International Law Flashcards

1
Q

State sovereignty

A

power that country has over itself

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1
Q

Public international law

A

Governs relationships between sovereign states and international organisations. It deals with issues of collective concerned and is enforced through diplomatic and international bodies.

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2
Q

Private international law

A

Deals with private relationships across borders, for companies and individuals. It is enforced through national courts.

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3
Q

Modern international law

A

Based on the mutual consent of states, which operates as sovereign and equal entities within a decentralised legal system

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4
Q

Realist school of thoughts

A

States are motivated by a sense of their own insecurity to continually find a way to increase their power

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4
Q

International relations

A

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.

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5
Q

The liberalist school of thoughts

A

Cooperation and mutual benefits are achievable and often preferable, viewing international interactions as bargains struck among self-interested states

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6
Q

Constructivist school of thought

A

Normative pressure and identity shifts can lead to significant changes in state behaviour.

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6
Q

Marxist school of thoughts

A

International politics and economics operate as a single, interconnected system that is fundamentally unequal, with power and resources distributed unequally

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7
Q

International customs

A

general practices consistently followed by states out of a sense of legal obligation

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8
Q

International conventions (treaties)

A

formal agreements between states that establish rules recognised by the parties

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9
Q

General principles of law

A

fundamental principles common to major legal systems, filling gaps where customs and treaties don’t apply

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10
Q

Subsidiary sources

A

judicial decisions used as reference for interpretation and scholarly teachings/writings from highly qualified legal scholars serve as supplementary guidance

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11
Q

human rights

A

basic rights and freedoms that belong to every person in the world, from birth till death

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12
Q

1st gen: Liberty - Civil and political rights

A

group of rights that protect individual’s freedom from infringement by governments (as well as organisations and private individuals)

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13
Q

Internationalisation of Law

A

process by which legal concepts, practices and systems increasingly transcend national boundaries and become integrated on a global scale

14
Q

International business

A

trade of goods and services, capital, knowledge and technology across borders

15
Q

legal entities

A

organisation of people which has its own legal rights and legal responsibilities

16
Q

Subsidiary company

A

company owned and controlled by another company (separate legal entities)

16
Q

Branch

A

office of the company based in another location other than the main office to conduct operations (not separate legal entity)

17
Q

International Business Law

A

branch of law (= a part of private international law) that deals with the law of global commerce and transnational transactions across different jurisdictions

18
Q

lex Mercatoria

A

ensemble de règles destinées à résoudre les conflits dans un cadre de commerce international et sans faire référence aux lois

19
Q

UNIDROIT

A

Institut international pour l’unification du droit privé

20
Q

INCOTERMS

A

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