Term
|
Definition
| vague language so you can come away with a deal between multiple nations, while also allowing for emergence of unforeseen situations |
|
|
Term
| Principles of Treaty Interpretation (4) |
|
Definition
1. good faith - commense sense application of treaty wording
2.Subsequent agreements - takes into account increased knowledge and experience
3.Subsequent Practice
4. Supplementary means of interpretation |
|
|
Term
|
Definition
| Preamble, Operative Part, Final Clauses (amendment, entry into force, denunciation) |
|
|
Term
| What are the three ways a state can respond to a customary law claim? |
|
Definition
1. Can oppose claim through diplomatic Protest
2. Explicitly endorse/copy the claim
3. Acquiesce in claim which assumes the state agrees |
|
|
Term
| How are treaties more effective than Customary law? |
|
Definition
1. Can be developed in a more timely fashion
2. Can be more precise and detailed
3. Can create needed programs and institutions
4. Strongly favored by developing states |
|
|
Term
| When do general principles of law recognized by civilized nations take precedent? |
|
Definition
| Where there is no treaty or customary practice |
|
|
Term
|
Definition
| Legally binding obligations based in treaty or customary law |
|
|
Term
|
Definition
| Quasi-legal instruments emerging from IGOs and meetings that do not have binding force but may well have political significance |
|
|
Term
| Seven ways of enforcing International Law |
|
Definition
1. Inquiry
2. Protest
3. Negotiations
4. Retorsion
5. Reprisal
6. War
7. Application to UN security council |
|
|
Term
|
Definition
1. before reprisal can be taken, there must be a previous act contrary to international law
2. request for redress that is not satisfied
3. reprisal must be proportional to offense |
|
|
Term
| Types of Third Part Dispute Settlement (4) |
|
Definition
International commission of inquiry
Mediation/conciliation- third party mediator, not binding
Arbitration - third party mediator, binding
Adjudication - use of standing court system to judge the matter |
|
|
Term
| Arbitration Compromis addresses: |
|
Definition
1. Agree who will arbitrate (can only operate when both parties agree to jurisdiction)
2. What are arbitrators asked to do?
3. Is decision based on International Law or Equity
4. Determine binding nature or award
5. Apportionment of costs |
|
|
Term
|
Definition
advisory - decisions are not binding
contentious - decisions are binding |
|
|
Term
| Three types of Contentious Cases? |
|
Definition
Special agreement - compromis
Compromissory Clause - Jurisdiction is only pertains to States involved in the treaty
Optional Clause of ICJ Statute |
|
|
Term
|
Definition
| land that is owned by no one, but is still subject to ownership |
|
|
Term
|
Definition
| land that is owned by everyone; or land belonging to no one but is not subject to ownership |
|
|
Term
| Five means of acquiring territory |
|
Definition
Discovery/occupation
Prescription(exercise of authority that is not protested)
Accretion (slow, natural process which adds land)
Cession (one state obtains property from another)
Conquest |
|
|
Term
|
Definition
losing property through negligence
similar to squatters rights |
|
|
Term
|
Definition
| acquiring property through occupation without protests |
|
|
Term
|
Definition
| Sedimentation adds to addition of sovereign land |
|
|
Term
|
Definition
| River Law - law that governs river boundaries between States |
|
|
Term
|
Definition
| sedimentation into boundaries causes the boundary to move |
|
|
Term
|
Definition
| rapid change in the river (earthquakes causing rivers to move) the boundary does not move and remains where it was before avulsion |
|
|
Term
|
Definition
| domestic law cannot override international law |
|
|
Term
|
Definition
| Convention for the Conservation of Antarctic Marine Living Resources |
|
|
Term
| What does the CCAMLR strive to accomplish? |
|
Definition
-Collect/analyze living resource data
-Take full account the recommendations of scientific committee
-Identify conservation needs/adoption measures
-Set total allowable catches
-Designate seasonal restrictions and protected species
-Utilize gear and effort restrictions |
|
|
Term
| What does the Convention on the Regulation of Antarctic Mineral Resources Activities do? |
|
Definition
-Determines claims to oil and who has operational rights.
-Covers all land and continental shelves south of 60 degrees S
-Provides for regulation of mineral activities through a new international commission
-Provides environmental protection criteria, safeguards, inpection |
|
|
Term
| Guidance for visitors to the Antarctic |
|
Definition
- do not feed, touch or handle birds or seals
-do not damage plants
-do not bring non-native plants or animals
-don't litter
-do not collect or take away biological or geological specimens |
|
|
