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International Law > Lesson 2 > Flashcards

Lesson 2 Flashcards

1
Q

5 Key Historical Background Events to the Creation of the UN?

A

(1) League of Nations 1919
(2) Declaration of the United Nations 1942
(3) Conference Dumbarton Oaks 1944
(4) Conference of Yalta 1945
(5) San Francisco Conference 1945

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2
Q

UN Charter Structure - 4 Parts

A

(1) Dogmatic: Purpose and Principles
(2) Organic: Membership, Organs, Amendment of the Charter, Entry in Force
(3) Functional: Pacific Settlement of Disputes, Use of Force, International Cooperation. etc.
(4) Annex: Statute of the International Court of Justice

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3
Q

5 Key Points Related to the Importance of the UN Charter

A

(1) Set a New International Order (Prohibition Use of Force)
(2) Superior Hierarchy Over other International Treaties
(3) Team “Charter Used in Domestic Constitutions
(4) Universality: open to all States
(5) Purposes: Values of the International Community

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4
Q

What Article of the UN Charter Stipulates that the UN Charter is Superior to Other International Treaties?

A

Art. 103

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5
Q

Which Article of the UN Charter Stipulates the Purposes?

A

Art. 1

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6
Q

What are the 4 Purposes of the UN?

A

(1) to maintain international peace and security
(2) to develop friendly relations among nations based on respect for the principle of equal rights and self determination of peoples
(3) to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights
(4) to be a centre of harmonizing the actions of nations int the attainment of these common ends

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7
Q

Which Article of the UN Charter Stipulates the Principles?

A

Art. 2

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8
Q

What are the 7 Principles of the UN?

A

(1) Sovereign Equality of States
(2) Good Faith
(3) Peaceful Settlement of International Disputes
(4) Prohibition of the Threat or Use of Force in International Relations
(5) Assistance of Member States to the UN
(6) Authority of the UN among States which are not Members to Act in Accordance with these Principles
(7) Non-Intervention of the United Nations in matters which are essentially within the Domestic Jurisdiction of any state.

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9
Q

Which Article of the UN Charter Deals with Original Members?

A

Art. 3

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10
Q

What are Original Members?

A

States that took part in the negotiations of the Charter and Signed and ratified it, or States that previously signed the 1942 Declaration by the United Nations + Signed and ratified of the Charter

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11
Q

Which Article of the UN Charter Deals with the Requirements? (i.e., admission conditions of new members)

A

Art. 4

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12
Q

Requirements? (i.e., admission conditions of new members)

A

(1) States: Issue of Recognition
(2) Must be Peace-Loving States
(3) Must Accept the Obligations of the Charter
(4) Must be Able and Willing to Carry Out these Obligations

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13
Q

Does the Un Accept other IO as members?

A

No - must be a state

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14
Q

What is the Admission Procedure for the UN?

A

(1) The SC makes a recommendation
(2) The General Assembly decides by a 2/3 majority

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15
Q

What are the two types of Limited Membership?

A

(1) Observer status: participation in meeting with voice but no voice (Palestine)
(2) Consultative status: NGOs

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16
Q

What are the 3 types of termination of membership in the UN?

A

(1) Expulsion
(2) Withdrawal
(3) Suspension

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17
Q

Which Article of the Un Charter Provides for Member Expulsion?

A

Art. 6: may expel a member that persistently violates the Principles of the Charter

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18
Q

Which Article of the Un Charter Provides for Member Suspension?

A

Art. 5: possibility of sanctions, suspicion of rights and privileges of membership (no voting)

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19
Q

What is the Policy of “Empty Seat”?

A

instead of withdrawing from the IO, the member may decide to not participate in the activities of the organization

20
Q

Example of “Empty Seat”?

A

France withdrew from the debate of UNGA in 1962 regarding the situation of Algeria

21
Q

What are the Principal Organs UN?

A

(1) General Assembly
(2) Security Council
(3) The International Court of Justice
(4) Economic and Social Council (ECOSOC)
(5) The Secretariat
(6) The Trusteeship Council (not functioning)

22
Q

How are Decisions Adopted by the General Assembly?

A

Adopted by 2/3 Votes (Important Decisions) or Simply Majority (Other Decisions)

23
Q

What Article of the UN Charter Limits the General Assembly?

A

Art. 12 - While the SC is exercising in respect to any dispute or situation, the GA shall not make any recommendation about that dispute or situation unless the SC so requests.

24
Q

What Article of the UN Charter Provides Information on the Actions of the GA?

A

Art. 10 - may discuss any questions or any matters within the scope of the Charter and adopt recommendations including about international peace and security

25
Q

What is the SC Composed of?

A

P5: China, France, Russian Federation, the United Kingdom, and the United States
10 Non-Permanent - elected two-year terms by the General Assembly

26
Q

What Article Discusses the Responsibility of the SC?

A

Art. 24.1: maintenance of international peace and security

27
Q

What Article Discusses the Capacity of the SC?

A

25: adopt binding decisions

28
Q

How many members of the SC?

A

15

29
Q

Chapter VI

A

Functions of Peaceful Settlement of Disputes

30
Q

Chapter VVI

A

Adoption of Coercive Measures, authorization of the collective use of force

31
Q

What is a Substantive Decisions?

A

2/3 Votes + P5

32
Q

What is a Procedural Decisions?

A

2/3 Votes

33
Q

How many judges sit on the International Court of Justice?

A

15

34
Q

Who elects the judges of the International Court of Justice?

A

the GA and the SC

35
Q

Where is the International Court of Justice Based?

A

The Hague

36
Q

How many members sit on the ECOSCO?

A

54

37
Q

How long are members elected to sit on the ECOSOC?

A

3 years

38
Q

What is the mandate of the ECOSCO?

A

economic, social, cultural and educational issues

39
Q

What are the 6 Principal Organs of the UN?

A

(1) General Assembly
(2) Security Council
(3) Secretariat
(4) ECOSOC
(5) International Court of Justice
(6) Trusteeship Council

40
Q

What are 3 Subsidiary Organs of the UN? (examples)

A

(1) International Law Commission
(2) Ad hoc International Criminal Tribunals for former Yugoslavia and Rwanda
(3) Committee 1540 against proliferation of weapons of mass destruction

41
Q

What is the Secretariat?

A

the Chief administrative officer of the Organization

42
Q

What can the SG do? under which article?

A

Art. 99: bring attention of the SC any matter which in their opinion may threaten the patience of international peace and security

43
Q

How long is the mandate of the SG?

A

5 years

44
Q

When did the Trusteeship stop functioning?

A

1994

45
Q

What are Specialized Agencies? Under which art. 57?

A

Art. 57: international organizations that conclude an agreement with the UN and has a mandate about economic, social, education, health, and related fields

International Law (22 decks)

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