cours Flashcards
1
Q
What is the primary focus of the final exam?
A
Engagement with a practical legal problem from a legal and geopolitical perspective
2
Q
How does cobalt relate to climate change?
A
Cobalt is used in Lithium batteries, necessary to fight climate change
3
Q
What is a supply chain also known as?
A
Global value chain
4
Q
What does the supply chain connect?
A
Producing sites with consuming sites
5
Q
What is a significant issue for Europeans regarding the supply chain?
A
Dependency on Congo and China for components
6
Q
What is the investment risk associated with Congo?
A
Warlordism
7
Q
Fill in the blank: Laws have an ______ scope meaning US courts can have jurisdiction on what happens elsewhere.
A
extraterritorial
8
Q
What separates the individual from the head of the corporation in a lawsuit?
A
Corporate veil
9
Q
What is an investment treaty?
A
A contract over preferential terms of exchange
10
Q
What can corporations do if a government enacts legislation against their interests?
A
Sue governments through arbitration
11
Q
What is the question raised about international law?
A
Is it solving problems or creating more of them?
12
Q
Why is understanding global politics important for international law?
A
There is no escaping law
13
Q
What should be analyzed through a political spectrum according to the text?
A
Law
14
Q
What does the push to decolonize international law aim for?
A
To make it less imperialistic, more universal and democratic
15
Q
What is the relationship between colonialism and international law primarily about?
A
Sovereignty
16
Q
What does international law provide?
A
Means of legitimacy
17
Q
What is a key characteristic of law in the context of colonialism?
A
It is embedded in previous dynamics of power
18
Q
What is the term used instead of race in international treaties?
A
Non-discrimination
19
Q
What role does law play in promoting non-discrimination?
A
Transformative role
20
Q
What is essential to look at to understand the role of international law?
A
Legacies of colonialism and imperialism
21
Q
What does the balance of power within Europe refer to?
A
Toleration
22
Q
What is a result of the codification of international law in the 19th century?
A
Scramble for Africa
23
Q
What was required by the Berlin Act of 1884?
A
Acquisition of land be accompanied by effective occupation
24
Q
What is the concept of terra nullius?
A
Doctrine of vacant lands
25
What was the justification for colonial expansion according to the text?
Preserve European power equilibrium
26
What did the League of Nations restrict?
Membership to European states
27
What was a significant part of post WWII politics?
Decolonization
28
What does gunboat diplomacy refer to?
Obtaining compensation by former colonies through embargo
29
What is a major point of contention regarding Africa and international law?
Lack of representativeness in ISDS
30
What term describes the transformation from a welfare state to a techno-feudalist society?
Privatization of public assets
31
What was the impact of the debt crisis in the 1980s on the global south?
Collapse of the state
32
What did the World Bank state regarding civil ruling?
Private ownership and NGOs are better at managing public needs
33
True or False: International law has been completely effective in promoting equality among individuals since the 1960s.
False
34
Fill in the blank: The sacred principle of ______ was prevalent during the time of the League of Nations.
national sovereignty
35
What does the term 'neo-colonial tool of domination' refer to?
Fear of political use of international law
36
What does the history of international law attempt to reconcile?
Colonial powers and the rights of individuals
37
What is the consequence of the expansion of bureaucracy without expenditure stabilization?
Massive debts in states such as Algeria, Congo, or Ghana
## Footnote
This issue arose particularly due to the need for qualified staff in bureaucratic systems like the judiciary after the departure of European personnel.
38
What did the World Bank assert regarding state governance post-debt crises?
States have no good for civil ruling; private ownership and NGOs are better at managing public needs
## Footnote
This assertion was part of a broader neoliberal narrative that gained traction during periods of state collapse.
39
Which organization was the only true NGO in France during the 1960s?
La Ligue des Droits de l’Homme
## Footnote
Despite being the only true NGO, it lacked significant power.
40
Who created Amnesty International and what was its main objective?
Peter Benenson; to create a human rights equivalent to the ICRC for humanitarian law
## Footnote
Amnesty International aimed to advocate for human rights and media awareness.
41
What crime was highlighted by the Pinochet regime?
Disappearance
## Footnote
This crime gained attention through media coverage by the mothers of the disappeared individuals.
42
How can tension be expressed in the context of human rights?
As the difference or discrimination between state and individual
## Footnote
This highlights the ongoing struggle between governmental authority and individual rights.
43
What principle do organizations like Médecins sans Frontières emphasize?
Sovereignty, universality, and individuals as the foundation of equality
## Footnote
Their intervention in crisis situations, such as the Biafra blockade, showcased their commitment to these principles.
44
What is isomorphism among INGOs?
Adoption of similar practices among International Non-Governmental Organizations
## Footnote
This phenomenon can lead to homogenization in approaches to similar issues.
