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The Best Review On The Planet > BLAW CHAPTER 5 > Flashcards

BLAW CHAPTER 5 Flashcards

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1
Q

What are the 2 branches of international law

A

-Public international law
-Private International law

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2
Q

Public international law

A

-The law governing relations among governments/ international organizations
-Laws of war, acquisition of territory, etc.
-Sea, environment, outer space
-Basic rules of human rights

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3
Q

Private International Law

A

-Applies to businesses and individuals in international commercial and legal transactions

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4
Q

What are the 2 fundamental questions of Private Law?

A

-Which law applies to a private government?

-How will people from one country settle their private disputes with parties on foreign soil?

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5
Q

3 major sources of international law

A

-Treaties
-Customs
-General Principles of Law

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6
Q

Binding, written agreement between 2 or more states or international organizations that states their duty to eachother

A

TREATY

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7
Q

Convention

A

A treaty on a specific issue that affects multiple participants

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8
Q

Adopted treaty

A

-When those who have drafted the treaty agree that it is in final form and ready to be ratified

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9
Q

Ratified treaty

A

-When a nation indicates its intent to be bound by the treaty

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10
Q

Customary international law

A

-Widely accepted way of doing something so over time the patterns of behavior/actions are crystallized into the rules

-BINDING ON ALL STATES UNLESS THEY SPECIFICALLY OBJECT OR ENACT A CONTRARY TREATY

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11
Q

Jus Cogens

A

AKA “Compelling Law”
-Norms that have attained the highest legal status in international law

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12
Q

General Principles of Law

A

-Legal norms existing among nations
-Binding on all states unless they specifically object or enact a treaty
-Based on mutual respect and courtesy

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13
Q

Comity

A

-When states share common values and public policy, they defer to the laws and judicial decrees of the other as long as they are fair

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14
Q

Soverignty

A

-A country’s absolute authority to rule its people and territory

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15
Q

Examples of general principles of law

A

-Comity
-Sovereignty
-Sovereign immunity

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16
Q

Sovereign Immunity

A

-The courts of one nation lack the jurisdiction to hear lawsuits against foreign governments as defendants

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17
Q

4 ACTORS IN INTERNATIONAL LAW

A
  1. States/Nations
  2. Regional alliances
  3. International organizations and dispute resolution
  4. Individuals
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18
Q

Actors of international law: States/Nations

A

-Most influential/most responsibilities
-Liable for breaches of their international obligations

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19
Q

Reparations of States/Nations

A

-The amends states must make to one another after a breach of international law
-Restitution
-Compensation
-Apology

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20
Q

Actors of international law: Regional alliances

A

-Collection of sovereign nations that band together for both political and economic reasons

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21
Q

Regional alliances: EU

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A

-European union
-Created the euro
-Created a unified foreign and security policy
-Created a common citizenship

22
Q

Regional alliances: USMCA

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A

-United States-Canada-Mexico agreement
-Digital trade is regulated
-Environmental regulations are easier to enforce
-Workers rights are protected
-Rules on intellectual property

23
Q

Actors of international law: International Organizations and dispute resolutions

24
Q

NGO

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A

-Nongovernmental organization
- an entity not affiliated with any government
-formed to provide services and advocacy on a range of issues

EXAMPLES: Red cross and save the children

25
IGO
-Intergovernmental organizations - supranational entity of states established by treaty EXAMPLES: Negotiations, arbitrations, submitting issues to international courts
26
The UNITED NATIONS
-193 countries -The UN Charter sets out the organizations governance -The secretariat- administers day to day operations -General Assembly- the lawmaking body, elects members -Security council- charged with maintaining international peace
27
5 permanent members of the United Nations
- China, France, Russia, UK, US
28
UNDER UN: WIPO
-World intellectual property organization -Protects intellectual property like patents, copyrights, internet domain names, etc.
29
UNDER UN: UNCITRAL
-UN commission on international trade law -Aims to harmonize by proposing model legislation on e-commerce and international payments
30
UNDER UN: IMF
-International Monetary Fund -Fosters worldwide economic growth and financial stability
31
UNDER UN: World Bank
-Mandate is to end poverty by encouraging development: loans money to the poorest countries
32
ICJ
-International court of justice -AKA World Court -Settles international legal disputes and gives advisory opinions to UN and its agencies -15 elected judges from 15 countries
33
Under GATT: National Treatment
Countries may not discriminate against foreign goods by imposing additional sales/taxes/standards that don't apply to domestic goods
34
GATT
-General agreement on Tariffs and Trade -Free trade- reduce trade barriers -Most favored nation- countries must treat all member states equally
35
WTO
-World Trade organization -Mission is to promote free flow of trade -Oversees trade rules and disputes among its members -Monitors national trade policies to ensure they dont unfairly protect domestic industries
36
International Chambers of Commerce
- Facilitates international business -Advocates on matters of international business policy and develops uniform rules to aid cross-border transactions
37
ICC- Incoterms rules
-Defines a series of three letter codes commonly used in international contracts for sale of goods
38
FOB
free on board -the buyer must pay for transportation
39
ICA
-International Court of Arbitration -Operated by the ICC, it hears over half the worlds private commercial disputes -Politically neutral
40
Decision of the ICA is called...
-Award -Enforced by domestic courts in 145 countries
41
Actors of international law: Individuals
-International Criminal Court prosecutes people who participate in genocide, war crimes, etc. -Court of last resort
42
Which statute governs the International Criminal Court?
Rome Statute
43
The 3 world legal traditions
1. Common Law 2.Civil Law 3. Religious Legal Systems (Shari'a)
44
Common law
-An adversarial process of dispute resolution presided over by an impartial judge -Stare Decisis
45
Civil Law
-An process of dispute resolution where the judge acts as an investigator -Courts base judgements on statues
46
Religious Legal Systems
-Islamic Law, or Shari'a -Business relationships, personal/family matters/daily life -Based on the Koran -Doctrines promote honesty and transparency
47
Extraterritorality
-The power of one nation to impose its laws in other countries
48
General Rule
U.S. statutes do not apply abroad unless the laws themselves explicitly say so
49
Foreign recognition
A decision by a court outside a country is legally valid inside
50
Foreign enforcement
A judgement rendered outside a country can be collected inside
51
Uniform Foreign Money Judgements Recognition Act
-US courts will recognize foreign judgements only if: -Award was based on a full and fair trial -Defendant was given opportunity to appear -Judgement was not fraudulent -The foreign court was proper forum to hear the case
52
CISG
-UN convention on contracts for the international sale of goods -Applies to contracts for sale of COMMERCIAL goods -Makes sales law more uniform and predictable -Contracts DO NOT need to be in writing

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