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International Law introduction Flashcards

Articulate: what is IL; the basic historical background; growth of IL; rules of coexistence & cooperation.

1
Q

What does international law do?

A

Structures relations among states (SAs) & other international stakeholders (NSAs). The most notable NSAs are international organizations (IOs).

Hollis, D. (2021, June 14)

This is done through various prohibitions, requirements, and permissions.

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2
Q

What are examples of global governance issues?

A

Hollis (2021): arms control; trade; environment; information & communication technologies (ICTs)

Hollis, D. (2021, June 14)

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3
Q

What is international law?

A

Hollis (2021): primarily a legal order for states (and their creations, international organizations).
Manion (2025): IL refers to rules/norms that regulate the conduct of SAs & NSAs (Int’l legal personality.

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4
Q

What are the main actors in international law?

A

State players (SAs) are the main actors in international law.

Wallace et al (2020)

Each state player is a sovereign nation, with 193 being United Nations Members.

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5
Q

What are non-state actors (NSAs)?

A

Entities that are not states, recognized or created by state actors. Some are categorized as international personalities.

Wallace et al (2020)

Examples include civil organizations, religious organizations, individuals, and corporations.

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6
Q

What is a benefit of the evolution of non-state actors?

A

They enjoy growing recognition of humanitarian and legal rights.

Wallace et al (2020)

This recognition has been noted in contexts involving civil or religious organizations.

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7
Q

What are some dangerous types of non-state actors?

A

Armed groups or terrorists.

Zarei, M.H. & Safari, A. (2015)

These NSAs can pose significant threats to societies.

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8
Q

What does Article 38(1) of the Statute of the International Court of Justice (ICJ) recognize?

A

International Law as rules and norms that govern customary practices and conventions.

Slomanson, W. (2011)

This includes treaties and requires substantive analysis.

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9
Q

What are the sources of international law listed in Article 38(1)?

A

The sources include:
* International conventions or treaties
* International customs
* General principles of law
* Judicial decisions and published authors

Slomanson, W. (2011)

These sources help establish the rules of international law.

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10
Q

What is the role of international conventions or treaties?

A

They establish state-to-state agreements on general or particular rules that regulate the behaviour of states. This is hard law.

Slomanson, W. (2011)

This is a common source of international law.

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11
Q

How are international customs used in international law?

A

They evidence common practices or norms recognized as law.

Slomanson, W. (2011)

This source is also used regularly in establishing legal norms.

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12
Q

True or False: General principles of law recognized by civilized states may be a secondary source of international law?

A

True.
They serve as a stop gap if the first two sources are not applicable.

Slomanson, W. (2011)

These principles are used less frequently in international law.

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13
Q

What can judicial decisions and published authors contribute to international law?

A

They may be considered to determine the rules of law under Article 59.

Slomanson, W. (2011)

This is occasionally used in legal analysis for source of IL.

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14
Q

What are hard law obligations informed by?

A

Soft law resolutions of international organizations, such as the United Nations.

Slomanson, W. (2011)

Soft law can influence the interpretation of hard law.

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15
Q

How can different perspectives influence international norms?

A

Political, economical, cultural, religious, and ideological perspectives of state and non-state actors.

Slomanson, W. (2011)

These differences can significantly affect the acceptance of international norms.

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16
Q

What is comparative law?

A

Comparing different legal traditions and practices that may influence legal norms.

Slomanson, W. (2011)

This can impact both soft law resolutions and hard law rules.

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17
Q

Provide examples of NSAs.

A
  • Int’l orgs
  • Individuals: refugees; diplomats; int’l criminals

Manion (2025 L1.1)

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18
Q

Why is IL law?

A
  • SAs recognize as law

Manion (2025 L1.1)

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19
Q

Provide examples of IL.

A
  • Postal system mail delivery
  • standardized rail lines width
  • conduct of international aviation

Manion (2025 L1.1)

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20
Q

True or False: IL can coerce gov’ts in issues that are primarily political (i.e. domestic).

A

False.
IL cannot and should not dictate domestic policies of SAs.

Manion (2025 L1.1)

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21
Q

True or False: IL can prevent violations.

A

False.
IL provides a means to handle a particular situation. Domestice & IL can’t prevent a crime/deviance/broken contracts.

Manion (2025 L1.1)

e.g. running a red light violates a law but does not negate the effectiveness of the legal system

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22
Q

What is G.I. Tunkin’s definition of IL?

