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PS 307 > Second Test > Flashcards

Second Test Flashcards

1
Q

Where does Germany’s constitution have provisions for IL?

A

Article 25

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2
Q

Where does Italy’s constitution have provisions for IL?

A

Article 10 (1)

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3
Q

Where does Austria’s constitution have provisions for IL?

A

Article 9

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4
Q

Where does Greece’s constitution have provisions for IL?

A

Article 28 (1)

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5
Q

Where does France’s constitution have provisions for IL?

A

14th paragraph of the preamble

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6
Q

Where does the European Community Treaty have provisions for IL?

A

Article 228 (7)

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7
Q

Under IL, a state is an entity that has what?

A
  • defined territory
  • permanent population
  • Control of own government
  • able to engage in foreign relations
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8
Q

The admission of a new state to the UN may serve as what?

A

Collective recognition

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9
Q

What is an example of a shunned-upon illegal state?

A

Southern Rhodesia

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10
Q

What part of the UN charter embodies the principle of self determination of the people?

A

Article 1 (2)

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11
Q

The principle of self determination provides what?

A
  • all people have right to freely determine without international interference
  • pursue economic/cultural/social development
  • every state has duty to respect this right
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12
Q

What GA resolution indicates that every state shall refrain from any action aimed at the partial or total disruption of the national unity of any state?

A

2625

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13
Q

What presents unique problems in IL?

A

Separatist Statehood

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14
Q

Who handled the reference Recession of Quebec and when?

A

Supreme court of Canada, 1998

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15
Q

What was the ruling in the Recession of Quebec case?

A

A people’s right to self determination cannot be said to grant a right to unilateral secession

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16
Q

What are examples of entities that are not seen as states but act as representatives of a subject people?

A

Liberation movements

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17
Q

Some liberation movements enjoy what status of the UN?

A

Observer status

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18
Q

What is a unique example of a special entity?

A

Taiwan

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19
Q

After the communist revolution in 1949, China became divided into what?

A

Taiwan and the People’s Republic of China

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20
Q

When did the US formally recognize the PROC?

A

1979

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21
Q

What document maintained the US unofficial relations with Taiwan?

A

Taiwan Relations Act

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22
Q

True or false: recognition of a state is not the same as a recognition of its government

A

True

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23
Q

Who was the democratically elected president of Haiti that was overthrown?

A

Father Jean-Bertrand Aristide

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24
Q

When was Father Jean-Bertrand Aristide overthrown?

A

1991

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25
Q

The GA encourages members of the UN to follow the policies announced by who?

A

Organization of American States

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26
Q

What do we call a government that lacks an effective control over the territory of a state?

A

A government in exile

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27
Q

Governments in exile receive what recognition from the UN?

A

Dejure recognition

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28
Q

Who handled the Frontier Dispute case and when?

A

ICJ, 1986

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29
Q

Who was involved in the frontier dispute case?

A

Burkina Faso and Mali

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30
Q

What was the ruling in the Frontier Dispute case?

A

There is an obligation to respect pre-existing international frontiers in state succession

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31
Q

Most successions result from what?

A

Peace treaties and decolonization

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32
Q

Upon succession, the property of the predecessor state becomes what?

A

Property of the successor state

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33
Q

Succession does not affect what?

A

Legal rights and obligations of creditors with respect to public debts

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34
Q

What GA resolution encourages nations to maintain friendly relations?

A

2525

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35
Q

Organizations may be what?

A

inter-governmental or non-governmental

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36
Q

International organizations are usually established by what?

A

Treaties

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37
Q

What are some examples of international organizations?

A

WHO, IMF, UNESCO

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38
Q

Non-governmental organizations are created by who?

A

individuals or private groups

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39
Q

International organizations have what?

A

Legal capacity and powers

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40
Q

Who handled Prosecutor v. Tadic and when?

A

International criminal tribunal for former Yugoslavia, 1996

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41
Q

What was prosecutor v. Tadic about?

A

Tadic claimed that the UN security council was not authorized to establish an international criminal tribune

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42
Q

what was the ruling in Prosecutor v. Tadic?

A

Once the security council determines that a situation poses a threat to peace, it has discretion to act

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43
Q

States become members by what?

A
  • Treaty
  • Admission
  • Succession
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44
Q

Some organizations are open to all states who do what?

A

Accept the constitution

45
Q

What are some examples of Non-governmental organizations?

A

Amnesty international, Greenpeace

46
Q

NGOs don’t normally have what?

A

Standing to be direct parties in international courts

47
Q

A state may extend diplomatic protection to its nationals in any case in which what?

A

Its nationals haven been injured by another states violations of IL

48
Q

Th American Convention on Human Rights adopted by the Organization of American States provides that:

A
  • Every person has a right to a nationality
  • Every person has a right to the nationality to the state where he was born
  • no one shall be arbitrarily deprived of his nationality
49
Q

Acquisition of nationality is also expressed under what?

A

The European Convention on Nationality

50
Q

Nationality is a concept of IL; citizenship is a concept of what?

A

Domestic law

51
Q

In the US, an individual is a national if he is what?

A
  • a US citizen

- born in an outlying possession of the US

52
Q

How is US citizenship acquired?

A
  • by birth within the US
  • by naturalization
  • persons born outside the US with parents who are citizens
53
Q

Which amendment states that “ All persons born or naturalized in the US are citizens?”

A

14th

54
Q

Private, non-governmental entities that are subject to the laws of the home and host states are known as what?

