International Law Flashcards
Where was the term “International Law” used for the first time?
In Principles of Morals and Obligations by Jeremy Bentham in 1789
What was international law to Jeremy Bentham?
The relationship of different nations
Briefly, how is international law today different from classical international law?
Classical international law regulated matters between states, whereas today international law exerts jurisdiction over individuals (subjects of the State) through its jurisdiction over states.
Who was the father of international law?
Hugo Grotius, a dutchman who wrote: 1. De Jure Belli; 2. Mare Librum and De Jure Pradæ Commentarius (at age 22)
What was Grotius’ main idea?
The concept of ‘Natural Law’ that transcends the sovereignty of states and hence is more important. He called his bifurcation of law: Jus Gentium and Jus Outuræ, i.e. customary law and natural law
7 things that Grotius argued for:
- Religious freedom; 2. Free seas; 3. Just wars; 4. rights of POW; 5. Good faith of treaties; 6. Law of neutrality; 7. Universal State Succession
What the three schools of international law?
- Naturalists:
- Positivists:
- Groatians:
Who founded the naturalists?
Pufendorf
What is the critique of the naturalists?
Too vague and mean different things to different people
In Latin: “Fundamental change of circumstances”
Rebus Sic Stantibus
In Latin: “De novo”
From the beginning
In Latin: “Res Judicata”
A decision by a court cannot be challenged in another court of similar stature
In Latin: “Common Property and No-man’s land”
Res communis et res nullis
In Latin: “With Equity and Good measure”
Ex aqueo et bono
In what cases is extradition commonly granted?
In criminal cases
How long is the term of judges in the ICJ?
9 years
Who said: I. Law is but positive morality”
Austin
What is a condominium?
Where multiple sovereign powers formally agree to share equal dominium eg. Cyprus and Antarctica
How long is the membership of a person to the ILC?
5 years
How many members in the Security Council?
15
What are the two major theories related to the recognition of governments:
Tobar and Estrada
Translate Latin: Lex retro non agit
Law does not work backwards
This is used with inter temporal law
When was the Alabama Arbitration decided?
1872
When was the convention on the protection of the Ozone Layer signed?
1985
Two related doctrines by Latin American (Argentinian) jurists to protect the sovereignty of their country were:
Calvo Doctrine and it’s more myopic interpretation: Drago Doctrine
What are the two conventions on civil aviation?
- Chicago 1944
2. Montreal 1971
What is a bar on sea or land navigation, usually imposed by the UN?
Cabotage
How many articles in the UN charter?
111
Who is the UNSG?
Antonio Guterres