A

IL is “International law is “the aggregate of norms which are created by agreement between states of different social systems, reflect the concordant wills of states and have a generally democratic character, regulate relations between them in the process of struggle and cooperation in the direction of ensuring peace and peaceful co existence and
freedom and independence of peoples, and are secured when necessary by coercion effectuated by states individually or collectively” (Tunkin, 974,p.251).

Manion (2025 L1.1)

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23
Q

True or False: IL function within a hierarchal system.

A

False.
SAs are on a IL spectrum of Coexistence Rules to Rules of Cooperation. At times, autrocratic leaders focus on coexistance but over time, SAs have pushed back to cooperation.
e.g. push to cooperation re: post-pandemic to address economic challenges.

Manion, K. (2025 S1)

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24
Q

True or False: When IL breaks down, the fault lies with those who operate the system.

A

False.
The fault lies with those who operate within the system.

Manion, K. (2025 S1)

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25
Q

Brief History

What is the origin of Modern IL?

A

“stems from the rise of the secular State in Western Europe affirming its sovereignty at the time of the Treaty of Westphalia 1648” (para. 5).

Manion (2025 L1.1)

Westphalia = 2 treaties w/ geographical focus: Piece of Exhaustion - end Thirty Years War of the Holy Roman Empire & AG to end 80 Years War Spain:Dutch Republic. Manion, K. (2025 S1)

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26
Q

Brief History

Why was Modern IL required?

A

“to regulate the relations of monarchs and later governments” (para. 6). Out of the necessity for States to co-exist.

Manion (2025 L1.1)

Set parameters of state action.

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27
Q

Brief History

What does ‘freedom of the high seas’ refer to?

A

A principle in international law that allows ships to navigate freely in international waters.

Manion (2025 L1.1)

It is a key component of the law of the sea.

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28
Q

Brief History

What is the ‘law of the sea’?

A

A body of international law governing the rights and responsibilities of states in maritime environments.

Manion (2025 L1.1)

It includes regulations on navigation, territorial waters, and resource management, e.g. contamination.

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29
Q

Brief History

Define ‘jus in bello’.

A

The set of legal and moral rules that govern the conduct of armed conflict.
“morality of the way war is waged” (Manion, 2025 L1.1, para. 7)

It focuses on the behavior of combatants during war.

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30
Q

Brief History

Define ‘jus ad bellum’.

A

The set of criteria that are to be consulted before engaging in warfare.
“morality of the decision to go to war” (Manion, 2025 L1.1, para. 7)

It evaluates the justification for going to war.

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31
Q

Brief History

What is meant by ‘acquisition of territory’ in international law?

A

The legal process by which a state gains sovereignty over a territory.

This can occur through treaties, conquest, or discovery.

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32
Q

Brief History

What does the law of regulating use of rivers entail?

A

International legal principles governing the usage and navigation of rivers that cross international borders.

It addresses issues such as rights of navigation and resource sharing, e.g. contamination (2025 S1).

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33
Q

Brief History

What do states exercise within the limitations of international law?

A

Sovereignty

Manion (2025 L1.1)

Sovereignty refers to the authority of a state to govern itself and make its own laws.

34
Q

Brief History

What has been the trend of international law as international relations increased?

A

International law continued to expand

Manion (2025 L1.1)

The expansion of international law reflects the growing complexity and interconnectedness of global relations.

35
Q

Brief History

By which century had international law become a universal system?

A

19th century

Manion (2025 L1.1)

The 19th century marked significant developments in international legal frameworks and treaties.

36
Q

Brief History

In which traditions and values is international law primarily rooted?

A

Western European traditions and values

Manion (2025 L1.1)

This foundation suggests a historical bias towards European perspectives in international legal principles.

37
Q

Brief History

What is the claim regarding the nature of international law?

A

It contains European bias

Manion (2025 L1.1)

Critics argue that international law reflects the interests and values of Western nations more than those of non-Western countries.

38
Q

Brief History

Fill in the blank: International law remained rooted in _______.

A

[Western European traditions and values]

Manion (2025 L1.1)

39
Q

Brief History

True or False: International law has no connection to European traditions.

A

False

Manion (2025 L1.1)

International law is closely linked to European traditions and has developed from them.

40
Q

Brief History

What major changes have occurred in the twentieth and twenty-first centuries regarding the international legal system?

A

Major changes that have had repercussions for the international legal system.

Manion (2025 L1.1)

41
Q

Brief History

What has challenged the sovereign independent primary subjectivity of States?

A

The changes in the twentieth and twenty-first centuries.

Manion (2025 L1.1)

42
Q

Brief History

What is necessary for international regulation to be effective?

A

States must pursue domestic policies that accommodate the prevailing international opinion.

