Unit 3 - Legal basis of international relations

Question 1

Laws that regulate relations of states and international persons

Answer 1

International law

Question 2

Laws that regulate individuals among themselves or within states

Answer 2

National law

Question 3

An international agreement between states, in written form and governed by international law, embodied in a single instrument or in two

Answer 3

Treaty

International convention = Treaty

Question 4

Mainly based under section 2, Art II. of the 1987 constitution.
International law are part of state law

Answer 4

Doctrine of incorporation

Question 5

enactment by the legislative body of such international law principles are sought to be part of municipal law

Answer 5

Doctrine of transformation

Question 6

Also known as customary law, consist of law derived from the consistent conduct of states, acting out of belief that the law required them to act that way

Answer 6

International customs

Question 7

Practice among states within a particular area of the world which can be sufficiently well stablished and accepted as the law

Answer 7

Regional customs

Question 8

it occupies another category of international customs, these refers to norms that command peremptory authority

Answer 8

Jus cogens (Compelling law)

Question 9

refers to an obligation under general international law that a state owes in any given case to the international community

Answer 9

Obligations erga omnes (“Towards all”)

Question 10

is obliged to refrain from acts which would defeat the object and purpose of the treaty

Answer 10

State

Question 11

A treaty bind the party and only the parties

Answer 11

pacta tertiis nec nocent nec prosunt

Question 12

“agreements must be kept” - every treaty in force is binding upon the parties and must be perform by good faith

Answer 12

pacta sunt servanda

Question 13

“things standing thus” - fundamental change of circumstances which has occurred with regard to those existing at the time of conclusion of a treaty

Answer 13

rebuc sic stantibus

Question 14

Are entities to have the rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims

Answer 14

States

Question 15

A legal bond as its basis a social fact of attachment a genuine connection of existence, interest, and sentiments, together with the existence of reciprocal rights and duties

Answer 15

Nationality

Question 16

a person who, owing to a well founding fear of being persecuted as a race, religion, nationality, and is outside of his country and is to avail himself of the protection of that country

Answer 16

Refugee

Question 17

an act by which states acknowledges the existence of another state, government and is willing to deal with the entity under the rules of international law

Answer 17

State recognition

Question 18

This doctrine precludes the recognition of governments established by revolution, civil war or other internal violence

Answer 18

Wilson/ Tobar doctrine

Question 19

This doctrine pertains to denial of diplomatic recognition to any regime, right of left, which come to power by military

Answer 19

Betancourt doctrine

Question 20

This doctrine precludes the recognition of an entity which is not legally a state as it continuous to abuse its power

Answer 20

Louterpacht doctrine

Question 21

This doctrine precludes the recognition of any other government established as a result of any external aggression

Answer 21

Stimson doctrineq

Question 22

Use of armed force by a state against sovereignity

Answer 22

Aggression

Question 23

pertains to a status of no nationality as a consequence of being born without any nationality

Answer 23

statelessness

Question 24

a body of international rules that bind states and other subjects of international law in their maritime affairs

Answer 24

Law of the sea

Question 25

The line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured

Answer 25

Baseline

Question 26

a state constituted wholly by one or more archipelagos

Answer 26

Archipelagic state

Question 27

group of islands, part of islands, interconnecting water and other natural features

Answer 27

Archipelago

Question 28

pertains to the exercise in accordance with UNCLOS II of the rights of navigation and overflight of mode solely for the purpose of continuous, and unobstructed transit between one part of high sea or exclusive economic zone

Answer 28

Archipelagic sea lanes passage

Question 29

An area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea

Answer 29

Exclusive Economic Zone (EEZ)

Question 30

compromises the seabed and subsoil of the submarine areas that extend beyond its territorial sea through the natural prolongation of its land territory

Answer 30

Coastal shelf of a coastal state

Question 31

are all parts of the sea that are not within EEZ, the territorial seas, internal seas

Answer 31

High seas

Question 32

year of when human rights is established

Answer 32

December 10, 1984 at Palais de Challiot

Question 33

one who is engaged, in a remunerated activity in a state of which he is not a national

Answer 33

Migrant worker

Question 34

branch of public international law compromising of those substantive, procedural, and institutional rules which have as their primary objective the PROTECTION OF ENVIRONMENT

Answer 34

International environmental law