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International Business Law
Chapter 2 Exam
31
Law
Undergraduate 4
01/29/2013

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Term
International law
Definition
The body of rules applicable to the conduct of nations, the conduct of relationships with other nations, the conduct of nations in their relationships with individuals, and rules for international, or intergovernmental, organizations.

It can also include crimes and criminal procedures applicable to genocide, war crimes, and offenses against humanity committed by individuals in an official capacity.
Term
Public International Law
Definition
Deals with those rules affecting the conduct of nations in their relationships with each other and with individuals.
Term
Private International Law
Definition
Deals with the rights and responsibilities of private individuals or corporations operating in an international environment.
Term
Statute of the International Court of Justice
Definition
The judicial arm of the United Nations
Term
Customary International Law
Definition
Includes those commonly accepted rules of conduct that, through a consistent and long-standing practice, nations have followed out of a sense of binding obligation.
Term
Treaty
Definition
A legally binding (in the "international law" sense) agreement, contract, or compact between two or more nations that is recognized and given effect under international law.
Term
Pacta Sunt Servanda
Definition
"The pact must be respected." Means that treaties are binding upon the parties by consent and must be performed by them in good faith.
Term
Convention
Definition
A legally binding multilateral treaty on matters of common concern, usually negotiated on a regional or global basis and open to adoption by many nations.
Term
Protocol
Definition
An agreement that modifies or adds to a treaty or convention, or that deals with matters less significant than those dealt with in treaties. It is usually used to address matters that are ancillary to a main treaty or convention.
Term
The Vienna Convention on the Law of Treaties
Definition
Became effective in 1980 in about half of the countries in the world; Codified many of the customary rules.
Term
Self-Executing Treaty
Definition
Needs no further action by a domestic lawmaking body, such as legislature, in order for it to be binding.
Term
Non-Self-Executing Treaty
Definition
Requires some legislative act in order for it to become a part of a country's domestic law.
Term
International Humanitarian Law
Definition
Refers to those rules for how nations treat combatants, noncombatants, refugees, and other civilians during way or civil conflict.
Term
International Human Rights Law
Definition
Protects indidivuals and groups from the acts of governments that violate their civil, political, or human rights during times of peace.
Term
International Criminal Law
Definition
A body of public international law closely related to humanitarian and human rights law. It deals with the obligations of individuals, who are acting in an official capacity, for crimes committed against other individuals.
Term
Jurisdiction
Definition
The power of a nation to create laws that proscribe conduct and to act over individuals, corporations, or their property in the application or enforcement of those laws.
Term
Extraterritoriality
Definition
The principle that a nation can project its laws beyond its territorial borders.
Term
Territoriality/Territorial Jurisdiction
Definition
Refers to the jurisdiction over all persons (citizens and noncitizens), places, and property within the territory, airspace, or territorial waters of a country.
Term
Subjective Territorial Jurisdiction
Definition
Exists where a crime was actually committed within the territory.
Term
Objective Territorial Jurisdiction/The "Effects Principle"
Definition
Exists where the act was committed outside a country's territory, but had a substantial effect inside the country.
Term
Nationality Jurisdiction
Definition
Individual and corporate citizens owe a duty to comply with the laws of their country of nationality no matter where they are in the world.
Term
Protective Principle
Definition
Allows jurisdiction over noncitizens for acts done abroad on the basis of a country's need to protect its national security, vital economic interests, and governmental functions.
Term
Passive Personality
Definition
Can give a country the right to hear cases stemming from crimes committed against their own citizens by foreign citizens outside of their own territory.
Term
Universality Principle/Universal Jurisdiction
Definition
Permits any country to prosecute perpetrators of the most heinous and universally condemned crimes regardless of where the crimes occurred or the nationality of the perpetrators of the crime.
Term
Mutual Legal Assistance Treaties
Definition
Agreements for law enforcement cooperation.
Term
Extradition
Definition
Where one country surrenders a person to the officials of another country to stand trial in a criminal case.
Term
Comity
Definition
Refers to the willingness of one court or department of government to respect the rules or decisions of another or to grant it some privilege or favor.
Term
International Comity
Definition
Is a judicial doctrine, not an international law, based on the desire for courtesy and reciprocity between countries.
Term
Sovereignty
Definition
The supreme and absolute power that governs an independent state or nation.
Term
Sovereign Immunity
Definition
A doctrine that states that the courts of one country cannot hear cases brought against the government of another country and that courts cannot involve themselves in the internal affairs of a foreign country.
Term
Act of State (Doctrine)
Definition
A principle of domestic law (not international law) that prohibits the courts from inquiring into the validity of the legislative or executive acts of another country.
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