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International Legal Foundations > Theory of International Legal Foundations > Flashcards

Theory of International Legal Foundations Flashcards

1
Q

International Law

A

Set of Rules that apply between sovereign states and entities with international personality

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2
Q

Sequence of International Law

A 
Ius Gentium (Roman)
Ius Commune (Middle Age) 
Law of Nations (Grandfather) 
International Law (Father) 
Global Law
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3
Q

Law of War

A

Set of rules that seek to limit the violence and protect the fundamental rights of persons in case of war

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4
Q

Maritime Law

A

Part of international law governing the use of sea by nation-states

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5
Q

Main Features of International Law

A

Established under a treaty but with strong jurisprudential component
Established by Dominant Powers

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6
Q

Main Problem of International Law

A

The absence of an authority capable of arbitrating and ensure its observance

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7
Q

How do we solve the main problem of International Law

A

The fidelity to Pacta Sunt Servanda (Agreements must be fulfilled)

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8
Q

Sources of International Law

A

How States Behave
What the States agree between themselves
What the International Court of Justice and the national court says

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9
Q

Article 38

A

General Principles of law, international conventions and treaties, jurisprudential decisions

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10
Q

International Treaty

A

Legal Document agreed between states and governed by international law

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11
Q

International Convention

A

Multilateral agreements that express intentions or political commitments

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12
Q

Freedom

A

Absence of coercion to act or take decision

Capacity to self direct at last

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13
Q

Procedure of Concluding a Treaty

A 
Adoption 
Signature 
Ratification 
Accession 
Entry into Force 
Treaties are binding 
Reservation to Treaties 
Withdrawal
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14
Q

Main Institution of International Law

A

The United Nations, established in 1945 with 51 members States. Nowadays there are 193

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15
Q

Purpose of the United Nations

A

Mantain International Peace
Develop friendly relationship between states
Achieve International co-operation in solving international conflicts

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16
Q

Main Organs

A 
Security Council 
General Assembly
International Court of Justice 
Secretariat 
Trusteeship Council 
Economic and Social Council
17
Q

Main Arguments in International Legal Foundations

A

There is no law without States
There are no States without Sovereignty
There is no Sovereignty without Territory

18
Q

What is a State?

A

Main Actor in International Law, entities that meet international legal criteria and have sovereignty

19
Q

Characteristic of a State

A 
Defined Territory 
Permanent Population 
Government
Independence 
Diplomatic Recognition
20
Q

What is a Nation?

A

Socio-Cultural Entity

21
Q

Fundamental Rights of States

A

Sovereignty
Equality
Political Independence
Territorial Integrity

22
Q

Types of Law in Islamic Law

A

Siyar and Sharia

23
Q

Base of the Siyar

A

Principles of imposition and sanction

24
Q

Base of Sharia

A

Non-codified legal system based on interpretation

International Legal Foundations (3 decks)

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