Module 1.2 International Law and the World’s Legal System Flashcards

1
Q

*is the body of rules applicable to the conduct of
nations in their relationships with other nations,
and with individuals and other private parties,
rules for settling disputes between nations, as
well as rules for intergovernmental
organizations.

*It can also include crimes and criminal
procedures applicable to genocide, war crimes,
and offenses against humanity committed by
individuals in an official capacity.

A

International Law

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2
Q
  • It is not dictated by a legislative body instead, it
    is consists of rules that countries agree to follow.
  • There is no global authority for enforcing
    international law.
A

Characteristics of
International Law

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3
Q

Categories of International
Law

A
  1. Public International Law
  2. Private International Law
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4
Q

Deals with those rules affecting the conduct
of nations in their relationships with each
other and with individuals as citizens or
residents.

A

Public International Law

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5
Q

Deals with the rights and responsibilities of
individuals, corporations, or other private parties
in their cross-border or international activities, as
well as procedural rules for how courts resolve
private international disputes.

A

Private International Law

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6
Q

Sources of International
Law

A

*Treaty
*Convention

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7
Q

*is a legally binding agreement between
two or more nations that is recognized and given
effect under international law.

*It includes Bilateral which is a treaty between
two countries and Multilateral which is a treaty
between three or more countries.

A

Treaty

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8
Q

is an act of a legislature that renders
a treaty null and void.

A

Abrogation

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8
Q

a legally binding multilateral treaty
on matters of common concern, usually
negotiated on a regional or global basis and
open to adoption by many nations.

A

Convention

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8
Q

nations that express their
willingness to join a treaty.

A

Signatories

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8
Q

Treaty Terminologies

A

Protocol
Signatories
Ratification
Reservation
Abrogation

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8
Q

an exception to a treaty set out by
signatory country at the time of ratification.

A

Reservation

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9
Q

Is a body of commonly accepted rules of
conduct, or international norms, that have arisen
out of consistent and long-standing practice, and
that have nations have followed out of a sense
of binding obligation.

A

Customary International
Law

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9
Q

Is the body of Law and regulations, derived from
national and international sources, that governs
cross border business transactions, the activities
of those doing business in foreign countries or
subject to the jurisdiction of foreign courts , and
the resolution international business disputes.

A

International Business Law

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9
Q

an agreement that modifies or adds for
a treaty or convention, or that deals with matters
less significant than those dealt within treaties.

A

Protocol

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9
Q

the formal agreement of a signatory
nation to be bound by the treaty, usually by its
own legislative approval.

A

Ratification

9
Q

Crimes Related to
International Business

A

*Transnational Organized Culture
*Transnational Business Crime
* UN Convention Against Corruption

10
Q

is organized crime coordinated across national borders,
involving groups or markets of individuals working in more
than one country to plan and execute illegal business
ventures. In order to achieve their goals, these criminal
groups use systematic violence and corruption. Common
transnational organized crimes include conveying
drugs, conveying arms, trafficking for sex, toxic waste
disposal, materials theft and poaching.

A

Transnational Organized Crime

11
Q

These are crimes that occur incident to or in
the course of legitimate business, and either
takes place across national borders or have
an effect in more than one country.

A

Transnational Business Crime

12
Q

General principles of
Jurisdiction

A

*Territoriality Jurisdiction
*Nationality Jurisdiction
* Protective Jurisdiction
*Passive Personality Jurisdiction
*Universal Jurisdiction

13
Q

Refers to a nation’s jurisdiction over all
persons, places and property within the
territory, airspace, or territorial waters of a
country and to crimes committed on vessels
flying that nation’s flag.

A

Territoriality Jurisdiction

14
Q

Individuals and corporate citizens owe duties to
comply with the laws of their countries of
nationality no matter where they are in the world.

A

Nationality Jurisdiction

15
Q

Allows jurisdiction over noncitizens for acts
committed abroad on the basis of a country’s
need to protect its national security, vital
economic interests, and governmental functions.

A

Protective Jurisdiction

16
Q

Gives a country the right to hear cases stemming
from crimes committed against their own citizens
by non-citizens outside of their own territories.

A

Passive Personality Jurisdiction

17
Q

It permits any country to prosecute perpetrators
of the heinous and universally condemned crimes
regardless of where the crime occurred or the
Schaffer, Agusti, Dhooge, 2015 International Business Law and Its Environment, nationality of the perpetrators or victims .

A

Universal Jurisdiction

18
Q

International Business and
Human Rights

A
  • Comply with all applicable laws and respect
    internationally recognized human rights wherever they
    operate.
  • Seek ways to honour the principles of internationally
    recognized human rights when faced with conflicting
    requirements.
  • Treat the risk of causing or contributing to gross human
    rights abuses as a legal compliance issue wherever they
    operate.
18
Q

Its main objective is to bring together government,
industry and labor groups, with a focus on developing
countries to help promote the rights of workers, create
decent and beneficial employment opportunities,
eliminate child labor, and help foster ideas and the
means for the economic and social protection of the
poor, elderly, the unemployable, women, and children.

A

International Labour
Organization

18
Q

Conclusion
* Although international law is rooted in the centuries of
customary law and treaties, it affects modern
international business everyday. It affects the
movement of people, goods, money across national
borders.
* International Law offers solutions to some of human
kinds greatest challenges.

A
18
Q

Refers to the study of differences in national laws and
legal systems. These differences cover the entire range
of law- marriage and family law, business law, liability for
wrongful torts, crimes and more.

A

Comparative Law