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31 Cards in this Set

  • Front
  • Back

Monism va dualism

Dualism: international law and domestic law are seen as two distinct legal systems, that have very little to do with each other and deal with different topics


Monism: domestic and international law as different branches on the same three, there would be no states without international law

Direct effects

The possibility of an individual to invoke a provision

TEU


TFEU


CoE

TEU- treaty on European Union (EUs institutions and their tasks)


TFEU- treaty on the functioning of the EU


CoE- Council of Europe

ICESCR


ESC


ECHR

ICESCR- iInternational Covenant on Economic, Social and Cultural Rights (education)


ESC- European Social Charter (counterpart of ECHR- guarantees fundamental social and economic rights


ECHR- European Convention on Human Rights (international binding treaty)

UDHR


ICCPR


ICPCR

UDHR- Universal Declaration of Human Rights (defines the basic set of internationally recognised human rights, not binding)


ICCPR- International Covenant of Civil and Political Rights (recognises dignity of individuals)


ICPCR- International Conference on Peace and Conflict Resolution

ICJ


ECJ


ECA

ICJ- International Court of Justice


ECJ- European Court of Justice


ECA- European Council of Auditors

UNFCC


COP


UNEP

UNFCC- United Nations Framework Convention on Climate Change


COP- Conference of Parties


UNEP- United Nations Environment Program

IPCC


NAZCA


CBD

IPCC- International Panel on Climate Change


NAZCA- Non-state Actor Zone for Climate Action


CBD: Convention on Biological Diversity

MEAs


IEO


TTIP

MEAs- Multilateral Environmental Agreements


IEO- International Environmental Organisation


TTIP- Trans-Atlantic Trade and Investment Partnership

DDHC


CETA


TTIP AND CETA

DDHC- Declaration des Droits de I’Homme er du Citoyen (French Declaration of Independence)


CETA- Comprehensive Economic and Trade Agreement


TTIP AND CETA- agreements on trade, done in the interest of export-oriented large corporations and investors, environmental and consumer protection are secondary to this, protests

ASEAN


NAFTA


SADC

ASEAN- Association of East Asian Nations


NAFTA- North America Free Trade Association


SADC- South African Development Cooperation

Sovereignty

Being free from external control, having supreme and independent power or authority in government (the power of the king to rule his people

Supranational

Transcending national boundaries, authorities or interest (EU having power or influence over more than one country

Supranational

Transcending national boundaries, authorities or interest (EU having power or influence over more than one country

Attributability

The operation of attaching a given action or omission to a state

Supranational

Transcending national boundaries, authorities or interest (EU having power or influence over more than one country

Attributability

The operation of attaching a given action or omission to a state

Intergovernmental

Existing or occurring between two or more governments or the levels of organisation (intergovernmental organisation, involve two or more nations agreeing on something

No harm principle

A state has the duty to prevent, reduce and control of (environmental) harm to other states

Accountability

Having to or be expected to explain and justify their behaviour/ actions to someone else, relations ship between the actor accountable and the actor holding them accountable

Accountability

Having to or be expected to explain and justify their behaviour/ actions to someone else, relations ship between the actor accountable and the actor holding them accountable

Responsibility

Legal obligations, the responsibility held by states in the field of international law, someone can be blamed for undesired behaviour

Accountability

Having to or be expected to explain and justify their behaviour/ actions to someone else, relations ship between the actor accountable and the actor holding them accountable

Responsibility

Legal obligations, the responsibility held by states in the field of international law, someone can be blamed for undesired behaviour

Liability

Being legally responsible for something with financial obligations

Statue law

Written law, made by parliament


About legal issues


Laws under an act ‘regulations’ : more detailed rules about implementation

Statue law

Written law, made by parliament


About legal issues


Laws under an act ‘regulations’ : more detailed rules about implementation

Customary law

Written and unwritten law- develops from the customs of a community


Become laws when they are known and followed by everyone and enforced

Public law

Concerns the relationship between the state and its citizens (horizontal relationship) involves organisations like government, designed for everyone


Contract, tort, property, trust, family

Public law

Concerns the relationship between the state and its citizens (horizontal relationship) involves organisations like government, designed for everyone


Contract, tort, property, trust, family

Private law

Dependent on the individual situation


Difference/ hierarchy of actors involved


Constitution, administrative, criminal