International Law Flashcards
What is domestic law?
Domestic law refers to the law of a state
In order to be recognised as a state, a place must have:
- a defined territory
- a permanent population
- effective government
- the capacity to enter into international groups.
What is international law?
Laws that governs the relationships between nation states. It overlooks trade and commerce participation and provides mechanisms for the maintenance of peace and security.
How is international law enforced?
Through treaties, trade-based enforcements, legal writings and decisions.
Why doesn’t international law have the power to directly enforce?
Because it comes up against the domestic law of states, which has its own sovereignty and can refuse to cooperate wth international law.
What are the two types of treaties and what do they mean?
Bilateral - Between two nations (Such as the Lombok Treaty 2006)
Multilateral - Between multiple states (eg the Charter of the United Nations 1945)
What are treaties?
International agreements concluded between states in written form and governed by international law.
What is the UN and what is it’s purpose?
The UN is the chief organisation involved in international law. It aims to maintain global peace, develop good relations in-between states and promote cooperation.
What is a major criticism of the UN?
- Reform of the UN is required due to its inability to consistently and effectively enforce sanctions on states who break treaties due to state sovereignty.
What is the General Assembly?
The General Assembly is the main forum for multilateral discussions on all international matters.
What is the ICJ?
The ICJ is the judicial body of the UN that deals with disputes between the states. Stare Decisis does not apply to decisions of the ICJ.
What is the Security Council?
The security council is executive of the UN. It investigates disputes and aims to maintain peace and security, and can use economic sanctions. There are five permanent members.
What is an IGO?
IGOs are organised groups of states, established to pursue mutual interests. An example of this is the European Union.
What is an NGO?
NGOs are associations based on common interests and aims which have no connections to any government. Two well known NGOs are Amnesty International and The Red Cross.
What is ‘veto power’?
The Security Council requires a unanimous vote from all five parties in order to make a decision. If even one of the members votes against this, then it is not carried, which is known as veto power.