45
What are the two markets described in relation to advocacy organizations?
Market 1: Local groups providing resources to transnational advocacy organizations; Market 2: Advocacy organizations marketing human rights products to donors and the public
## Footnote
These markets illustrate the dynamics of funding and resource allocation in international advocacy.
46
True or False: Donors completely shape the demand for advocacy.
False
## Footnote
Advocacy also plays a role in determining the internationalization of issues and fundraising.
47
What does the 'responsibility to protect' signify in international law?
A right to humanitarian intervention in cases where a state fails to protect its population
## Footnote
This norm raises questions about sovereignty and international obligations.
48
What does the term 'just war' refer to?
A war deemed legitimate based on moral or legal grounds
## Footnote
This concept originated from Thomas Aquinas and has evolved in its application.
49
What was the role of the Permanent Court of Arbitration established in 1899?
To facilitate the peaceful resolution of international disputes
## Footnote
It was initiated by Tsar Nicolas II of Russia as part of efforts to promote peace.
50
What are the two core elements of international dispute settlement?
* State Consent to Dispute Settlement
* Free Choice of Means of Settlement
## Footnote
These principles emphasize the voluntary nature of dispute resolution in international law.
51
What types of disputes can occur in international law?
* Legal disputes
* Situational disputes
* Political disputes
## Footnote
Different types of disputes require different approaches to resolution.
52
What is the purpose of mediation in diplomatic dispute settlement?
To facilitate negotiation between conflicting parties
## Footnote
An example includes Norway and Sweden's involvement in the Israel-Palestinian conflict.
53
What does judicial dispute settlement include?
* Adjudication
* Arbitration
## Footnote
These methods provide formal processes for resolving disputes through legal means.
54
What is a significant challenge to judicial settlement in international law?
Lack of compulsory jurisdiction
## Footnote
Both the Permanent Court of International Justice and the Permanent Court of Arbitration lack compulsory jurisdiction over states.
55
What is the significance of the ICJ's advisory opinions?
They can be submitted against international organizations and quasi-State entities
## Footnote
This highlights the broader applicability of the ICJ's jurisdiction beyond just recognized states.
56
What factors contribute to the authoritativeness of an international court?
* Legitimatory value of decisions
* Expertise of judges
* Quality of judicial reasoning
## Footnote
These elements help ensure that international courts are respected and recognized.
57
What case exemplified the ICJ's ruling against a state for misusing a scientific program?
Whaling in the Antarctic (Australia v. Japan)
## Footnote
In this case, Australia accused Japan of masking commercial whaling as scientific research.
58
What was the outcome of the 'Arctic Sunrise' case?
Russia was ordered to release Greenpeace activists but initially ignored the ruling
## Footnote
The activists were later released under a political amnesty, despite Russia not formally recognizing the ICJ's decision.
59
What case did the Netherlands bring against Russia in ITLOS?
The 'Sunrise' Case (Kingdom of the Netherlands v. Russian Federation)
## Footnote
Greenpeace activists were arrested by Russia for protesting Arctic oil drilling.
60
What was the ruling of ITLOS regarding the 'Sunrise' Case?
Russia must release the ship and activists and pay compensation.
61
How did Russia respond to the ITLOS ruling in the 'Sunrise' Case?
Initially ignored the ruling but later released the activists under a political amnesty.
62
What historical tribunal followed the Nuremberg Tribunal?
Tokyo trials.
63
What did the disintegration of the former Yugoslavia and the Rwandan genocide confirm?
The need for an International Criminal Court (ICC).
64
What is the Rome Statute?
The treaty establishing the International Criminal Court and outlining core crimes in international criminal law.
65
What core crimes are defined under Article 5 of the Rome Statute?
* Genocide
* Crimes against humanity
* War crimes
* Aggression
66
Who described core crimes as 'most heinous offences'?
Antonio Cassese.
67
What makes a crime a core international crime?
* Harms fundamental interests of the whole international community
* Universally ratified
* Attains treaty rules or customary law status
* Individual responsibility and subject to punishment
68
What did the draft Code for Crimes against Peace in 1990 advocate for?
* Apartheid
* Racism
* Economic intervention
* Criminalization of nuclear weapons
69
What is genocide defined as?
Acts committed with intent to destroy a national, ethnical, racial, or religious group.
70
What are the five acts that constitute genocide?
* Killing members of the group
* Causing serious bodily or mental harm
* Deliberately inflicting conditions of life calculated to destroy the group
* Imposing measures to prevent births
* Forcibly transferring children
71
What is the intent required for genocide?
Dolus specialis.
72
What does 'crimes against humanity' refer to?
Acts aimed at the entire civilian population, knowledge of organizational policy required.
73
How are war crimes defined under the Rome Statute?
Conduct committed in the context of and associated with an armed conflict.
