Term
|
Definition
1. War: declared and undeclared
2. Reprisal: Old days and today (retaliation)
3. Countermeasures: nonmilitary form of sanction (boycott, embargo), in response to a state's conduct
4. Gunboat diplomacy: threatening and intimidation
5. Low intensity conflicts: border wars, interventions, subversion
6. Economic sanctions: economic measures to bring about political change |
|
|
Term
| Three directives concerning the use of force in UN charter |
|
Definition
1. States may not use or threaten to use force (Art 2(4))
2. States may use force defensively when there is an "armed attack" (Art. 51)
3. UN Sec Council possesses legal monopoly on the use of force |
|
|
Term
|
Definition
1) Customary Int'l Law
2) Conventions or treaties
3) General Principles
4) Judicial decisions
5) Scholarly Writings
6) UN resolutions |
|
|
Term
| Chapter 7 procedure for authorizing use of force |
|
Definition
1. Article 39
2. Article 41
3. Article 42 |
|
|
Term
|
Definition
| Procedure for authorizing use of force.SC determines the existence of any threat to the peace, breach of the peace, or act of aggression |
|
|
Term
|
Definition
| 2nd procedure for authorizing use of force. SC authorizes use of nonmilitary measures to restore intl peace and security. i.e. econ sanctions, sever diplomatic ties |
|
|
Term
|
Definition
| 3rd procedure for authorizing use of force. If SC determines Art 41 measures inadequate, it may authorize the use of force to restore intl peace and security |
|
|
Term
| Anticipatory self defense |
|
Definition
| Rather than waiting for an armed attack (article 51) a state takes what it describes as defensive action to avoid some mounting aggression or threat by another state |
|
|
Term
| Instances of anticipatory self defense used by states |
|
Definition
Cuban missile crisis
six day war
israeli bombing of iraqi reactor
The "war on terror"
US war against iraq |
|
|
Term
| Legal requirements for Humanitarian intervention. 2 |
|
Definition
Article 2(7).
1. Consent of the target state
2. Security council authorization for intervention |
|
|
Term
| Definition of private humanitarian intervention |
|
Definition
| nonmilitary intervention by nongovernmental actors in the international affairs of a sovereign state for humanitarian purposes |
|
|
Term
| Rule for private humanitarian intervention |
|
Definition
| states must either provide humanitarian assistance to their own people or accept external assistance |
|
|
Term
| 2 UN GA resolutions on humanitarian intervention |
|
Definition
1. established a right of private groups to intervene to treat victims of armed hostilities/natural disasters
2. SC res authorized humanitarian assistance by private actors in iraq to assist kurds who were targeted by poison gas attacks |
|
|
Term
| Definition of lawful combatants |
|
Definition
| Laws of war (jus in bello). Those individuals in armies, militias, and the like who commit belligerent acts during wartime |
|
|
Term
| Geneva conventions relative to treatment of POWs for lawful combatants. 4 |
|
Definition
1. If captured, lawful combatants must be treated as POWs
2. As detainees, POWs are guaranteed certain protections
3. POW detention may only last until end of active hostilities
4. POWs must be repatriated without delay after the cessation of active hostilities |
|
|
Term
|
Definition
| US supreme court case. The privilege of the writ of habeas corpus does not extend to aliens captured on a foreign battlefield, tried and convicted by a military commission on foreign soil, and detained outside US territory |
