International Law Study guides, Class notes & Summaries

Uti possidetis refers to: - ANSWER-States emerging from colonization succeed to existing administrative boundaries. The ICJ ruled that the island of Lete fell under which states authority? - ANSWER-Niger. Exclusive economic zones are up to ______ nautical miles from shore. - ANSWER-200 Each of these is a major maritime zone: - ANSWER-Contiguous Zone Continental Shelf Territorial Sea T/F: The flag state has exclusive jurisdiction over a vessel on the high seas. - ANSWER-True T/F:...

International Court of Justice - ANSWER-International Court that is unique because it has universal geographic jurisdiction and universal subject jurisdiction, states must submit to its authority 5 Stages of ICJ Dispute Hearing - ANSWER-1. Does the court have jurisdiction? 2. Is the complaint admissible? 3. Are there any interim measures or protections to address? 4. What are the merits of the complaint? 5. Is any compensation required? 3 ways a state consents to jurisdiction - ANSWER-1. J...

Public international law - ANSWER-The law of nations; a body of rules that nations consider to be binding in their mutual relations; based on the "consent" of the nation-state "Persons" with standing - ANSWER-international organizations, nations, NGOs, corporations, and individuals Private international law - ANSWER-a body of substantive law that a nation applies to private transactions that involve two different states (ex. breach of contract suit between corporations or individuals f...

what is international law? - ANSWER-rules that govern the relationship between states and international organizations Why is international law necessary? - ANSWER-The international realm is anarchic and each state has their own sovereignty - therefore conflicts are inevitable. Other issues such as climate change and terrorism need cooperation from more than one state in order to solve the issue What is private international law? - ANSWER-This is concerned with the clash between laws of dif...

What is John Austin's definition of law? - ANSWER-'A command issued by a sovereign backed by a sanction' What is International Law? - ANSWER-Int Law consists of 'rules' that govern relationships involving states and international organizations. What is another name for int law? - ANSWER-Public International Law` What does int law cover? - ANSWER-Int law covers war, human rights, refugee law, international trade, the law of the sea, environmental issues, global communications and ou...

Universal Jurisdiction - ANSWER-refers to the idea that a national court may prosecute individuals for any serious crime against international law — such as crimes against humanity, war crimes, genocide, and torture — based on the principle that such crimes harm the international community or international order itself, which individual States may act to protect. Example: Spanish law & courts used universal jurisdiction to charge Chilean dictator, Pinochet, with genocide (re: political opin...

monist approach - ANSWER-Approach is often used by civil law countries - Under the monist approach, there is no division between the international and domestic systems of law - The legal system is an organic whole, there is a continuum between the international and domestic levels - You can rely solely upon international treaties to make a case in these countries how is IL incorporated - ANSWER-International law is automatically incorporated into domestic law without any need for domestic ...

Treaty - ANSWER-A formal agreement between nations Embassy - ANSWER-The office of a country's diplomatic representatives in the capital city of another country Diplomatic Immunity - ANSWER-The exemption from prosecution a country's representatives enjoy while serving in another country. (Ambassadors and others cannot be prosecuted for a crime.) Extradition - ANSWER-The surrender of a person from one country to another country in which he or she is charged or convicted of a crime. ...

Definition (and nature) of PIL - ANSWER-PIL - area of law that deals with private law matters involving a foreign element --'private' e.g. contract, delict, UE, marriage/divorce, adoption + succession --'foreign element' connects a matter to more than one legal system e.g. parties could be domiciled or habitually resident in different countries; --or the event giving rise to the claim may have occurred abroad; --or a party may claim ownership of a moveable property that is situated ...

What is public international law? - ANSWER-law applicable on international community; tool to regulate the relations in international community through binding rules of conduct What is the International community? - ANSWER-originally interstate community → international law today: international recognition of an individual + creation and multiplication of international organizations It's no longer interstate but IL is about the role of states in international relations and about the in...