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53 Cards in this Set

  • Front
  • Back
The international system of law
A. is a recent phenomenon
B. continues to exist only in theory
C. continues to evolve over time
D. is primarily based on communitarian values
C. continues to evolve over time
Who is often regarded as the father of international law?
A. Saint Augustine
B. John Locke
C. Saint Thomas Aquinas
D. Hugo Grotius
D. Hugo Grotius
Concern with international law has grown rapidly due to all of the following factors except
A. globalization
B. increasing awareness of environmental degradation
C. growing awareness of human rights issues
D. the end of the cold war
D. the end of the cold war
Low politics includes all of the following except
A. trade
B. diplomatic rules
C. communications
D. national security
B. diplomatic rules
Justice as a global force has been changing. Its progress can be described as
A. inconsistent and slow
B. consistent and slow
C. inconsistent and fast
D. consistent and fast
A. inconsistent and slow
What is the main critique of the natural law tradition?
A. It places too much emphasis on community
B. It elevates individual rights over all other concerns
C. it is overly concerned with the rights of nature
D. It cannot be applied to international setting
B. It elevates individual rights over all other concerns
A primary advantage of international treaties is
A. they are recognized by everyone
B. all countries are a party to same treaties
C. they are easily agreed upon
D. they are written down
D. they are written down
The Roman concept of just gentium means
A. just conduct of war
B. just cause of war
C. the law of the peoples
D. the law of war
C. the law of the peoples
All of the following are examples of compliance with international law by coercion except
A. threats of violence
B. sanctions
C. impeachment
D. imprisonment
C. impeachment
The forerunner to the ICJ, the Permanent Court of International Justice, was created as part of the
A. Geneva Convention
B. United States
C. League of Nations
D. United Nations
C. League of Nations
Which actor would not be permitted to submit a case before the International Court of Justice?
A. Amnesty International
B. the U.S. government
C. the UN Security Council
D. the government of India
A. Amnesty International
Standards of Justice in international law
A. recognize cultural differences
B. are based on concept of fairness
C. are dominated by concerns of equity
D. are dominated by Western standards
D. are dominated by Western standards
Who argued that the state cannot be held to individual moral standards?
A. Thomas Jefferson
B. Niccolo Machiavelli
C. Thomas Hobbes
D. Alexis de Tocqueville
B. Niccolo Machiavelli
All of the following fit the Western tradition of jus ad bellum except
A. war as a last resort
B. fighting to bring about peace
C. self-defense
D. preemption
D. preemption
An argument that the use of nuclear weapons is immoral under any conditions would rely on the principle of
A. realism
B. self-defense
C. discrimination
D. proportionality
C. discrimination
All of the following are current international tribunals except
A. Bosnia
B. Rwanda
C. Nuremburg
D. Sierra Leone
C. Nuremburg
The Middle East terrorist group Hamas justifies suicide bombing against Israeli civilians on what grounds?
A. the end justifies the means
B. the means justify the end
C. discrimination
D. cultural imperialism
B. the means justify the end
The author argues that
A. national interests will continue to prevail other international law
B. moral foundation is required in international law
C. international law has ceased to evolve
D. international law will continue to develop
D. international law will continue to develop
True or False: The current international legal system is modern and sophisticated
False
True or False: International law is most effective when applied to "high politics".
False
True or False: The two schools that believe external roots provide a source of law are the ideological and naturalist schools of law.
True
True or False: The positivist school of law advocates that law reflects society and the way people want that society to operate.
True
True or False: Treaties are only binding on the countries who sign them.
False
True or False: Obedience to the law is based on a mixture of voluntary compliance and coercion.
True
True or False: The overall compliance to the law is higher at the international level
False
True or False: Adjudication represents an early stage of development in a political system
False
True or False: The international Court of Justice was the first established international court
False
True or False: Nonadherence to the optional clause of the ICT statute entirely exempts a country from ICT jurisdiction.
False
True or False: The 1949 Geneva Convention set down rule about jus ad bellum
True
True or False: The Hague tribunal for the Balkans has not successfully convicted any accused war criminals from the Bosnian conflict.
False
True or False: It is definitive that the US and British invasion of Iraq in 2003 was a just cause of war.
True
True or False: Most people adhere to moral absolutism.
True
True or False: All signs point to increasing respect for international law and at least rudimentary standards of justice.
True
relations that include interaction in such usually nonpolitical areas such as communication, travel, trade, and finances
What are functional relations?
- set of related ideas in secular or religious thought, usually founded an identifiable thinkers and their works, that offers more or less comprehensible picture of reality
What is Theological/Ideological School of Law?
those who believe the law springs from the rights and obligations that humans have by nature
What is Naturalist School of Law?
those who believe that laws reflects society and the way that people want society to operate
What is positivist school of law?
to write down a law in formal language
What does codify mean?
agreements between state are binding.
What is pacta sunt servandra?
legal process of deciding an issue through the courts
What is adjunction?
world court, which sits in the Hague, the Netherlands, with 15 judges and is associated with the UN
What is the International Court of Justice?
- just conducts of war. when,
= last resort
= declared by legitimate authority
= waged in self-defense/ establish/ restore justice
- fought to bring about peace
- includes standards of proportionality and discrimination
What is jus ad bellum?
- leaders are criminally responsible for war crimes they ordered
- leaders are responsible for war crimes committed by their subordinates; unless the leaders tried to prevent the crimes or punished perpetrators
- obeying orders is not a valid defense for having committed atrocities.
What were 3 important precedents established after WWII?
- permanent criminal court with jurisdiction over genocide and other crimes against humanity
- seated in Hagues, and Netherlands
- operations in 2003
What is International Criminal Court?
- prohibitions to having something done to and individual or group
- expressed as, "the government may not..."
What are proscriptive rights?
- obligations on a society and its government to try to provide a certain qualitative standard of life that, of a minimum, meets basic need and perhaps does not differ radically from the quality of life enjoyed by others in the society
- expressed as "the government shall..."
What are prescriptive rights?
- group of people who prescribe to the belief that human rights are derived from sources external to society, such as from theological, ideological, or natural rights basis.
What are universalists?
group of people who subscribe to the belief that human rights are the products of cultures
What are relativists?
attempt to impose your own value system on others, including judging others by how closely they conform to others
What is cultural imperialism?
concept that rights and liberties of the individual are paramount within a society
What are individualism?
concept that the welfare of the collective must be valued over any individual rights or liberties
What is communitarianism?
- adopted by the UN general assembly
- most fundamental internationally proclaimed statement of human rights in existence
What is Universal Declaration of Human Rights?
turning over of prisoners for questioning by other government that operate without the limits on prisoner treatment that bind American officials.
What is rendition?