International Law Frameworks: Exam One

Front 1

Positivism

Back 1

States are subject to no moral authority above survival

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ius gentium

Back 2

universal values and norms that apply to the people

Front 3

ius civile

Back 3

universal values and norms that apply to civil law

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ius commune

Back 4

unversal values and norms that apply to transnational issues such as trade and conflicts

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natural approach

Back 5

we find laws, we do not make them.

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Primary sources of law

Back 6

general principles, customs and treaties

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secondary sources

Back 7

not evidence to, but evidence again. Old court cases, scholars, ect.

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pacta sunt servanda

Back 8

rule of good faith in international obligations

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lacunae

Back 9

general principles to fill a gap

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What three things is a state allowed to do

Back 10

Perscribe, enjudicate and enforce

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three levels that states have to protect other states:

Back 11

1) Enact laws that would prevent harm, 2) Enforce those laws, and finally, if you can't enforce them, 3) you have to ask for international help. If you can't, it forms a Delect- and that entitles the party who is being harmed to use their own resources.

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How is customary international law formed

Back 12

both followed as a general practice and has been accepted as a law

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opinio juris

Back 13

When a culture accepts a law and calls it a law

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Jus Cogens

Back 14

you can't get out of these laws. Universal

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erga omnes

Back 15

That means anyone can say laws are being broken if it's something really bad; genocide, ect.

Front 16

Which laws govern actions

Back 16

Hauge law: in war
Gueneva law: in peace

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textualism

Back 17

A school of treaties that looks into the basic meaning of the words; airplane vs. aircraft

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Intentionalist

Back 18

School of treaty that looks into the intent of the words, rather than the direct meaning

Front 19

teleological

Back 19

school of treaty that is also puroposivism. says that treaties ought to be construed in the light of their object and purpose.

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Rebus sic stantibus

Back 20

if when the conditions that led to the conclusion of the treaty change fundementally than one party can terminate the treaty

Front 21

ex aequo et bono

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based on what is just and good

Front 22

stare decisis

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binding precedent for a ruling.

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Ius sanguinis

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from blood- nationality

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ius soli

Back 24

by soil, nationality

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hostis humanis generis

Back 25

the enemy of all mankind; pirates.

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universal jurisdiction

Back 26

crimes that any nation can persecute

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What makes a nation

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territory, government, international presence and population

Front 28

what does it mean to be enspoused by a state

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to be "married" or protected by a state over seas. They can interceed in your interest.

Front 29

What is the paramount duty that states have

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Preservation of international peace and security, as well as the responsibility to protet citizens from outside agressors

Front 30

What are the five principles of Jurisdiction.

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Territory, Nationality, Vessels, Objective Territory, Universality and Passive Personality Principle

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Territorial Jur.

Back 31

A state has absolute discression to rule their territory

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Nationality Jurr.

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States have jur over their nationals even when nationals are outside the boarder

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vessel Jur

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A moviable territory that is designated by a flag. A contract that states have with the ship that says that they have the duty to prevent harm from eminating from their boarders

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Objective territory

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something that happens outside your territory effects your territory; oil spill

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protective principle

Back 35

a state has the right to do preemptive strikes to prevent harm

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universality jur.

Back 36

an extention of universal norms that require all states to punish it

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passive personality principle

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they can always invoke it because they have a passive presence in the area

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Soverign Immunities act of 1976

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the act that lay down US law for interacting with foreign soverigns

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three exemptions of immunity

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A waver, commercial or torts (negligance)

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act of state doctrine

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closely related to the Soverign Immunities act of 1976; says that individuals are immune from prosecution if they are acting in their official activity. if they aren't- they're pinged.

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Methods of Conflict Resolution:

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non-judicial, quasi-judicial, judicial

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non judicial method of CR

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essentially methods that do not involve formal legal proceedings. Negoations, meditory, ect. Dipolomacy. (Israel- palastine conflict), Negoatation: mediation, concilliation; an agreement of the parties to refer it to a group. These are all escalations. You start with N and finally reach C

Front 43

Quasi-judicial methods of CR

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arbritation, adjudication: These differe from concillaiton that are binding. Parties forego a formal hearing for an ad hoc council (arbitation) or a fixed court (adjudication) An international arbitual clause: wars tend to be a function of capabilities and desire, you have to want to do something and have the resources to do it. 1) bilateral treaty, 2) a treaty that codafies a alliance/peaceful neighborly relations-. Any time that an issue arrises, they have an arbirtor. 3) for one particular issue, one snapshot in time (An an iranian asset that's in the US that they have a cliam over, and they can't go to war over it0 so we set up an arbrituarial table to figure out the issue. Even in a state of hostilities, there is still conversation. There are things of value to each side, but not enough to go to war over. )

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Judicial Method:

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Formal courts. The big one is the ICJ, but there are also regional courts and regional subject courts. Individuals and non-state entities are not covered. Only states.

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ICJ juristiction

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Advisory and contentious juristiction

Front 46

pew!

Back 46

Plew!