Second Test Flashcards
Where does Germany’s constitution have provisions for IL?
Article 25
Where does Italy’s constitution have provisions for IL?
Article 10 (1)
Where does Austria’s constitution have provisions for IL?
Article 9
Where does Greece’s constitution have provisions for IL?
Article 28 (1)
Where does France’s constitution have provisions for IL?
14th paragraph of the preamble
Where does the European Community Treaty have provisions for IL?
Article 228 (7)
Under IL, a state is an entity that has what?
- defined territory
- permanent population
- Control of own government
- able to engage in foreign relations
The admission of a new state to the UN may serve as what?
Collective recognition
What is an example of a shunned-upon illegal state?
Southern Rhodesia
What part of the UN charter embodies the principle of self determination of the people?
Article 1 (2)
The principle of self determination provides what?
- all people have right to freely determine without international interference
- pursue economic/cultural/social development
- every state has duty to respect this right
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?
2625
What presents unique problems in IL?
Separatist Statehood
Who handled the reference Recession of Quebec and when?
Supreme court of Canada, 1998
What was the ruling in the Recession of Quebec case?
A people’s right to self determination cannot be said to grant a right to unilateral secession
What are examples of entities that are not seen as states but act as representatives of a subject people?
Liberation movements
Some liberation movements enjoy what status of the UN?
Observer status
What is a unique example of a special entity?
Taiwan
After the communist revolution in 1949, China became divided into what?
Taiwan and the People’s Republic of China
When did the US formally recognize the PROC?
1979
What document maintained the US unofficial relations with Taiwan?
Taiwan Relations Act
True or false: recognition of a state is not the same as a recognition of its government
True
Who was the democratically elected president of Haiti that was overthrown?
Father Jean-Bertrand Aristide
When was Father Jean-Bertrand Aristide overthrown?
1991
The GA encourages members of the UN to follow the policies announced by who?
Organization of American States
What do we call a government that lacks an effective control over the territory of a state?
A government in exile
Governments in exile receive what recognition from the UN?
Dejure recognition
Who handled the Frontier Dispute case and when?
ICJ, 1986
Who was involved in the frontier dispute case?
Burkina Faso and Mali
What was the ruling in the Frontier Dispute case?
There is an obligation to respect pre-existing international frontiers in state succession
Most successions result from what?
Peace treaties and decolonization
Upon succession, the property of the predecessor state becomes what?
Property of the successor state
Succession does not affect what?
Legal rights and obligations of creditors with respect to public debts
What GA resolution encourages nations to maintain friendly relations?
2525
Organizations may be what?
inter-governmental or non-governmental
International organizations are usually established by what?
Treaties
What are some examples of international organizations?
WHO, IMF, UNESCO
Non-governmental organizations are created by who?
individuals or private groups
International organizations have what?
Legal capacity and powers
Who handled Prosecutor v. Tadic and when?
International criminal tribunal for former Yugoslavia, 1996
What was prosecutor v. Tadic about?
Tadic claimed that the UN security council was not authorized to establish an international criminal tribune
what was the ruling in Prosecutor v. Tadic?
Once the security council determines that a situation poses a threat to peace, it has discretion to act
States become members by what?
- Treaty
- Admission
- Succession
Some organizations are open to all states who do what?
Accept the constitution
What are some examples of Non-governmental organizations?
Amnesty international, Greenpeace
NGOs don’t normally have what?
Standing to be direct parties in international courts
A state may extend diplomatic protection to its nationals in any case in which what?
Its nationals haven been injured by another states violations of IL
Th American Convention on Human Rights adopted by the Organization of American States provides that:
- 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
Acquisition of nationality is also expressed under what?
The European Convention on Nationality
Nationality is a concept of IL; citizenship is a concept of what?
Domestic law
In the US, an individual is a national if he is what?
- a US citizen
- born in an outlying possession of the US
How is US citizenship acquired?
- by birth within the US
- by naturalization
- persons born outside the US with parents who are citizens
Which amendment states that “ All persons born or naturalized in the US are citizens?”
14th
Private, non-governmental entities that are subject to the laws of the home and host states are known as what?
Transnational corporations
Under EU law, transnational corporations are subject to what?
Direct regulation
When was the Vienna Convention on the law of treaties concluded?
