Topic I - International & Comparative Law Flashcards
Public international law
The division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as between themselves
International law
The body of legal rules and norms that regulates activities carried on beyond the legal boundaries of a single state
Private international law
The part of international al law that deals primarily with the rights and duties of individuals and nongovernmental organizations in their international affairs
Comity (lat. courteousness)
The practice or courtesy existing between states of treating each other with goodwill and civility.
State practice
The conduct and practices of states in their dealings with each other
Multilateral treaty
Treaty between more than two states
Bilateral treaty
Formal binding agreement between two states
Treaty
Legally binding agreement between two or more states
Convention
Legally binding agreement between states sponsored by an international organisation
Custom
A long-established tradition or usage that becomes customary law if it is (1) consistently and regularly observed and (2) recognized by those states observing it as a practice that they must obligatory follow.
Uses
A consistent and recurring practice
Opinio juris sive necessitatis
Lat. “of the opinion that it is a necessary law”, maxim requiring a state to observe a customary practice only if it is one that international law requires the state to observe
Persistent objection
Active rejection of a customary practice from its first observance by other states
General principles
Principles of law common to the world’s legal systems
Jus cogens
Lat. “higher law”, a peremptory norm of general international law, recognized by the international community of states as a norm from which no derogation is permitted
Subservient
Subordinate in capacity or function
Doctrine of incorporation
Customary international law is part of domestic law to the extent that it is not inconsistent
Doctrine of transformation
Customary international law is applicable domestically only after it is adopted by legislations court decision, or local usage.
Self-executing treaty
A treaty containing a term that says it is directly effective within the signatory states upon ratification.
Non-self-executing treaty
A treaty that requires state parties to enact enabling legislation before it becomes effective domestically
Constitutional treaty
A treaty adopted according to the constitutional provisions of the ratifying state
Executive agreement
A treaty or international agreement entered into by a state’s executive without following the state’s constitutionally required ratification procedure, it is not effective domestically.
State
A political entity comprising a territory, a population, a government capable of entering into international relations, and a government capable of controlling its territory and peoples.
Independent state
A state that is sovereign: one that operates independently internationally.
Dependent state
A state that has surrendered its rights to conduct international affairs to another state.
Inchoate states
Begun, but not completed; imperfectly formed or developed.
Recognition
Formal acknowledgement or acceptance by a government of the independence and sovereignty of a newly created state or of a newly established government in another state, especially one established by revolution.
Declaratory doctrine
The legal existence of a state or government happens automatically by operation of law
Constitutive doctrine
The legal existence of a state or government is dependent on recognition by other states
Estrada doctrine
Doctrine that foreign governments will not be explicitly recognized
Territorial sovereignty
The right of a government to exclusively exercise its powers within a particular territory
Servitude
A right to the use of another’s property
estoppel
Legal rule that one cannot make an allegation or denial of fact that is contract to one’s previous actions or words.
dispositive treaty
A treaty concerned with rights over territory, such as boundaries and servitudes.
Merger Rule
Legal rule that the treaties in effect in a former state remain in effect in its territory when it becomes part of a new state
Moving Boundaries Rule
Legal rule that the treaties of a state absorbing new territory become effective within an absorbed territory
Clean Slate Doctrine
Doctrine that a new state coming into existence through decolonisation is under no obligation to succeed to the treaties of its former colonial power
Succession of States
Occurs when (1) two states agree to join and form a single state or (2) a state dissolves and its constituent states assume the role of independent states. Disputes between two sovereign states over state succession are not matters for municipal courts to decide
intergovernmental organisation (IGO)
A permanent organisation set up by two or more states to carry on activities of common interest
charter
A document outlining the principles, functions, and organisation of a juridical entity.
legal capacity
Qualification or authority, such as the qualification or authority to carry on international relations.
organ
An agency that carries on specific functions within a larger organisation
United Nations System
A group of autonomous organisations affiliated with the United nations
European Union
An IGO that has as its goals the elimination of internal frontiers and the establishment of a political, economic, and monetary union.
supranational powers
Powers surrendered by member states to an IGO. Such powers are superior to and preempt the laws and regulations of its member states. In exercising these powers, the organisation may grant rights and privileges to the nationals of its member states, which those individuals may directly invoke.
Council of the European Union
Representative of the member state governments and the co-legislative body of the EU
European Commission
The administrative and executive arm of the EU
European Parliament
The co-legislative body and the main supervisory institution of the EU
European Court of Justice
The supreme tribunal of the EU
Economic and Social Committee
An EU consultative body made up of special-interest groups
European Court of First Instance
The EU’s trial court with jurisdiction over (1) disputes brought by private persons against an EU institution and (2) employment disputes between EU institutions and their employees
European Court of Auditors
The institution responsible for supervising the EU’s budget
customs union
A group of states that have reduced or eliminated trade barriers among themselves and have established a common external tariff
free trade area (FTA)
A group of states that have reduced or eliminated trade barriers among themselves but maintain their individual tariffs in dealing with other states
economic consultative association
A group of states that exchanges information, coordinates economic policy, and promotes trade cooperation
nongovernmental organisation (NGO)
An international organisations made up of organisations other than states
nonprofit NGO
An international organisation that draws its members from among individuals and domestic organisations who reside in two or more states
multinational enterprise (MNE)
Business firm operating branches, subsidiaries or joint ventures in two or more states
arbitration
The process by which parties to a dispute submit their differences to the judgement of an impartial third person or group selected by mutual consent
state responsibility
Liability of a state for the injuries that it causes to foreign persons
human rights
Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecutions
comparative law
the study, analysis, and comparison of the world’s municipal law systems
civil law
(1) the legal system derived from Roman and Germanic practice and set out in national law codes. (2) As distinguished from public law, the body of law dealing with the rights of private citizens
Corpus Juris Civilis
(lat. “body of civil law”) Codification of Roman law completed about 534 AD at the order of Emperor Justinian that selected, arranged, and condensed the ancient laws.
jus commune
lat: “the common right”, law based on Roman law, canon law, and the interpretations of glossators and commentators, and common to Europe at the beginning of the Renaissance.
French Civil Code
Law code promulgated in 1804 by Napoleon that collected, arranged and simplified French law
German Civil Code
Law code promulgated in 1896 that is based primarily on the Corpus Juris Civilis and is characterised by its detailed structure and its technical precision
Public law
Constitutional and administrative law. It is not included in civil law codes
Common law
The legal systems of England and countries that were once English colonies. It is based primarily on court-made rules or precedent.
Supremacy of the law
Doctrine that all persons, including the sovereign, are subordinate to the rule of law.
Equity
Being just, impartial, and fair. Justice applied in circumstances not covered by rules of law.
admiralty
the law and court with jurisdiction over maritime affairs in general
Precedent
An act or instance that may be used as a model for later similar cases
Shari’a
The Islamic Legal system. It is based on principles found in the Koran and related writings.
