Principles of Int Law Flashcards
1
Q
State Sovereignty
A
- emerged in pushback against colonialism + exploitation of natural resources
- includes permanent sovereignty over natural resources
- right to exercise, w/in a portion of the globe + to the exclusion of other States, the functions of a State, such as the exercise of jurisdiction + enforcement of laws over persons therein
- fundamental tension between state’s interest in protecting its sovereignty + recognition that certain problems require int cooperation to resolve
2
Q
Sovereign Equality
A
- all States are treated equally as legal persons in international law
3
Q
Limits of State Sovereignty
A
- essentially, not absolute - constrained all the time by int law
- ex: subject to general duty not to harm the interests of other states
4
Q
Right to (Sustainable) Development - Foundations
A
- manifestation of developing countries’ aspirations for achieving greater economic independence and forming more equitable int econ order
- tied closely to calls for econ justice + need to alleviate poverty
- right of state to choose own development path restricted by obligation not to cause env harm + pursue only sustainable development
5
Q
Right to (Sustainable) Development - Sustainability
A
- legal dimension of sust dev thus far applied to require integration of env concerns in decisions re specific activities having transboundary impacts
6
Q
Common Heritage of Humankind
A
- areas beyond limits of nat juris often referred to as “global commons”
-> high seas, seabed, Antarctica, outer space, moon, possibly outer atmosphere (ozone layer) - historically, general rule was right of capture -> common heritage designed to ensure certain nations not missing out just b/c they didn’t get to something first
7
Q
Common Heritage of Humankind - Principles
A
Conceptual approach to natural resources based on:
- non-appropriation (can “capture” nat resources but can’t claim the territory itself)
- int management
- shared benefits (benefits from use + exploitation of nat resources to be shared among all countries)
- reservation for peaceful purposes
8
Q
Common Concern of Humankind
A
- concept designed to balance resistance to accepting common heritage’s application to resources w/in countries w/ recognition that b/c planet is ecologically interdependent, humanity may have a collective interest in certain activities/resources wholly within State boundaries
- in creative tension w/ state sovereignty
- generally doesn’t yet imply specific legal obs beyond cooperation, but provides conceptual framework for int lawmaking wrt what would otherwise be activities/resources considered wholly w/in sov control of indiv States
9
Q
Common Concern of Humankind + Env Treaties
A
- first emphasized in Convention on Biological Diversity
- many int env treaties though no reflect growing acceptance that protecting env + achieving sustainable development = generally “common concerns of humanity”
10
Q
Intergenerational Equity
A
- concept that present generations should not leave future generations worse off by the choices we make today regarding development
- requires that we take into consideration the impact of our activities on future generations
- each gen has right to use + enjoy natural system, but must not allow that system to be destroyed or compromised in a way that diminishes inheritance left for next gen
11
Q
Intergenerational Equity - Implementation
A
- at minimum, requires using nat resources sustainably + avoiding irreversible env damage
- may also require modifications to our procedures for conducting env impact assessments + expansion of our concepts of judicial standing to future gens
12
Q
Common But Differentiated Responsibilities
A
- reflects core elements of equity, also cooperation + compromise
- all States have common responsibilities to protect the environment + promote sustainable development, but b/c of different social, econ, + ecological situations, countries must shoulder different responsibilities
- places more responsibility on wealthier countries + those more responsible for causing specific global env problems
- also allows for ecological differences between countries
13
Q
Common But Differentiated Responsibilities- Implementation
A
- cornerstone of env treaty-making
- measures include financial assistance to developing countries, capacity-building, technology transfer, + granting developing countries more time to meet a particular standard or target
- broad conceptual support, but indiv application more controversial
-> ex: q of whether developing country obligations should be contingent on fulfillment of promises of support from developed countries
14
Q
Global North - General Notions
A
- greater responsibility for env problems
- might be less impacted by climate change (infrastructure can aid adaptation, less reliance on things that may be seasonal/impacted by the weather)
- perceived as having disproportionately greater influence on env treaties
- high consumption
15
Q
Global South
A
- contains a lot of the world’s natural resources + biodiversity
- highly dependent on natural resources -> harder to shift
- less wealth -> agencies + incentives comparatively less well-resourced
- much more immediate + severe impacts from climate change (+ comparative lack of resources makes it harder to adapt)
- concern about stifling growth
- far more populous
