- Study guides, Class notes & Summaries

Many countries have entered into agreements to facilitate trade with certain regions of the world. Two examples of these Regional Trade Communities are the European Union (EU) and Central American Common Market (CACM). - ANSWER-True The most important multilateral trade treaty is probably the General Agreement on Tariffs and Trade (GATT). - ANSWER-True The World Trade Organization (WTO) is a global organization dealing with the rules of trade among nations. - ANSWER-True The legal doctr...

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3 pages

Written in 2023/2024

Grade A+

lectknancy

What are the characteristics of the horizontal structure of international law? [multi-select] Fully sovereign states Compulsory jurisdiction Reciprocity Decentralized - ANSWER-decentralized, Fully sovereign states, Reciprocity Which of the following is an example of the vertical structure of international law? [multi-select] European Union NATO GATT ICJ UNSC - ANSWER-ICJ, European Union What's the difference between a monist and dualist state? - ANSWER-A monist state is where i...

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11 pages

Written in 2023/2024

Grade A+

lectknancy

International law is principally concerned with: - ANSWER-Legal norms that operate among nations (or "states") In what way(s) is international different from national law? - ANSWER-International law is largely decentralized The horizontal structure of international law is - ANSWER-Decentralized as it focuses on fully sovereign states The vertical structure of international law is - ANSWER-a. Complex as it can focus on how national laws relate to international law b. Centralized as it...

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9 pages

Written in 2023/2024

Grade A+

lectknancy

Public international law - ANSWER-the law of the international society and is a body of rules governing interstate relations, relations between states and international organizations, inter-international organization relations, some aspects of private relations. It is also a law that governs some aspects of the relationship between an individual and its own government/state. Ubī societās ibī iūs - ANSWER-where there is society, there is law Interstate relations - ANSWER-governed by pub...

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8 pages

Written in 2023/2024

Grade A+

lectknancy

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:...

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6 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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6 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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23 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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5 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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6 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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11 pages

Written in 2023/2024

Grade A+

lectknancy

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 ...

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4 pages

Written in 2023/2024

Grade A+

lectknancy

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. ...

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7 pages

Written in 2023/2024

Grade A+

lectknancy

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 ...

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83 pages

Written in 2023/2024

Grade A+

lectknancy

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...

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16 pages

Written in 2023/2024

Grade A+

lectknancy

Filartiga v. Pena - ANSWER-Officials who violate the rights of their own citizens can be brought to justice in US courts under Alien Tort Act Jus Cogens - ANSWER-A Preemptory norm of international law from which there can be no derogation. Sources of International Law/Article 38 of the ICJ Statute - ANSWER-Treaties Customs General principles of law recognized by civilized nations Judicial decisions and the teachings of the most highly qualified publicists of the various nations [but not...

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17 pages

Written in 2023/2024

Grade A+

lectknancy

What are the sources of international law? - ANSWER-The Statute of ICJ 38.1: 1. International treaties 2. International customs 3. The general principles of law recognized by civilized nations 4. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. What is the international community? - ANSWER-Subjects of international law = Actors submitted to the rule of IL What is a legal p...

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17 pages

Written in 2023/2024

Grade A+

lectknancy

What, if any, is the difference between 'Conflict of Laws' and 'Private International Law'? - ANSWER-There is no significant difference between "conflict of laws" and "private international law." These terms are often used interchangeably to refer to the branch of law that deals with legal issues that involve more than one jurisdiction, such as determining which law applies to a particular case, and how to enforce foreign judgments. Private international law (also known as conflict of l...

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3 pages

Written in 2023/2024

Grade A+

lectknancy

__________ Law sources include... • constitutions • legislative bodies • statutorily authorized rule making by government agencies and officials • judicial decisions • custom - ANSWER-Domestic _________ law sources include... • treaties • international custom • general principles of law • judicial decisions and scholarly legal writing. • the resolutions and other pronouncements of the UN General Assembly - ANSWER-International 5 sources of International ...

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5 pages

Written in 2023/2024

Grade A+

lectknancy

Even when IL is broken, - ANSWER-this does not derogate from its authority To understand IL, one must - ANSWER-have some knowledge of world politics: it is the politics and not the IL of any situation which provides the context through which one should understand the law and its application Roy Smitt, 2004 - ANSWER-Politics and law appear to be intertwined in contemporary international relations; we must struggle to understand their complex interplay Henken - ANSWER-IL is the law of the...

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12 pages

Written in 2023/2024

Grade A+

lectknancy

Private International Law - ANSWER-Part of State's domestic law and is utilized to determine the legal system applicable to a dispute and which the jurisdiction will resolve. Public International Law* - ANSWER-Comprises rules and norms that regulate the conduct of States and other entities which at any time are recognized as being endowed with International Personality. Characteristics of International Law - ANSWER-- States are equally Sovereign - founded by the practice of States and ag...

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5 pages

Written in 2023/2024

Grade A+

lectknancy