Introduction (Beckman and Butte) Flashcards
International legal personality definition
Entities or legal personas that can have rights and obligations under international law
What are the 4 main characteristics of a State?
Which is the fifth one?
(1) Permanent population
(2) Defined territory
(3) Government
(4) The ability to enter relations with other states
Which are the elements of international law only states have access to?
a. Sovereignty over territory
b. Become members of UN or other IOs
c. Access to the ICJ
True of false IOs have limited international personality and are limited to their contituent documents
TRUE
Which is the link within states and people under IL. Define it
Nationality: status of being treated as a national
What does the principle nationality of claims establish
If a national of State A is injured by State B through
internationally unlawful conduct, State A may make a claim against State B on behalf of its injured
national.
Sovereignty definition and ways to adquire it
Exclusive right to exercise supreme political authority over a defined territory
a. Discovery
b. Occupation
c. Prescriptoion
d. Conquest
e. Cession
What is the right to exclude aliens entail
States can exclude foreigners from entering the territory
Treaties def.
Written agreements between states that are governed by international law
In which year was the Vienna conventions and what did it establish?
Basic principles, procedures of how treaties enter into forcre, consequences of breaches, and principles.
Which is the basic principle underlying on the creation of treaties?
pacta sunt servanta: every treaty is binding in force and must be followed in good faith
Explain the difference between a signatory acceptance of a treaty and a ratification
Signatory means the state should refrain from acts which will defeat the object of the treaty
Ratification means the state becomes a party of the treaty and is bound by it.
What is international custom?
Evidence of a general practice accepted as law through constant and uniform usage amons States over a period of time
General principle of law
General principles tht apply in all major legal systems, recognized by nations as a third source of IL
Subsidiary means def. 2 Types
Elements which can be used to prove de existence of a rule of custom or a general principle of law.
a. the teachings of highly qualified publicists
b. Judicial decosopm of international and national tribunals
What is the hierarchy established by lawyers in IL?
Jus cogens, the UN charter, treaties, costum, and general princioles
Jurisdiction definition
Power of a State to prescribe and enforce criminal and regulatory laws and is based on:
a. territorial principle:
b. nationality principle: based on the nationality of the perpetrator
c. universality principle: war crimes and other
d. protectory principle: the crime affects international security
e. passive personality : based on the nationality of the victim
