Term
| International Law Addresses (3) |
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Definition
1. problem of the ocean commons
2. importance of ecosystems concept
3. need to reference other states in use management |
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Term
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Definition
| community of interdependent organisms and the physical environment they habitat |
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Term
| Problems in focus on ecosystems (3) |
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Definition
1. lack of congruence b/w politically and ecologically defined space.
2. "trans-boundary phenomena" (pollution, fisheries, navigation)
3. no international legal system (interdependence) |
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Term
| What did UNCLOS establish? |
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Definition
| balance between sovereign rights/jurisdictions enjoyed by states, as well as their duties and obligations |
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Term
| functions of Int'l Law in ocean management |
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Definition
IL establishes:
1) jurisdictional rights, common objectives/expectations/behaviors,
2) institutional arrangements for ocean management,
3) dispute settlement mechanisms |
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Term
| ocean policy-making requires? (2) |
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Definition
1. consideration of impacts on domestic interests
2. consideration of interests/reactions of other states in terms of both comity (common courtesy) and law |
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Term
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Definition
1) allocation of resources (tax and spend: military, healthcare, infrastructure)
2) regulation of conduct (laws: economic, social, political)
3) settle disputes (**no mandatory means of international settlement) |
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Term
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Definition
| States are free to act without reference to a higher authority (key attribute of states in the int'l legal system: can be anarchy ("tragedy of the commons") |
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Term
| International Law (Past, Present, and Future) |
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Definition
-developed over time because it addresses urgent needs
-at a more primitive stage of development compared to domestic law
- subject to varying interpretations
- may be a tool to advance int'l cooperation and/or a tool to advance national rights and interests (minerals!, fish!, navigation!) |
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Term
| What is international law? |
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Definition
| the body of rules and principles of action which are binding upon civilized states in their relations with one another |
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Term
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Definition
-Int'l conventions (treaties)
-international custom (general practice)
-general principles of law
-judicial decisions and teachings |
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Term
| Vienna Convention on the law of treaties (1969) |
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Definition
-treaty on the int'l law of treaties
-"pacta sunta servanda" (treaty=binding) |
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Term
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Definition
-bilateral: two parties; create "particular" law (only binds them)
-multilateral: involve more than 2 (ie. UNCLOS)
-executed: provide for a single event (then its done)
-executory: "law making treaties" (continuous application) |
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Term
| Self-executing and non-self-executing treaties |
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Definition
S.E.- becoming a party to the treaty puts treaty obligations in motion
NSE- require enabling legislation (i,e, the pres going through congress to send aid money) |
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Term
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Definition
| essential players must be courted and accommodated (build political consensus among high impact players) |
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Term
| what is a "free rider"? consequences to treaty? |
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Definition
-a state that takes advantage of an agreement between other states by taking part in IUU fishing.
- consequence is that agreement could fall apart b/w the other states |
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Term
| Evolution of treaty law (2) |
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Definition
-codification: existing customary law (which binds all states, not just those in the treaty) gets written into treaties (now "declaratory" of existing customary law.
-progressive development: creation of new law ("conventional law") |
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Term
| Declaratory Provisions of a treaty |
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Definition
-binding on non-party states through customary law (i.e. US not part of UNCLOS, but we still have EEZs through declaratory provisions)
-withdrawal doesn't lessen their effect |
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Term
| Conventional provisions of a treaty |
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Definition
| can only be used by states that are bound by that particular treaty |
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Term
| Executive Agreements (US) |
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Definition
| agreement made between US executive branch and foreign state without senate ratification (way for pres to make a "treaty" without the senate voting) |
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Term
| stages in treaty formation (5) |
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Definition
| -realization of need and call for negotiation -negotiation (mutual consensus among players) -sign (provisional) -ratify (state becomes bound) -emergence of treaty systems to fill in the details and maintain relevance |
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Term
| What is a "reservation" to a treaty? |
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Definition
| state wants to exclude or modify certain provisions before signing, approving, ratifying, etc |
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Term
| What are three conditions where a state can NOT make a reservation to a treaty? |
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Definition
1) treaty prohibits reservation
2) treaty specifies only certain types of reservations
3) reservation is incompatible w/ treaty purpose |
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Term
| What do the "final clauses" of treaties address? (7) |
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Definition
1) condition for "entry into force"
2) reservations
3) authentic texts (translations)
4) who may be party (IGOs like the UN?)
5) withdrawal (denunciation clause: threat=political gain)
6) amendment (subsequent agreement)
7) relationship to earlier treaties |
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Term
| Where is there human presence in the arctic (7 answers) |
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Definition
| -idigenous, military, aviation, transportation, oil, fishing, tourism |
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Term
| What advantage did the Arctic pose for military activity during the cold war? (2 answers) |
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Definition
- everywhere is easily targetable from the arctic
-lots of background noise (bad for anti-sub warfare) |
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Term
| Name 5 ways global warming/melting of sea ice is affecting the Arctic |
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Definition
- new waterways (navigation/commerce)
- increased accessibility of hydrocarbon deposits
-growing presence of fish stocks
-continental shelf delimitation problem (who has rights to what)
-geopolitical implication (oil independence?) |
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Term
| Explain how the arctic is "politically hot" for canada, russia and the US |
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Definition
-canada (new icrebreakers will patrol, they also require registration for ships traveling in canadien arctic waters)
- russia (securing arctic resources "top priority" - flag incident)
-US (might ratify UNCLOS?, coastguard patrols, new research to assert claims) |
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Term
| conclusions about the arctic |
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Definition
| -arctic is subject to increasing national/international attention (new maritime transportation routes, energy, oil, fisheries) |
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