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59 Cards in this Set
- Front
- Back
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Nation State
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-fixed territory
-government -a permanent population |
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Sovereignty
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The authority of a government within a territory of a nation state
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International Organizations are...
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forums where nation states meet to deal with transnational problems
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International Laws are...
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the rules nation states have established to help them deal with transnational problems
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Huge Grotius
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Dutch scholar who argued that relations between states were subject to the rule of law
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International Law mostly involves...
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protecting state sovereignty
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Most cases from Epps are
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case examples from national courts which are grappling with a transnational problem that has implicated their state
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Where are international cases heard in the US?
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The Federal Courts not local courts because the Federal Government is responsible for foreign policy and relations with other nations
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How many district courts are there in the US?
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94
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These 94 district courts are organized into....
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11 regional courts. And from there a case would go to the Supreme Court
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What are customs according to Epps?
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A practice among states based on a sense of legal obligation rather than a sense of kindness, courtesy, or convenience
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Many customary norms have been codified into treaties...example:
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Law of the Seas
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The Paquete Habana
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US gunboat seized a Cuban fishing boat
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Treaty...
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signing a treaty produces an obligation on your part that your own legal system will take it seriously
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Judicial Decision...
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Precedence established by prior court decisions
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Legal Personality....
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Refers to whether an entity has legal capacity which entitles it to participate in International Law and bring cases to the International Court
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True or False:
Originally only sovereign nation states had legal personality in International Law and could claim International Rights |
True
ex: Taiwan |
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I.G.O.'s...
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These are multilateral International Organizations that nation states have created to serve their national interests
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An example of an I.G.O. is...
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The U.N.... It's workers have certain immunities from national prosecution when acting under the U.N.
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True or False...
Individuals can gain legal status in International Law |
True....mostly in human rights
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When an individual is injured in or by another state due to that states actions, where must they seek a remedy?
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In that states court system
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If the foreign state fails to provide a remedy...
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than the person may at that point legally ask their home state to take up the claim in International Court
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True or False...
The home state has a legal obligation to make a claim to the International Court for the person |
False
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N.G.O.'s are
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Private organizations made up of individuals or groups which have chapters in more than one country
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True or False...
N.G.O.'s have the legal status of I.G.O.'s and individuals |
False....instead they have a consultant status in the U.N.
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N.G.O.'s assist the U.N. in....
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drafting International Treaties and work to convince Nation States to ratify them
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Example of a Non State Actor
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Al Qaeda........they have no legal status so they cant be held legally liable for their actions but states that harbor them can be
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Private Military Contractors...
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may be treated humanely as POWs but Mercenaries are treated as common criminals and can face life imprisonment or execution
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The U.N. Mercenary Convention...
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banned the use of Mercenaries but many states still use PMC's (US GB)
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Blackwater contractors in Iraq kill 17 innocent Iraqi civilians...where were they tried?
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Tried in US courts (not Iraqi) but were eventually dismissed
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Concert of Europe
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After Napoleons forces fell....this was the first example of collective diplomacy
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In order to prevent another Napoleon....
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European leaders decided to hold regular meetings to settle problems
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Functional Organizations...
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public International unions set up by European states to coordinate new technological innovations
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A Functional is a...
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non political activity nation states have a common interest in coordinating...ex: mail, shipping rules, telegraph
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The Hague System...
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conferences by the Russian Czar to consider war prevention and negotiation rules
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This system established...
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-the inclusion of smaller weaker nation states into deliberations
-procedures for creating committees -established the permanent court of arbitration -established the Hague as location for international courts |
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The League of Nations..
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Collective Security Community set up after WW1 to prevent war
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Collective Security...
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each state accepts the security of one as the concern of all and agrees to join in a collective response to aggression
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The U.N. replaced the League of Nations in....
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1945
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True or False...
The U.N. was a universal I.G.O. which was open to all nation states to join |
True
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True or False...
UN forces are intended to stop active fighting or force a military solution.. |
False...UN forces are lightly armed and are used when contestants agree to a ceasefire
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First generation of UN forces were used....
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at the height of the Cold War in areas where US/SU had no direct stake
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Second generation....
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End of the Cold War...Soviet Union agrees to UN missions in places it was withdrawing from
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Third generation....
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shift was to peace making and nation building
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Main Dispute Court in the UN is called..
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International Court of Justice
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The primary function of the ICJ is to...
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settle legal disputes between UN members. It tries cases involving governments, not individuals
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How many judges are in the ICJ...
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15 judges nominated by national groups of peers
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Compulsory Jurisdiction
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When states agree to accept ICJ jurisdiction
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1984 ICJ Nicaragua vs US...
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US terminated acceptance of ICJ because it didnt agree with its outcome
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True or False...
The UN charter outlaws war.. |
False...the UN charter does not outlaw war. Seen as a major flaw
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Jus Ad Bellum ...
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rules governing when its permissible to initiate an attack
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Jus In Bellum...
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rules governing behavior during war
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Retorsions...
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retaliatory acts that include breaking trade relations, imposing embargoes, and denying port entry
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Reprisal...
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an illegal act put into use following a prior illegal act toward a nation
ex...my jacket got stolen so I'm gonna steal someone else's |
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Reprisals legal as long as...
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-other states prior action was illegal
-response is proportionate to initial wrongdoing -does not involve force |
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Territorial Principle...
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Jurisdiction exercised on basis of where conduct occurs
ex: if a Spanish national kills a Spanish national in France, France will adjudicate/punish (unless the 2 states have a prior agreement) |
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Nationality Principle...
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Jurisdiction exercised on the basis of the nationality of the person
ex: Brazilian national kills a US citizen in NYC. Brazil could claim Nationality principle and want to try him but US could claim territorial principle |
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Common Law Countries...
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USA and UK...rarely exercise jurisdiction based on nationality (ie: their own laws dont apply to their citizens while abroad)
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Civil Law Countries...
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most nation states....rely on nationality and expect their laws to apply to their citizens even when abroad
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