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International Business Law > Topic I - International & Comparative Law > Flashcards

Topic I - International & Comparative Law Flashcards

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0
Q

Public international law

A

The division of international law that deals primarily with the rights and duties of states and intergovernmental organizations as between themselves

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1
Q

International law

A

The body of legal rules and norms that regulates activities carried on beyond the legal boundaries of a single state

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2
Q

Private international law

A

The part of international al law that deals primarily with the rights and duties of individuals and nongovernmental organizations in their international affairs

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3
Q

Comity (lat. courteousness)

A

The practice or courtesy existing between states of treating each other with goodwill and civility.

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4
Q

State practice

A

The conduct and practices of states in their dealings with each other

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5
Q

Multilateral treaty

A

Treaty between more than two states

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6
Q

Bilateral treaty

A

Formal binding agreement between two states

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7
Q

Treaty

A

Legally binding agreement between two or more states

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8
Q

Convention

A

Legally binding agreement between states sponsored by an international organisation

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9
Q

Custom

A

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.

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10
Q

Uses

A

A consistent and recurring practice

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11
Q

Opinio juris sive necessitatis

A

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

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12
Q

Persistent objection

A

Active rejection of a customary practice from its first observance by other states

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13
Q

General principles

A

Principles of law common to the world’s legal systems

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14
Q

Jus cogens

A

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

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15
Q

Subservient

A

Subordinate in capacity or function

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16
Q

Doctrine of incorporation

A

Customary international law is part of domestic law to the extent that it is not inconsistent

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17
Q

Doctrine of transformation

A

Customary international law is applicable domestically only after it is adopted by legislations court decision, or local usage.

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18
Q

Self-executing treaty

A

A treaty containing a term that says it is directly effective within the signatory states upon ratification.

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19
Q

Non-self-executing treaty

A

A treaty that requires state parties to enact enabling legislation before it becomes effective domestically

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20
Q

Constitutional treaty

A

A treaty adopted according to the constitutional provisions of the ratifying state

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21
Q

Executive agreement

A

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.

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22
Q

State

A

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.

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23
Q

Independent state

A

A state that is sovereign: one that operates independently internationally.

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24
Q

Dependent state

A

A state that has surrendered its rights to conduct international affairs to another state.

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25
Q

Inchoate states

A

Begun, but not completed; imperfectly formed or developed.

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26
Q

Recognition

A

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.

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27
Q

Declaratory doctrine

A

The legal existence of a state or government happens automatically by operation of law

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28
Q

Constitutive doctrine

A

The legal existence of a state or government is dependent on recognition by other states

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29
Q

Estrada doctrine

A

Doctrine that foreign governments will not be explicitly recognized

30
Q

Territorial sovereignty

A

The right of a government to exclusively exercise its powers within a particular territory

31
Q

Servitude

A

A right to the use of another’s property

32
Q

estoppel

A

Legal rule that one cannot make an allegation or denial of fact that is contract to one’s previous actions or words.

33
Q

dispositive treaty

A

A treaty concerned with rights over territory, such as boundaries and servitudes.

34
Q

Merger Rule

A

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

35
Q

Moving Boundaries Rule

A

Legal rule that the treaties of a state absorbing new territory become effective within an absorbed territory

36
Q

Clean Slate Doctrine

A

Doctrine that a new state coming into existence through decolonisation is under no obligation to succeed to the treaties of its former colonial power

37
Q

Succession of States

A

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

38
Q

intergovernmental organisation (IGO)

A

A permanent organisation set up by two or more states to carry on activities of common interest

39
Q

charter

A

A document outlining the principles, functions, and organisation of a juridical entity.

40
Q

legal capacity

A

Qualification or authority, such as the qualification or authority to carry on international relations.

41
Q

organ

A

An agency that carries on specific functions within a larger organisation

42
Q

United Nations System

A

A group of autonomous organisations affiliated with the United nations

43
Q

European Union

A

An IGO that has as its goals the elimination of internal frontiers and the establishment of a political, economic, and monetary union.

44
Q

supranational powers

A

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.

45
Q

Council of the European Union

A

Representative of the member state governments and the co-legislative body of the EU

46
Q

European Commission

A

The administrative and executive arm of the EU

47
Q

European Parliament

A

The co-legislative body and the main supervisory institution of the EU

48
Q

European Court of Justice

A

The supreme tribunal of the EU

49
Q

Economic and Social Committee

A

An EU consultative body made up of special-interest groups

50
Q

European Court of First Instance

A

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

51
Q

European Court of Auditors

A

The institution responsible for supervising the EU’s budget

52
Q

customs union

A

A group of states that have reduced or eliminated trade barriers among themselves and have established a common external tariff

53
Q

free trade area (FTA)

A

A group of states that have reduced or eliminated trade barriers among themselves but maintain their individual tariffs in dealing with other states

54
Q

economic consultative association

A

A group of states that exchanges information, coordinates economic policy, and promotes trade cooperation

55
Q

nongovernmental organisation (NGO)

A

An international organisations made up of organisations other than states

56
Q

nonprofit NGO

A

An international organisation that draws its members from among individuals and domestic organisations who reside in two or more states

57
Q

multinational enterprise (MNE)

A

Business firm operating branches, subsidiaries or joint ventures in two or more states

58
Q

arbitration

A

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

59
Q

state responsibility

A

Liability of a state for the injuries that it causes to foreign persons

60
Q

human rights

A

Basic rights intended to protect all people from cruel and inhumane treatment, threats to their lives, and persecutions

61
Q

comparative law

A

the study, analysis, and comparison of the world’s municipal law systems

62
Q

civil law

A

(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

63
Q

Corpus Juris Civilis

A

(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.

64
Q

jus commune

A

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.

65
Q

French Civil Code

A

Law code promulgated in 1804 by Napoleon that collected, arranged and simplified French law

66
Q

German Civil Code

A

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

67
Q

Public law

A

Constitutional and administrative law. It is not included in civil law codes

68
Q

Common law

A

The legal systems of England and countries that were once English colonies. It is based primarily on court-made rules or precedent.

69
Q

Supremacy of the law

A

Doctrine that all persons, including the sovereign, are subordinate to the rule of law.

70
Q

Equity

A

Being just, impartial, and fair. Justice applied in circumstances not covered by rules of law.

71
Q

admiralty

A

the law and court with jurisdiction over maritime affairs in general

72
Q

Precedent

A

An act or instance that may be used as a model for later similar cases

73
Q

Shari’a

A

The Islamic Legal system. It is based on principles found in the Koran and related writings.

International Business Law (3 decks)

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