A

Transnational corporations

55
Q

Under EU law, transnational corporations are subject to what?

A

Direct regulation

56
Q

When was the Vienna Convention on the law of treaties concluded?

A

1969

57
Q

What is the main source of the law of treaties?

A

Vienna Convention on the Law of Treaties

58
Q

Under which article is the Vienna Convention limited to treaties concluded between states?

A

Article 1

59
Q

The Vienna Convention applies only to agreements in what?

A

Written form

60
Q

Legally, every state has the capacity to do what?

A

Conclude international agreements

61
Q

Who was involved in the Jesse Lewis claim?

A

US v. Britain

62
Q

What was the Jesse Lewis (David J. Adams) claim about?

A

The US claimed that the interpretation of the Treaty of London of 1818 by Canada was incorrect

63
Q

What was the ruling in the Jesse Lewis (David J. Adams) claim?

A

The duty of IL tribunal is to determine from an international perspective how the provisions of a treaty are to be interpreted

64
Q

What provides the golden rule of interpretation?

A

Article 31 of the Vienna Convention

65
Q

Where does it state that parties to a treaty cannot impose an obligation to a third state without its consent?

A

Article 35 of the Vienna Convention

66
Q

What article allows parties to amend or modify treaties?

A

Article 40 of the Vienna Convention

67
Q

Under which article of the Vienna Convention may the validity of a treaty be impeached?

A

Article 42

68
Q

What article discusses error of treaties?

A

Article 48

69
Q

What article discusses fraud of treaties?

A

Article 49

70
Q

What article discusses corruption of treaties?

A

Article 50

71
Q

What article discusses coercion of treaties?

A

Article 51

72
Q

Most treaties have clauses that specify what?

A
  • duration
  • date of termination
  • right to denounce/withdraw
73
Q

What article gives countries the right to denounce or withdraw from treaties?

A

Article 56

74
Q

Who handled the advisory opinion on Namibia and when?

A

ICJ 1971

75
Q

What was the advisory opinion on Namibia about?

A

South Africa occupied Namibia and claimed a right to annex it in violation of security council mandate

76
Q

What was the ruling in the Advisory Opinion on Namibia?

A

Mandates adopted by the UN are binding on member states; violations or breaches result in termination

77
Q

The development of international courts expanded after what?

A

WWII

78
Q

Where is the ICJ based?

A

Hague, Netherlands

79
Q

When was the ICJ created?

A

1945

80
Q

How many cases has the ICJ ruled on?

A

144

81
Q

What are the four types of chambers from the courts?

A
  • summary procedure
  • summary proceedings for a crime
  • particular category of crimes
  • particular crime
82
Q

What are the three sources of laws that can be used in the decisions of the ICJ?

A
  • international conventions
  • international customs
  • general principles of law
83
Q

True or false: The ICJ can perform judicial review over UN acts

A

False

84
Q

When was the European Court of Justice created and by what?

A

1952; Treaty of Paris

85
Q

Where is the European Court of Justice based?

A

Luxembourg

86
Q

How many judges does the European Court of Justice have?

A

7

87
Q

How many judges are in the lower jurisdiction of the European Court of Justice?

A

12

88
Q

How many judges are in the higher jurisdiction of the European Court of Justice?

A

15

89
Q

What is the main function of the European Court of Justice?

A

interpret the European Community Treaty

90
Q

When was the ICC established and by what?

A

July 2002; Rome Statute

91
Q

Where is the ICC technically based?

A

Hague, but can meet anywhere

92
Q

What are the 4 bodies of the ICC?

A
  • presidency
  • judicial chambers
  • office of the prosecutor
  • the registry
93
Q

How many judges does the registry hold?

A

18

94
Q

Matters about immigration law and policy also involve what?

A

constitutional law and international law

95
Q

Allies of states violating IL may refuse to cooperate with those states to avoid violating IL themselves as what?

A
  • accomplices

- due to their own obligations in human rights law

96
Q

Which affects immigration law more: constitutional or international?

A

International

97
Q

Unlike constitutional law, in many countries IL deals with government policies that what?

A

Have the effect of discriminating against vulnerable minority groups

98
Q

IL prohibits what?

A

Some forms of discrimination in all aspects of immigration policy

99
Q

True or false: domestic courts have limited ability to restrict governments in immigration policy

A

True

100
Q

What are entry decisions?

A

Government policies about admission into a country

101
Q

The International Convention on the Elimination of All Forms of Racial Discrimination places many limits on what?

A

racial and religious discrimination in the immigration context

102
Q

Article 1 (3) of the CERD claims that nations have the legal right to deal with issues about what?

A
  • nationality
  • citizenship
  • naturalization
103
Q

A 2010 report showed that Australia was discriminating against who?

A

asylum seekers from Afghanistan

104
Q

A 2012 CERD report expressed concern on what?

A

Canada’s proposal for a list of “safe countries”

105
Q

The US National Security Entry and Exit Registration System (NSEERS) was criticized in 2008 by who?

A

The Human Rights Committee

106
Q

What was the NSEERS criticized for?

A

Creating a list of 24 Muslim countries, along with North Korea, for special monitoring and deportation enforcement

107
Q

What article of the Racial Discrimination Treaty discourages laws with discriminatory effects?

A

Article 2 (c)

108
Q

What year was the Human Rights Committee decision that discourages laws with discriminatory effects?

A

2004

PS 307 (5 decks)

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