Manion (2025 L1.1)

43
Q

Brief History

True or False: The sovereign independent primary subjectivity of States has remained unchanged in the twentieth and twenty-first centuries.

A

False.

Manion (2025 L1.1)

44
Q

Brief History

Fill in the blank: International regulation will be effective only if States respond by pursuing _______.

A

[domestic policies that accommodate the prevailing international opinion]

Manion (2025 L1.1)

45
Q

Characteristics

What is a key characteristic of international law?

A

There is no international legislature.

Manion (2025 L1.1)

46
Q

Characteristics

Which body can take measures against a violation of sovereignty?

A

The United Nations (UN) Security Council.

Manion (2025 L1.1)

47
Q

Characteristics

What can the UN Security Council do in response to a violation of sovereignty?

A

Vote to take measures such as intervention into the territory of a member State.

Manion (2025 L1.1)

48
Q

Characteristics

What are the two main methods by which international law is made?

A
  • Customary international law
  • Agreements or treaties

Manion (2025 L1.1)

49
Q

Rules of Coexistence and Rules of Cooperation

What concept developed out of a system of mutual non-intervention in the middle ages?

A

The concept of the ‘nation-state’

Manion (2025 L1.2)

This concept was integral to the evolution of international law and state sovereignty.

50
Q

Rules of Coexistence and Rules of Cooperation

What did the principle of international relations aim to do in the middle ages?

A

Reduce conflict among States

Manion (2025 L1.2)

This principle was essential for maintaining peace and stability among sovereign entities.

51
Q

Rules of Coexistence and Rules of Cooperation

What was the primary focus of international law during the time of classic international relations?

A

Bilateral rules between two States

Manion (2025 L1.2)

Classic international law mainly dealt with issues such as the laws of war and the law of the sea.

52
Q

Rules of Coexistence and Rules of Cooperation

What term refers to the rules developed by States to preserve independence and sovereignty?

A

Rules of coexistence

Manion (2025 L1.2)

These rules were designed to allow States to avoid conflict and coexist peacefully.

53
Q

Rules of Coexistence and Rules of Cooperation

What did the international law of coexistence primarily focus on?

A

Keeping States ‘peacefully apart’

Manion (2025 L1.2)

This legal framework emphasized non-interference rather than collaboration.

54
Q

Rules of Coexistence and Rules of Cooperation

What kind of obligations did rules of coexistence impose on States?

A

No positive obligations.
Coexistence rules provides bilateral treaties of what not to do.

Manion (2025 L1.2)

The rules did not require States to act in any specific manner.

55
Q

Rules of Coexistence and Rules of Cooperation

What are some examples of classic international law formulas?

A

Diplomatic and consular relations, law of treaties, state responsibility, state succession, sovereign equality, prohibition of the use of threat

Manion (2025 L1.2)

These formulas provided guidelines for conducting international relations.

56
Q

Rules of Coexistence and Rules of Cooperation

What historical events led to revolts against dictatorial monarchy in the 17th and 18th centuries?

A

The French Revolution and the rise of parliamentary rule

Manion (2025 L1.2)

These events shifted power dynamics in Europe, reducing the influence of aristocracy and clergy.

57
Q

Rules of Coexistence and Rules of Cooperation

What significant international meeting in 1815 marked the beginning of a new era in international relations?

A

The Congress of Vienna

Manion (2025 L1.2)

This congress facilitated cooperation among States to address common issues.

58
Q

Rules of Coexistence and Rules of Cooperation

What was a primary reason for States to cooperate after the Congress of Vienna?

A

To address issues like slavery and piracy

Manion (2025 L1.2)

These problems highlighted the need for collective action beyond individual state capabilities.

59
Q

Rules of Coexistence and Rules of Cooperation

What does international cooperation demand from States?

A

Positive action and the establishment of organs to administer rules

Manion (2025 L1.2)

This is in contrast to the non-interventionist stance of coexistence.

60
Q

Rules of Coexistence and Rules of Cooperation

What was created in 1919 to facilitate international labor relations?

A

The International Labor Organization (ILO)

Manion (2025 L1.2)

The ILO operates independently from the United Nations.

61
Q

Rules of Coexistence and Rules of Cooperation

Fill in the blank: The international law of coexistence is a legal system with the purpose to allow the coexistence of _______.

A

antagonistic units

Manion (2025 L1.2)

These units are organized as sovereign States.

62
Q

Introduction to Sources of International Law

What are the sources of international law according to Article 38(1) of the ICJ Statute?

