International Law Flashcards
State sovereignty
power that country has over itself
Public international law
Governs relationships between sovereign states and international organisations. It deals with issues of collective concerned and is enforced through diplomatic and international bodies.
Private international law
Deals with private relationships across borders, for companies and individuals. It is enforced through national courts.
Modern international law
Based on the mutual consent of states, which operates as sovereign and equal entities within a decentralised legal system
Realist school of thoughts
States are motivated by a sense of their own insecurity to continually find a way to increase their power
International relations
explores how international actors engage, challenge and shape the legal order based on political, economic, and social factors. It examines the dynamics of power, cooperation and conflict.
The liberalist school of thoughts
Cooperation and mutual benefits are achievable and often preferable, viewing international interactions as bargains struck among self-interested states
Constructivist school of thought
Normative pressure and identity shifts can lead to significant changes in state behaviour.
Marxist school of thoughts
International politics and economics operate as a single, interconnected system that is fundamentally unequal, with power and resources distributed unequally
International customs
general practices consistently followed by states out of a sense of legal obligation
International conventions (treaties)
formal agreements between states that establish rules recognised by the parties
General principles of law
fundamental principles common to major legal systems, filling gaps where customs and treaties don’t apply
Subsidiary sources
judicial decisions used as reference for interpretation and scholarly teachings/writings from highly qualified legal scholars serve as supplementary guidance
human rights
basic rights and freedoms that belong to every person in the world, from birth till death
1st gen: Liberty - Civil and political rights
group of rights that protect individual’s freedom from infringement by governments (as well as organisations and private individuals)
Internationalisation of Law
process by which legal concepts, practices and systems increasingly transcend national boundaries and become integrated on a global scale
International business
trade of goods and services, capital, knowledge and technology across borders
legal entities
organisation of people which has its own legal rights and legal responsibilities
Subsidiary company
company owned and controlled by another company (separate legal entities)
Branch
office of the company based in another location other than the main office to conduct operations (not separate legal entity)
International Business Law
branch of law (= a part of private international law) that deals with the law of global commerce and transnational transactions across different jurisdictions
lex Mercatoria
ensemble de règles destinées à résoudre les conflits dans un cadre de commerce international et sans faire référence aux lois
UNIDROIT
Institut international pour l’unification du droit privé
INCOTERMS
règles qui établissent le partage des risques, des responsabilités et des coûts entre l’acheteur et le vendeur, quel que soit le mode de transport retenu
