Conventions/Treaties/Articles Flashcards

Question

Rome Statute Art 12 - Jurisdiction of ICC

Answer 1

crimes committed by the national of a state party crimes committed on the territory of a state party

Answer 2

1. state party referral - art 12 jurisdiction, often self-referral 2. proprio motu - art 12 jurisdiction, chief prosecutor can refer case 3. UNSC referral - from resolution, no art 12 jurisdiction

Answer 3

ICC has jurisdiction if national jurisdiction is unable or unwilling to prosecute - ability - capacity and structural ability - willingness - genuine commitment to having a trial, does not include truth commissions

Answer 4

Gives federal courts original jurisdiction over claims brought by anyone, anywhere that arises out of a violation of customary international law Today, war crimes, crimes against humanity, torture, & genocide are all clearly covered by the ATS

Answer 5

presumption of immunity for foreign sovereigns, must fit into exception - commercial activities, takings/expropriations, material support of terrorism, jus cogens norms does not create a private right of action by itself

Answer 6

1. both states agree that ICJ has jurisdiction on ad hoc basis 2. treaty has clause to go to ICJ in case of dispute 3. grant of general jurisdiction to ICJ

Answer 7

any foreign judgment will be enforced in any other state party. no need for conclusiveness

Answer 8

Tariff barrier - customs duty, tax, fine at border Non-Tariff barriers - quoats, subsidies, process-based concerns

Answer 9

public health measures, lower level of scrutiny under NAFTA

Answer 10

safety, protection of environment/consumers/life state needs to point to scientific, logical viability of standard must apply equally to everyone

Answer 11

state can command consultation, request meeting with NAFTA commission, arbitration

Answer 12

no private right of action

Answer 13

individual companies can sue when state directly weakens or eliminates investment five protections 1. national treatment 2. most favored nation 3. minimum standard of treatment - no investor can be treated in a way that departs from fair trade and equitable treatment under customary international law 4. Performance requirements 5. ban on expropriation - bans on direct or de facto takings - unless public purpose, non-disc basis, due process, compensation

Answer 14

same as NAFTA ch 9 tariff in question has to not constitute arbitrary/unjustifiable discrimination and cannot be a disguised restriction on international trade

Answer 15

does not say what the substantive law should look like, just that existing domestic law should be enforced

Answer 16

Any member of the public can file a submission to the NAFTA secretariat that a governmental agency in US, Canada, or Mexico is failing to enforce its domestic environmental law

Answer 17

Permits if NAFTA secretariat believes that the submission warrants the development of a factual record, the secretariat can make that factual record publicly available. It can do so upon a 2/3 vote

Answer 18

Persistent pattern: sustained or recurring action or inaction that begins after entry of force to the side agreement Effectively enforced: not enforcing the law that is on the books. There is an exception when a state can show that its decision not to effectively enforce a specific environmental law is made because of good faith budgetary choices or good faith investigatory discretion.

Answer 19

consultation requirement

Answer 20

1. Issue initial report 2. State can reply to report 3. After reply, panel can issue final report 4. Specific enforcement

Answer 21

State agrees what compliance would look like and fails to do it The state says, “I don’t agree with what you’re saying is compliance.” “I won’t do it” Remedies - fine, action plan, suspension of benefits under NAFTA

Conventions/Treaties/Articles Flashcards

(45 cards)