A

International Conventions, Customary International Law, General Principles of Law, Judicial decisions, and writings of authors

Manion (2025 L1.3)

The sources are established to resolve cases and disputes between States.

63
Q

Introduction to Sources of International Law

What are International Conventions, Covenants, Protocols, and Agreements?

A

Forms of treaties that can be bilateral or multilateral

Manion (2025 L1.3)

Regional examples include the North America Free Trade Agreement and European Union Treaties.

64
Q

Introduction to Sources of International Law

What distinguishes Customary International Law?

A

A practice followed by States out of legal obligation and fear of sanctions

Manion (2025 L1.3)

The behavior is compulsory, not discretionary.

65
Q

Introduction to Sources of International Law

What role do General Principles of Law play in international law?

A

They fill gaps when customary international law or treaties are unavailable

Manion (2025 L1.3)

Found in the legal systems of some or many States.

66
Q

Introduction to Sources of International Law

Are judicial decisions from past cases binding on State parties in subsequent cases?

A

No, they are not binding

Manion (2025 L1.3)

However, they may be referenced for understanding the development of law.

67
Q

Introduction to Sources of International Law

What is the significance of writings of authors in international law?

A

They serve as a source of international law based on their expertise

Manion (2025 L1.3)

Authors with a strong track record in international law are particularly valued.

68
Q

Introduction to Sources of International Law

Fill in the blank: The source from which legislation is made in domestic legal systems can include _______.

A

Parliamentary decisions or judicial decisions

Manion (2025 L1.3)

69
Q

Introduction to Sources of International Law

True or False: The International Court of Justice (ICJ) has an authoritative body that governs international law.

A

False

Manion (2025 L1.3)

The ICJ is the main judicial body for resolving disputes but does not govern international law.

70
Q

Introduction to Sources of International Law

What happens if the ICJ cannot find relevant law during a case investigation?

A

It refers to General Principles of Law

Manion (2025 L1.3)

This is necessary to render a decision when other sources are missing.

71
Q

Introduction, Nature & Characteristics, Development

What are the shared characteristics of international law actors?

A

Reciprocity, commitment to Rule of Law, and public opinion

Wallace et al (2020)

These characteristics influence the consent of groups to adhere to international law through obligations and limitations.

72
Q

Introduction, Nature & Characteristics, Development

What is one way to define international law?

A

By considering what it is not

Wallace et al (2020)

This approach highlights the absence of a centralized legislative body and enforcement mechanisms.

73
Q

Introduction, Nature & Characteristics, Development

How is the international legal system different from domestic legal systems?

A

It is decentralized and lacks its own legislature

Wallace et al (2020)

Enforcement is not conducted by an international police force or compulsory court.

74
Q

Introduction, Nature & Characteristics, Development

What constitutes the international legal system?

A

Consensus reached by actors to adopt practices and reach agreements

Wallace et al (2020)

These include customary international law and treaties.

75
Q

Introduction, Nature & Characteristics, Development

What processes are included in international law to resolve disputes?

A

Consent to the jurisdiction of judicial and quasi-judicial bodies, sanctions, treaty suspensions and terminations, frozen assets, and use of force in certain exceptions

Wallace et al (2020)

These processes are critical for maintaining order and resolving conflicts.

76
Q

Introduction, Nature & Characteristics, Development

Fill in the blank: The international legal system includes _______ reached by actors.

A

[consensus]

Consensus is essential for the legitimacy of international agreements.

77
Q

Introduction, Nature & Characteristics, Development

True or False: The United Nations is an example of an international legal system.

A

True

Wallace et al (2020)

The UN, alongside its bodies like the Security Council and ICJ, exemplifies international law in practice.

78
Q

Introduction, Nature & Characteristics, Development

What are treaties in the context of international law?

A

Agreements reached by actors to operate under mutual parameters

Wallace et al (2020)

Treaties play a crucial role in formalizing international relations.

79
Q

Introduction, Nature & Characteristics, Development

What is customary international law?

A

Practices adopted by international law actors over time

Wallace et al (2020)

These practices become binding through widespread acceptance and use.

80
Q

Introduction, Nature & Characteristics, Development

What role do sanctions play in international law?

A

They are measures taken to enforce compliance or punish breaches

Wallace et al (2020)

Sanctions can be economic, diplomatic, or military in nature.

81
Q

Introduction, Nature & Characteristics, Development

Fill in the blank: The International Court of Justice is an example of a _______ body in international law.

A

[judicial]

Wallace et al (2020)

The ICJ adjudicates disputes between states and provides advisory opinions.

Public International Law (3 decks)

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