74
What is the definition of aggression in the context of the ICC?
Planning, preparation, initiation, or execution of an act of aggression by a person in a position to exercise control.
75
What are the requirements for ICC jurisdiction?
* Personal jurisdiction (over 18)
* Subject matter jurisdiction (core crimes)
* Geographical and temporal jurisdiction
76
What is the principle of non-refoulement?
No refugee shall be returned to a country where they would be at risk of persecution.
77
What does the 1951 Refugee Convention define?
It provides the internationally recognized definition of a refugee and outlines their rights.
78
What important change did the 1967 Protocol make to the Refugee Convention?
Removed geographic and time-based limitations, expanding protections universally.
79
What are the exceptions to refugee status under the Refugee Convention?
* Crimes against peace, war crimes, or crimes against humanity
* Voluntary return or acquisition of new nationality
* Receiving protection from other UN organs
80
What is the significance of the Nansen Passport?
First internationally recognized identity document for stateless refugees.
81
What was the role of the International Refugee Organization (IRO)?
Specialized agency for refugee support post-World War II.
82
What does ecocide mean?
Mass damage or destruction to ecosystems committed with knowledge of the risks.
83
What is the principle of non-refoulement?
No refugee shall be returned to a country where they would be at risk of persecution
## Footnote
Art 33, Refugee Convention
84
What does the term 'non-refoulement' etymologically mean?
To drive back or to repel
## Footnote
Derived from French 'refouler'
85
In which convention was non-refoulement first referred to?
Article 3 of the 1933 Convention relating to the International Status of Refugees
86
What exceptions to non-refoulement are outlined in Article 33 (2) of the 1951 Convention?
Refugees can be returned if they are a danger to national security or have been convicted of a serious crime
## Footnote
These grounds are considered exceptions to the non-refoulement principle
87
What are the three purposes of refugee protection?
* Voluntary repatriation
* Resettlement
* Local integration
88
What dynamic exists between Global North and Global South states regarding refugees?
Global North states provide aid to Global South states to manage refugee crises
## Footnote
Global South states may leverage their position for material gain
89
True or False: Many states in the Middle East and Asia have signed the Refugee Convention.
False
## Footnote
Many have not signed the Convention
90
What significant legal development affected migration in the early 20th century?
The introduction of the passport system
91
What was the situation of the Huguenots that led to their migration?
They fled religious persecution after the revocation of the Edict of Nantes
92
What was the estimated number of uprooted people in Europe by 1926?
Almost 10 million
93
What major political events caused displacement after the First World War?
* Collapse of the Ottoman Empire
* Overthrow of the Tsar in Russia
* Fall of the Austro-Hungarian Empire
94
What are the two primary positions regarding the right to claim asylum?
* Human rights position (Hugo Grotius)
* Statist view (Samuel Pufendorf)
95
What does Hugo Grotius argue about refugees?
Refugees are victims of unmerited persecution and have a right to claim asylum
96
According to Samuel Pufendorf, who has the discretion to grant refugee status?
The state
97
Fill in the blank: The refugee problem is one aspect of a larger conversation about _______.
[mobilities]
98
What is one of the earliest documented instances of migration discussed?
The migration of the Huguenots from France
99
What narrative surrounds the Huguenots in the UK?
They are seen as gifts from France contributing positively to the country
100
What change occurred in the nature of migration conversations after the First World War?
Migration was influenced by political, ethnic, and religious factors, not just religious persecution
101
What is a significant aspect of refugee status determination?
It is often influenced by the state of origin rather than the capacity of the receiving state
102
What do states worry about regarding refugees and asylum seekers?
They may pose a threat to national security
103
What were the political causes of displacement discussed?
Something about the causes of displacement had changed.
104
What significant change occurred with the First World War regarding refugees?
A lot of intervention from international organizations.
105
What did the UN commit to after the First World War?
Creating rules for refugee protection.
106
Who was appointed as the first High Commissioner for refugees?
Frischtof Nansen.
107
In what year was Frischtof Nansen appointed High Commissioner for refugees?
1961.
108
What communities did Nansen study for refugee rights?
Russian and Armenian refugees.
109
What are the three elements integral to Nansen's understanding of who a refugee is?
* Particular national identity
* No longer enjoys the protection of their state
* Has not acquired another nationality.
110
What were the identity certificates created by Nansen called?
Nansen passports.
111
What was the first international attempt to create a framework for refugees?
Convention relating to the status of refugees in 1933.
112
What is transitional justice?
The range of judicial and non-judicial mechanisms aimed at dealing with a legacy of large-scale abuses of human rights and/or violations of international humanitarian law.
113
What common origin points for transitional justice are identified in discourse?
* Nuremberg trial
* Argentina’s Dirty War
* Ancient Athens trials.
114
What was the first official use of the term ‘transitional justice’?
