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22 Cards in this Set
- Front
- Back
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International Law
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A set of rules, patterns, expectations of behavior that most states abide by and for which violations may have negative ramifications.
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"Super-customs"
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Widely adopted and practiced customs that become so powerful that they trump treaties and conventions. No consent is required.
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Compulsory jurisdiction
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When legal bodies can force parties to appear before them and be bond by their final decisions. Domestic legal systems usually enjoy compulsory jurisdiction, whereas international legal bodies do not.
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Judicial hierarchy
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The chain of command in legal systems in which the decisions of higher courts possessing greater authority are binding on lower courts.
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International Court of Justice (ICJ)
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Also known as the World Court, the legal judicial branch of the United Nations. Any state that feels its rights under international law have been violated is free to bring suit in the ICJ against the offending parties.
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Optional clause
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A critical component of the treaty that created the International Court of Justice, this clause gives states the option of agreeing or not agreeing in advance to be bound by the decisions of the ICJ.
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Kellogg-Briand Pact (1928)
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Formally known as the General Treaty for the Renunciation of War, the agreement obliged signatories to renounce war as an instrument of policy and to settle their disputes peacefully.
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Normative/natural law tradition
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A tradition that holds that universal moral principles should form the basis for laws. Usually contrasted with the positive law tradition.
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Positive law tradition
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A tradition that holds that laws need to take into account the ways in which people (and states) actually behave. Attempts to rigidly translate moral principles into law without regard for the realities of human behavior are unlikely to be very successful. Usually contrasted with the normative law tradition.
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Identitive compliance
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The fact that people and nations usually abide with laws not out of fear of punishment but because the laws embody norms that are viewed as right.
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Utilitarian compliance
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When people or states abide by laws because they think it is in their best interests to do so.
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Coercive compliance
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The fact that people or states will abide by international law out of a fear of punishment, reprisal or collective reprisal. They also want others to come to their aid in the future.
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Reprisal
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An act that is normally a violation of international law but that is permitted as a response to another nation's violation of international law.
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Collective reprisal
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Under international law, the ability or obligation for all states to punish those who violate international law (as opposed to only those states whose rights were violated).
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Humanitarian intervention
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Uninvited intervention external actors into the domestic affairs of a state with the primary motive of ending or preventing violations of human rights.
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Nuremberg War Crimes Trials
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Post-World war II trials in which top officials of Nazi Germany were tried for violations of international law, including massive violations of human rights.
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United Nations Charter (1945)
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The founding document of the United Nations that appears to enshrine the principle of state sovereignty by prohibiting forceful external intervention unless the Security Council finds a threat to international peace sufficient to authorize intervention.
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Genocide Convention (1948)
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A convention sponsored by the UN to define genocide and list the obligations of the signatories.
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Universal Declaration of Human Rights (1948)
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A nonbinding United Nations declaration that recognizes a long list of basic human rights. Combined with the United Nations Charter, it revealed an emerging tension between the principles of state sovereignty and human rights.
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Unilateral intervention
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Uninvited intervention by a state or small group of states into the affairs of another state without the approval or sanction of some larger international organization such as the United Nations.
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Multilateral intervention
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Uninvited interference in the domestic affairs of another state carried out by many nations with the approval or sanction of a legitimate international organization such as the United Nations.
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U.N. Security Council Permanent Members
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China, France, Russia, UK, USA
All with the power to veto any case brought before the council. |
