Resolution 955
Where did the Security council agree the Rwandan War Tribunals should take place?
Arusha, Tanzania
What is the ICC designed to do?
To be complementary to national criminal courts.
The law of the sea indicates that a coastal state may exercise jurisdiction over what three aspects?
- territorial sea
- The continental shelf including its seabed and subsoil.
- The exclusive economic zone
In the law of the sea, the EXCLUSIVE ECONOMIC ZONE consists of what?
a belt of sea beyond the territorial sea that may not exceed 200 nautical miles from the coastal baseline.
In the law of the sea, the TERRITORIAL SEA consists of what?
a belt of sea that may not exceed 12 nautical miles from the coastal baseline.
When did the UN Convention on the Law of the Sea take place?
1982
Passage of ships through territorial sea is innocent as long as:
It is not prejudicial to the peace, good order, or security of the coastal state.
In the territorial sea, what are submarines required to do?
They are required to navigate on the surface and to show their flag.
When does the hot pursuit of a ship cease?
When they enter their own or a third party’s territorial waters.
What do the High Seas refer to?
“all parts of the sea that are not included in the territorial sea or the internal water of the state”.
What are the five FREEDOM OF THE HIGH SEAS?
- freedom of navigation
- freedom of overflight
- freedom to lay submarine cables and pipelines
- freedom of fishing
- Reservation of high seas for peaceful purposes.
What is the major principle of environmental law?
It requires states to exercise due care to prevent and minimize injury to other states.
Harm or injury in environmental law requires what 4 conditions?
- the harm must result from human activity
- as a general rule, the environmental injury must result from a physical consequence of the casual harm activity.
- the physical environmental impact should extend beyond national boundaries of the source state.
- the environmental harm must be substantial.
What are the two major US statutes dealing with transfrontier pollution?
The Clean Water Act AND The Clean Air Act
After the incident at Chernobyl, the Internal Atomic Energy Agency adopted what two conventions?
- The Convention on Assistance in Case of a Nuclear Accident or Radiological Emergency.
- Convention on Early Notification of a Nuclear Accident
When did the Rio Earth Summit occur and what did it recognize?
In 1982, it was recognized that the environment and development are mutually connected.
How many rivers are shared by two or more countries?
300
In the absence of an agreement, how is a boundary of a navigable watercourse determined?
When states share contiguous or boundary watercourses, the THALWEG, or main channel, establishes the boundary.
How many parties agreed to the Kyoto Protocol?
160 parties
What is the Kyoto Protocol?
It is an agreement that provides,
- Legally binding emission reduction targets for industrialized nations.
- Innovative mechanisms for transboundary emission reduction cooperation.
What two sources of international law protect endangered species?
The UN Convention on Biological Diversity AND Convention on International Trade in Endangered Species of Wild Fauna and Flora
When was the Bio-safety Protocol adopted?
In 2000
What does the Bio-safety Protocol in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal do?
It allows its members to bar imports of genetically altered seeds, organisms, animals, and crops they regard as a threat to their environment.
How many members are a part of the WTO?
141 countries
How many council are in the WTO?
Four
What are the three different legal families in Comparative Law?
Romano-Germanic Civil Law
Islamic Law System
Anglo-American Common Law System
What is a FREE ZONE?
They are areas where goods may be imported and exported free from customs and tariffs.
What is an export processing zone?
A zone where manufacturing facilities process raw materials or assemble parts imported from abroad and then export the finished product.
Where can you find a free retail zone/duty-free zone?
at international airports or harbors.
What is transfer pricing?
Charging higher prices in a high tax state in order to have smaller profits.
Companies may indulge in tax avoidance/ evasion through what?
- tax havens
- transfer pricing
- arms length transactions
- treaty shopping
What is the primary purpose of the ILO or International Labor Organization?
Improving working conditions, and living standards of workers in all countries.
What are member state of the ILO(international labor organization) required to do?
Provide annual reports to verify compliance with the conventions.
What is rendition?
A covert operation under which even an innocent person may be forcibly transferred to a state where he has committed no crime.
What are the two concepts of sovereign immunity?
classical or absolute theory AND newer or restrictive theory
What is the Classical/ Absolute theory in sovereign immunity?
A sovereign cannot be a respondent in the court of another sovereign without his consent.
What is the Newer/ Restrictive theory in sovereign immunity?
The immunity of the sovereign is recognized with regard to:
a. sovereign or public acts: Jure Imperii of a state, but not with respect to,
b. private acts: Jure Gestionis
The most significant exception of the FSIA is the “commercial exception”. What does this mean?
That a foreign state is not immune from suit in any case in which the action is based on a commercial activiy in the US by a foreign state.
What are the four HISTORICAL ways to acquire territory?
- Occupation
- Conquest
- Cession
- Accretion
What is the original claim or OCCUPATION of territory?
Exclusive Occupation for a period of time
What is Cession in one of the four HISTORICAL ways to acquire territory?
It is an international agreement that deeds territory from one nation to another.
What is Accretion in one of the four HISTORICAL ways to acquire territory?
Under this method of establishing sovereign title, a state’s territory may be augmented by new formations of land gradually deposited by bodies of water.
-Ex: formations of islands within the territorial water of a state.
What are the three NEW/ CONTEMPORARY modes of acquiring territory?
- Renunciation
- Joint Decision
- Adjudication
What is adjudication of territory?
Under this approach, title disputes to state territory are examine by judges or arbitrators.
-mutually acceptable tribunal
What is renunciation also referred to as?
Acquiescence Estoppel
What five things does treaty formation include?
- negotiation
- signature
- ratification, reservations
- entry into force
- registration
Between 1772 and 1867, how many treaties did the US sign with Native American tribes?
374
Of the 18 human rights agreements that the UN has passed, how many has the US ratified?
5 agreements