In reportage on the 1992 Salzburg conference.
115
What did the 1988 Aspen conference aim to address?
How successor governments should deal with the crimes of their predecessors.
116
What was the period of state terrorism in Argentina known as?
Argentina’s Dirty War.
117
How many political dissidents were hunted down during Argentina's Dirty War?
22,000 to 30,000.
118
What was the outcome of the Full Stop Law of 1986 in Argentina?
It ended new prosecutions of human rights violators.
119
What characterizes the choices made in transitional justice?
The quality of justice rendered by new leaders replacing authoritarian predecessors.
120
What are the forms of transitional justice measures?
* Criminal tribunals
* Truth commissions
* Amnesty and local reconciliation
* People’s tribunals
* Local justice processes (gacaca)
* Reparations
* Commissions of inquiry.
121
What is the difference between retributive and restorative justice?
Retributive focuses on punishment, while restorative aims at repairing harm.
122
What is the purpose of the gacaca courts in Rwanda?
To try genocide suspects and reintegrate offenders into communities.
123
What does reparation mean in the context of transitional justice?
Provision of payment or assistance to someone who has been wronged.
124
What was the Amnesty Decree Law passed in Chile in 1978?
It shielded individuals from prosecution for human rights violations.
125
What is Mato Oput?
A traditional approach to forgiveness and reconciliation specific to the Acholi people.
126
What was the mandate of the South African TRC?
To establish a complete picture of gross violations of human rights.
127
What are people's tribunals?
Forums of justice set up by social justice movements.
128
What is the corporate turn in transitional justice?
Linking physical integrity rights with economic, social, and cultural rights.
129
What is a critique of transitional justice conceptual frames?
They may internalize eurocentric structures they critique.
130
What case study is used to illustrate transitional justice in Sri Lanka?
Lessons Learnt and Reconciliation Commission set up in 2009.
131
What is transitional justice?
Transitional justice refers to the ways countries emerging from periods of conflict and repression address large-scale or systematic human rights violations.
132
What did Davidovic and Turner's research find about transitional justice scholarship?
Less than 10 percent of the most highly cited transitional justice scholarly titles are written by scholars based in the Global South.
133
What case study is mentioned in relation to transitional justice?
Sri Lanka, specifically the Lessons Learnt and Reconciliation Commission set up in 2009.
134
Define 'global commons'.
Global commons denotes areas and natural resources that are not subject to the national jurisdiction of a particular state but are shared by other states or the international community.
135
What are some examples of global commons?
* Air
* High seas
* Outer space
* Moon
* Polar regions
136
Who devised the concept of 'common goods'?
Hugo Grotius (1583–1645).
137
What are the two kinds of common property according to Grotius?
* Property that cannot be occupied
* Property that serves one person but suffices for the common use of others
138
What does the 'tragedy of the commons' refer to?
A situation where individuals with access to a public resource act in their own interest, depleting the resource.
139
Who first coined the term 'tragedy of the commons'?
Garret Hardin in 1968.
140
What did José León Suarez conclude about the law of the sea in 1926?
It was mainly to establish police measures and ensure reciprocity and commerce, regardless of biological interests.
141
What significant treaty was established in 1982 regarding the sea?
The Convention on the Law of the Sea.
142
When was the ban on commercial whaling imposed?
Effective beginning in 1986.
143
What does the Outer Space Treaty (OST) establish?
General principles for the use and exploration of outer space.
144
What does the Outer Space Treaty declare about outer space?
It shall be the province of mankind and not subject to national appropriation.
145
What is the Antarctic Treaty?
A treaty that forms the core of international governance for Antarctica, established in 1959.
146
What is the role of the Arctic Council?
A high-level forum for intergovernmental cooperation among the eight Arctic countries.
147
What does climate change impact?
It has serious implications for the global ecosystem and can cause a sixth mass extinction event.
148
What are the four types of justice related to climate issues?
* Distributive
* Procedural
* Corrective
* Social
149
What was a key outcome of the Stockholm conference of 1972?
The emergence of principles such as the prevention of transboundary harm.
150
What does 'common but differentiated responsibility' (CBDR) refer to?
The principle acknowledging that developed and developing countries have different capabilities and responsibilities in addressing environmental issues.
151
What is 'carbon colonialism'?
The rapid extraction of fossil fuels compensated through offset policies harming traditional communities and biodiversity.
152
What was significant about COP15 in Copenhagen?
Developed countries pledged a specific target of raising a minimum of US$100 billion annually as climate finance for developing countries by 2020.
153
What is eco-incarceration?
The locking of indigenous people in their connection to land and harmony with nature.
154
Fill in the blank: The term 'tragedy of the commons' was first used in _______.
1968.
155
True or False: The Arctic region has a specialized international regime similar to Antarctica.
False.
