Unit 3 - Legal basis of international relations Flashcards
Laws that regulate relations of states and international persons
International law
Laws that regulate individuals among themselves or within states
National law
An international agreement between states, in written form and governed by international law, embodied in a single instrument or in two
Treaty
International convention = Treaty
Mainly based under section 2, Art II. of the 1987 constitution.
International law are part of state law
Doctrine of incorporation
enactment by the legislative body of such international law principles are sought to be part of municipal law
Doctrine of transformation
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
International customs
Practice among states within a particular area of the world which can be sufficiently well stablished and accepted as the law
Regional customs
it occupies another category of international customs, these refers to norms that command peremptory authority
Jus cogens (Compelling law)
refers to an obligation under general international law that a state owes in any given case to the international community
Obligations erga omnes (“Towards all”)
is obliged to refrain from acts which would defeat the object and purpose of the treaty
State
A treaty bind the party and only the parties
pacta tertiis nec nocent nec prosunt
“agreements must be kept” - every treaty in force is binding upon the parties and must be perform by good faith
pacta sunt servanda
“things standing thus” - fundamental change of circumstances which has occurred with regard to those existing at the time of conclusion of a treaty
rebuc sic stantibus
Are entities to have the rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims
States
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
Nationality
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
Refugee
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
State recognition
This doctrine precludes the recognition of governments established by revolution, civil war or other internal violence
Wilson/ Tobar doctrine
This doctrine pertains to denial of diplomatic recognition to any regime, right of left, which come to power by military
Betancourt doctrine
This doctrine precludes the recognition of an entity which is not legally a state as it continuous to abuse its power
Louterpacht doctrine
This doctrine precludes the recognition of any other government established as a result of any external aggression
Stimson doctrineq
Use of armed force by a state against sovereignity
Aggression
pertains to a status of no nationality as a consequence of being born without any nationality
statelessness
a body of international rules that bind states and other subjects of international law in their maritime affairs
Law of the sea
The line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured
Baseline
a state constituted wholly by one or more archipelagos
Archipelagic state
group of islands, part of islands, interconnecting water and other natural features
Archipelago
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
Archipelagic sea lanes passage
An area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea
Exclusive Economic Zone (EEZ)
compromises the seabed and subsoil of the submarine areas that extend beyond its territorial sea through the natural prolongation of its land territory
Coastal shelf of a coastal state
are all parts of the sea that are not within EEZ, the territorial seas, internal seas
High seas
year of when human rights is established
December 10, 1984 at Palais de Challiot
one who is engaged, in a remunerated activity in a state of which he is not a national
Migrant worker
branch of public international law compromising of those substantive, procedural, and institutional rules which have as their primary objective the PROTECTION OF ENVIRONMENT
International environmental law