|
|
Term
| Main questions of Boumediene v. Bush. 2 |
|
Definition
1. Does the president have the authority to suspend the rights of non-citizens during the war on terror?
2. Can nonresident alien detainees held at guantanamo challenge the legality of their detention in court? |
|
|
Term
| State sovereignty v. protection of human rights in UN charter |
|
Definition
1. Article 2(7): prohibits meddling in matters that are essentially within domestic jurisdiction of any state
2. Article 55(c): to promote universal respect for human rights and fundamental freedoms for all |
|
|
Term
| State discretion on human rights |
|
Definition
| enforcement of human rights are reserved exclusively to the states for implementation |
|
|
Term
| Regional human rights treaties. 2. |
|
Definition
1. Europe: European convention for the protection of human rights (ECHR) deals with civil and political rights
2. Latin america: OAS charter is a nonbinding declaration of principles. American convention on human rights produced inter-american commission on human rights, said individuals can file petitions against any state. US hasn't ratified |
|
|
Term
| Alien torts claim act. US and human rights |
|
Definition
| Allows a civil suit in US court between foreign citizens for human rights violations abroad. District courts have original jurisdiction over civil action committed in violation of the law of nations or a treaty of the US. |
|
|
Term
| Requirements of Alein torts claim act |
|
Definition
1. Defendant must be served in US
2. Parties must be aliens
3. Must be violation of well-established universally recognized norms of intl law |
|
|
Term
| ICC can generally exercise jurisdiction in these types of situations. 3 |
|
Definition
1. In cases where accused is a national of a state party
2. Alleged crime took place on the territory of a state party
3. a situation is referred to the court by the US SC |
|
|
Term
| ICC has opened investigations into 4 situations...list.... |
|
Definition
1. Northern Uganda
2. Dem Republic of Congo. 2 trials
3. Central African Republic
4. Darfur |
|
|
Term
| Dem Republic of Congo ICC trials were against... 2 |
|
Definition
1. Thomas Lubanga. militia leader
2. Germain Katanga and Mathieu Ngudjolo Chui. Militia leaders |
|
|
Term
| An ICC investigation may be commenced by.... 3 |
|
Definition
1. SC resolution
2. A state party to the Rome Statute
3. ICC prosecutor |
|
|
Term
| American service members' protection act measures. 2 |
|
Definition
1. Bans US involvement in arrest and extradition of persons, seizure of property, and taking of evidence
2. No ICC agent may conduct an investigation in the US, even if the accused is not a US citizen. |
|
|
Term
|
Definition
| Categories of territory. territory capable of being owned but not yet under sovereign control |
|
|
Term
|
Definition
| Categories of territory. territory that cannot be owned by any nation (antartica, high seas) |
|
|
Term
|
Definition
| Way to acquire dominion or control over land. Title to land derived from foreign occupation of a territory for some period of time without objection by the former occupant |
|
|
Term
|
Definition
| Ways of acquiring dominion or control over land. method for obtaining legal title to land as it slowly changes naturally |
|
|
Term
|
Definition
| Sub point of accretion. land. A sudden change cause by natural events. this does not affect the prior legal boundaries |
|
|
Term
| States and Internal waters in Law of the Sea treaty |
|
Definition
| A state has the sovereign right to control its bays, rivers, lakes, and internal waters |
|
|
Term
| Port tranquility doctrine |
|
Definition
| Law of the Sea treaty. either the laws of the flag state or the laws of the port state apply depending on whether the crime affects the port's tranquility |
|
|
Term
| Territorial sea extends how long |
|
Definition
| 12 miles from the baseline. |
|
|
Term
| Strait passage. Law of the sea |
|
Definition
| Vessels passing through a strait wider than 24 miles accross are permitted free passage through the high sees portion of such strait |
|
|
Term
| Requirements of strait passage |
|
Definition
1. must not be repugnant to interest of coastal states' contiguous zones and exclusive economic zones
2. vessels not subject to restrictive rules of coastal state
3. military and commercial vessels entitled to free transit |
|
|
Term
| Transit passage. law of the seas |
|
Definition
| Transit thru straits containing only territorial waters, but once contained high seas |
|
|
Term
|
Definition
1. extends 24 nautical miles from baseline
2. coastal state has limited jurisdiction over CZ. customs, immigration, fiscal, hovering drug laws.
3. Coastal state cannot limit free passage of CZ
4. Coastal state has to expressly declare its claim to jurisdiction over CZ |
|
|
Term
| Exclusive economic zone. law of sea |
|
Definition
| Extends 200 miles from baseline. Coastal state can regulate fishing, deep seabed mining. Cannot limit free passage |
|
|
Term
|
Definition
| Seabed and subsoil of submarine areas. extends 200-350 miles from baseline |
|
|
Term
| Deep seabed ("the area"). law of seas |
|
Definition
| beyond state jurisdiction. ocean floor and subsoil. common heritage of mankind. Governed by intl seabed authority |
|
|
Term
| Comparative advantage. trade theory. give definition and criticism |
|
Definition
States benefit from specialization and trade even if one has an absolute advantage in producing all products traded
Criticism: comp advantage results only from differences in labor productivity |
|
|
Term
|
Definition
| Almost killed by disputes over agriculture. North v. South on farm subsidies. US v. EU, CAP was a sticking point |
|
|
Term
|
Definition
Part of Uruguay round GATT.
1. cut tariffs on manufactured products
2. elimination of textile/apparel quotas
3. replaced quotas with tariffs on agriculture
4. Established WTO
5. Dispute settlement understanding
6. Established GATS, TRIPs, TRIMs, Safeguards, Subsidies and CVDs |
|
|
Term
|
Definition
1. one nation one vote
2. decision making is consensus followed by majority rule
3. director general (from any member country)
4. ministerial conference meets every 2 years
5. General council, oversees all the little sub WTO orgs
6. All sessions closed to public |
|
|
Term
| WTO dispute settlement process steps |
|
Definition
1. WTO member breaks rule/renegs
2. WTO member files formal complaint
3. panel is established, decision is rendered
4. Losing member can implement decision or file complaint |
|
|
Term
| Condition for formation of FTAs and CUs, article 24 |
|
Definition
1. must remove tariffs and other barriers in substantially all trade among members within reasonable period
2. must not raise tariffs and other barriers on the average towards other members |
|
|