1969
What is the main source of the law of treaties?
Vienna Convention on the Law of Treaties
Under which article is the Vienna Convention limited to treaties concluded between states?
Article 1
The Vienna Convention applies only to agreements in what?
Written form
Legally, every state has the capacity to do what?
Conclude international agreements
Who was involved in the Jesse Lewis claim?
US v. Britain
What was the Jesse Lewis (David J. Adams) claim about?
The US claimed that the interpretation of the Treaty of London of 1818 by Canada was incorrect
What was the ruling in the Jesse Lewis (David J. Adams) claim?
The duty of IL tribunal is to determine from an international perspective how the provisions of a treaty are to be interpreted
What provides the golden rule of interpretation?
Article 31 of the Vienna Convention
Where does it state that parties to a treaty cannot impose an obligation to a third state without its consent?
Article 35 of the Vienna Convention
What article allows parties to amend or modify treaties?
Article 40 of the Vienna Convention
Under which article of the Vienna Convention may the validity of a treaty be impeached?
Article 42
What article discusses error of treaties?
Article 48
What article discusses fraud of treaties?
Article 49
What article discusses corruption of treaties?
Article 50
What article discusses coercion of treaties?
Article 51
Most treaties have clauses that specify what?
- duration
- date of termination
- right to denounce/withdraw
What article gives countries the right to denounce or withdraw from treaties?
Article 56
Who handled the advisory opinion on Namibia and when?
ICJ 1971
What was the advisory opinion on Namibia about?
South Africa occupied Namibia and claimed a right to annex it in violation of security council mandate
What was the ruling in the Advisory Opinion on Namibia?
Mandates adopted by the UN are binding on member states; violations or breaches result in termination
The development of international courts expanded after what?
WWII
Where is the ICJ based?
Hague, Netherlands
When was the ICJ created?
1945
How many cases has the ICJ ruled on?
144
What are the four types of chambers from the courts?
- summary procedure
- summary proceedings for a crime
- particular category of crimes
- particular crime
What are the three sources of laws that can be used in the decisions of the ICJ?
- international conventions
- international customs
- general principles of law
True or false: The ICJ can perform judicial review over UN acts
False
When was the European Court of Justice created and by what?
1952; Treaty of Paris
Where is the European Court of Justice based?
Luxembourg
How many judges does the European Court of Justice have?
7
How many judges are in the lower jurisdiction of the European Court of Justice?
12
How many judges are in the higher jurisdiction of the European Court of Justice?
15
What is the main function of the European Court of Justice?
interpret the European Community Treaty
When was the ICC established and by what?
July 2002; Rome Statute
Where is the ICC technically based?
Hague, but can meet anywhere
What are the 4 bodies of the ICC?
- presidency
- judicial chambers
- office of the prosecutor
- the registry
How many judges does the registry hold?
18
Matters about immigration law and policy also involve what?
constitutional law and international law
Allies of states violating IL may refuse to cooperate with those states to avoid violating IL themselves as what?
- accomplices
- due to their own obligations in human rights law
Which affects immigration law more: constitutional or international?
International
Unlike constitutional law, in many countries IL deals with government policies that what?
Have the effect of discriminating against vulnerable minority groups
IL prohibits what?
Some forms of discrimination in all aspects of immigration policy
True or false: domestic courts have limited ability to restrict governments in immigration policy
True
What are entry decisions?
Government policies about admission into a country
The International Convention on the Elimination of All Forms of Racial Discrimination places many limits on what?
racial and religious discrimination in the immigration context
Article 1 (3) of the CERD claims that nations have the legal right to deal with issues about what?
- nationality
- citizenship
- naturalization
A 2010 report showed that Australia was discriminating against who?
asylum seekers from Afghanistan
A 2012 CERD report expressed concern on what?
Canada’s proposal for a list of “safe countries”
The US National Security Entry and Exit Registration System (NSEERS) was criticized in 2008 by who?
The Human Rights Committee
What was the NSEERS criticized for?
Creating a list of 24 Muslim countries, along with North Korea, for special monitoring and deportation enforcement
What article of the Racial Discrimination Treaty discourages laws with discriminatory effects?
Article 2 (c)
What year was the Human Rights Committee decision that discourages laws with discriminatory effects?
2004
