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26 Cards in this Set
- Front
- Back
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private intnat law
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law between states and non state actors
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public intnat law
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law from gov to gov relations (ngo, igos,non gov organ)
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soverign equality
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states are equal under intnat law
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extraterritoriality
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legal doctrine over a a states own embassies
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de facto recognition
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gov acknowledges factual existence of state, not full recognition. ( non benefits ie diplomats, trade)
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de jure recognition
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formal, legal recognition of state
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mediation
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3rd party proposes nonbinding solution
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good offices
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3rd party sets up location fro discussion
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conciliation
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3rd party helps, does not offer solution
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arbitration
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3rd party makes binding solution
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adjudication
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3rd party offers binding decision through int tribunal (court)
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weaknesses of intnat law
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-lacks universality
-justifies comparativ advantage wihtout morality or justice -insturment of power to oppress weak -justification for existing practices ambiguity makes law a tool of propoganda |
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positivist legal theory
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stresses states customs as most important for law
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structural violence
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hierchal structure of worl politics where strong benfit and weak are victimized
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military necessity
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violations of rules of warfare are allowed for defensive purposes
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reprisals
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miltary force short of war in response to previously suffered losses
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retorsion
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legal, but not favorbale, acts against a nation who has alos done an unfavorable legal act
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ICC
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intnat crim court
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permanant world crimminal court
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a court for victimized groups (genocide)
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multilateral cooperation
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actions that maximize the cllective well-being of all parties involved
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political intergration
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the process to build new political or economic communities that transcend the state
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spillover
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succes of intergation in one area transfers to others
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spillback
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reversal of past inergrations
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spillaround
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the stagnation or encapsulation or regional intergation activities
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political dinitergration
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seperation of failed states into 2 or more new states
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devolution
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states grant autonomy to ethnic groups in hopes that they stop the quest for independence
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