Term
|
Definition
| Body of rules that nations consider to be binding in their mutual relations |
|
|
Term
|
Definition
| Body of substantive law that a nation applies to transactions that involve two different private states |
|
|
Term
| Are states required to defend the interests of their citizens in private int'l disputes? |
|
Definition
|
|
Term
|
Definition
International Custom
Int Conventions/Treaties
General Principles
Judicial Decisions
Scholarly Writings
UN Resolutions |
|
|
Term
| 4 Elements to establish Customary int law |
|
Definition
Duration/passage of time
Substantial uniformity/consistency of usage by states
generality of the practice/degree of abstention
opinio juris |
|
|
Term
|
Definition
| Most important aspect of intl law. intl recognition that the particular custom is binding |
|
|
Term
| International Conventions/Treaties |
|
Definition
| Written agreement of rights and obligations concluded b/t states and governed by intl law |
|
|
Term
|
Definition
A permanent population
A defined territory
Effective government
Capacity to enter into relations with other states |
|
|
Term
| Capacity to enter into foreign relations with other states |
|
Definition
| Most important aspect of the definition of statehood. Only NATIONAL gov's can engage in foreign relations matters |
|
|
Term
|
Definition
| A state's willingness to establish official relations with another state or gov |
|
|
Term
| Three types of recognition |
|
Definition
Decision to recognize another "state"
Decision to recognize the new gov't of another state
Recognize a condition of belligerency or rebellion in another state |
|
|
Term
| Duty to remain neutral includes |
|
Definition
Not taking sides or assisting either party in the conflict
Not allowing its territory to be used as a base for hostilities by either side
declaring a change in status of the conflict
acquiescing to restrictions imposed by the parties
accepting responsibility under intl law for any violation of duty of neutrality |
|
|
Term
|
Definition
| One state takes over the territory or gov of another state, which ceases to exist |
|
|
Term
|
Definition
Conquest
Merger (East & West Germany)
Occupation
Independence and Partition |
|
|
Term
| Doctrine of Habitual Residence |
|
Definition
| Successor state confers its citizenship on those who were citizens of the succeeded state |
|
|
Term
| Secession and clean slate |
|
Definition
| states that have seceded from others enjoy a "clean slate" except for certain treaties that embody CIL |
|
|
Term
| Three elements triggering state responsibility |
|
Definition
Existence of a legal obligation under int law
Act or omission that violates said obligation
Loss or damage caused by breach of the obligation |
|
|
Term
| Types of sovereign immunity and their definitions |
|
Definition
Absolute: total immunity from suit in other states
Restrictive: entity owned/operated by the state in commercial/private capacity is not immune |
|
|
Term
| Foreign Sovereign Immunities Act Exceptions |
|
Definition
Private Commercial Activities
Property ownership in US voids immunity
Tort Exception
Waiver: Treaty, contract, appearance
Bad Boys Exemption from blacklisted states |
|
|
Term
|
Definition
| To maintain international peace and security through the means of collective security |
|
|
Term
| Stated purpose of UN sec council |
|
Definition
| To maintain intl peace and security and to act on behalf of all member states |
|
|
Term
| Functions of the UN Gen Assembly |
|
Definition
Admitting new members
Electing nonmembers to Sec Council, ECOSOC, etc.
