International Law Study guides, Class notes & Summaries

The two theories in international and national law are - ANSWER-Monism and Dualism. The monist theorist believe that the international and domestic law - ANSWER-form one legal system and that international law is hierarchically superior. Domestic=national - ANSWER-municipal law Monist theory contends that there is a single system of law - ANSWER-and part of its element in international law alongside all the various branches of domestic law. Branches of domestic law - ANSWER-branches ...

Treaty (def) - ANSWER-an international agreement in writing and governed by international law Treaties (description) - ANSWER--can be between states and international organizations -can be written or oral Bilateral Treaty - ANSWER--establishes mutual rights and obligations between two states (affects only the parties involved) Multilateral Treaty - ANSWER--International treaty between three or more states 1969 Vienna Convention on the Law of Treaties - ANSWER--deals only with writte...

State - ANSWER-Term to describe a country or nation considered to be an organized political community under one government International Law - ANSWER-The set of rules countries follow in dealing with each other. Domestic Law - ANSWER-Are laws that affect people in their Daily lives, they are specific to one country. United Nations - ANSWER-The United Nations is a diplomatic and political international organization whose stated purposes are to maintain international peace and security, d...

Law - ANSWER-Consists of a series of rules regulating behavior, and reflecting, to some extent, the ideas and preoccupations of the society within which it functions. Law is that element which binds the members of the community together in their adherence to recognized values and standards. It is both permissive in allowing individuals to establish their own legal relations with rights and duties, as in the creation of contracts, and coercive, as it punishes those who infringe its regulations...

International Law - ANSWER-A body of principles, norms, and processes which regulates the relations of states and other international person, and governs their conduct affecting the interests of the international community of states as whole. J.L. Briely - ANSWER-defined international law as the body of rules and principles of action which are binding upon civilized states in their relations with one another. the laws of peace, the laws of war, and the laws of neutrality - ANSWER-Grand Div...

International Law Definition - ANSWER-International law is that body of rules which prescribes the reciprocal rights and duties of nation-states in their mutual relations and which governs generally the actions of nation-states in their interface with one another Characteristics State - ANSWER-The state as a person of international law should possess the following qualifications: A permanent population A defined territory government capacity to enter into relations with the other states ...

Grotius Natural Law - ANSWER-Restitution must be made for a harm done Promises through signature or treatise must be kept International Law typically includes - ANSWER-Relations b/w states Status, rights, and duties of individuals, Status, rights, and duties of certain kinds of organizations and corporations International Trade Cultures, Norms, Benchmarks/goals Actors - ANSWER-States (primary), NGOS, orgs, corps and individuals Henkin's theory - ANSWER-Law is politics Austin's...

South West Africa cases - ANSWER-ICJ - difference between law and politics Right of Passage over Indian Territory - ANSWER-Customary legal norms need not be universal in scope. ICJ stated that long continued practice between two States accepted by them as regulating their relations' can form the basis of mutual rights and obligations between those states. Constant and uniform practice on the part of the rulers of India of allowing free passage to Portuguese individuals, civil officials a...

Which of the following best describes different sources of international law? - ANSWER-treaties, decisions of state courts, U.N. resolutions forum Non Conveniens ___ - ANSWER-involves situations where there is more than one country has legal jurisdiction and a choice can be made between the two jurisdictions. Allowing and accepting the enforcement of foreign judgements in the U.S. is _____ - ANSWER-important for due process and fairness but is not automatic depending on which foreign state...

Peremptory norm - ANSWER-Norm that is accepted and recognized by the international community of states from which no derogation is permitted (fundamental principle of international law) Threat of force - ANSWER-Is considered a form of 'coercion' and is not legal (deterrence of a threat does not make it legal either) —> is prohibited under Article 2(4) of the UN Charter Example —> when the US threatened to use force against the Syrian gov in 2013 (unlawful because no UNSC author...