Appointing judges to ICJ
Appointing Secretary-General on the recommendation of SC |
|
|
Term
| Noncompulsory Jurisdiction |
|
Definition
| States must consent to be a party to ICJ rulings |
|
|
Term
| Three ways to nationally declare ICJ's jurisdiction |
|
Definition
Unconditionally
For a period of time
On the condition of "reciprocity" |
|
|
Term
| No Stare Decisis in ICJ rulings means... |
|
Definition
| decisions legally bind only the immediate parties to a dispute |
|
|
Term
| 3 ways to acquire nationality |
|
Definition
Parents: jus sanguinis
Birth: jus soli
Naturalization |
|
|
Term
|
Definition
| A person fearing persecution due to race, religion, nationality, social group or political opinion that is: 1)outside home country and 2)unwilling to return to that state |
|
|
Term
|
Definition
| Duty of nonreturn. States can't forcibly return refugees to home state if their life is in danger |
|
|
Term
|
Definition
| Asylum seekers must arrive in the territorial waters of the US and request asylum to avoid return |
|
|
Term
|
Definition
| State of incorporation has capacity to represent corporation in intl proceedings |
|
|
Term
|
Definition
| Most common principle of extraterritorial jurisdiction. Jurisdiction is based upon the location of the defendant's act. |
|
|
Term
|
Definition
| Conduct starts outside state X and has effects within state X |
|
|
Term
|
Definition
| Part of extraterritorial jurisdiction. State may regulate the conduct of its citizens, even if said conduct occurs outside the state |
|
|
Term
| Passive Personality Principle |
|
Definition
| Part of extraterritorial jurisdiction. The least used principle. Jurisdiction is based on the nationality of the victim when crime occurs outside procesuting state's territory |
|
|
Term
|
Definition
| Part of extraterritorial jurisdiction. Conduct must threaten the security, territorial integrity, or political independence of the state. Allows for prosecution of citizens and noncitizens outside of state. There need not be any actual "effects" within said state |
|
|
Term
|
Definition
| Part of extraterritorial jurisdiction. Jurisdiction is based solely on the nature of the crime, and covers crimes considered to be committed against all nations (i.e. slavery, torture, genocide) |
|
|
Term
| US Exceptions to Extraterr Jurisdiction |
|
Definition
Political Question Doctrine: Judicial branch of gov should not resolve controversies that fall within the province of political brances of gov
Act of state doctrine: Avoids judicial resolutions of challenges to conduct of foreign leaders/govs within their own territory |
|
|
Term
| Political Offense Exception |
|
Definition
| Exception to extradition. Extradition can be denied when requested state classifies crime as "political offense" (ambiguous) |
|
|
Term
|
Definition
| Exception to extradition. Extradition denied where the laws of the requesting state are perceived to violate human rights |
|
|
Term
|
Definition
| Intl agreement in writing AND governed by intl law |
|
|
Term
|
Definition
| Intl agreement requiring no further action to impose binding obligations on signatories. Instantly incorporated into both intl law and internal law of treaty members. Most bilateral treaties are this |
|
|
Term
|
Definition
| Intl agreement setting forth standards of achievement for all parties. Requires individual state action after signing. Aren't self executing--->multi-lateral treaties |
|
|
Term
|
Definition
| Part of treaty observance. State must not act in a way that would frustrate the purpose of a treaty it has signed/ratified. i.e. tardiness in assertion or passage of conflicting internal laws |
|
|
Term
|
Definition
| Part of treaty observance. When circumstances beyond the control of the parties necessitate the alteration of a treaty commitment. |
|
|
Term
| 5 tests for change in circumstances of a treaty |
|
Definition
The change must be fundamental
change must be unforseeable at time signed
Must involve a radical change in observation for the party terminating
Must still be obligations to perform
Cannot involve land boundaries |
|
|
Term
|
Definition
| Part of treaty termination/suspension. Treaties terminate or expire on their own terms |
|
|
Term
|
Definition
| Part of treaty termination/suspension. A later treaty is silent about the continued validity of a previous treaty on the same subject will void the previous treaty. OR if CIL supercedes a treaty |
|
|
Term
|
Definition
| Part of treaty termination/suspension. Treaty may be terminated if there is permanent disappearance or destruction of an object indispensable for the treaty's execution |
|
|
Term
|
Definition
| Intent to destroy a national, ethnic, racial, or religious group through: 1)killing members 2)causing serious bodily or mental harm to members 3)inflicting conditions of life upon the group meant to bring about its destruction 4) measures to prevent births within the group 5)forcibly transferring children out of the group |
|
|
Term
|
Definition
| a preremptory norm from which no state may deviate. law or norm that is accepted by the intl community |
|
|
