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Exam Three Flashcards

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1
Q

Just War Theory

A

When is it right to go to war?

Limit the frequency of war and restrain conduct.

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2
Q

Criteria for legit force

A 
Threat
Purpose
Last Resort
Proportional Means
Balance of Consequences
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3
Q

Jus ad Bellum

A

Governs when force may be used.

Covers the right to wage war and when war is legit.

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4
Q

Jus in Bello

A

Governs how force can be used and outlines off limits behavior
Covers what is going on IN war in the middle of war.

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5
Q

Positivist Law and Intervention

A

There is no positivist law that allows intervention.

Requires customary practice (OJ)

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6
Q

Genocide Convention

A

1948, defines genocide and deems acts of genocide to be punishable

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7
Q

Definition of genocide

A

Violent acts with intent to destroy a group

Preventing births, transferring children, creating conditions to destroy a group.

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8
Q

Peacekeeping operations

A

No aggressor identified. Not only military operations, also development work, no authorization for force

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9
Q

Caroline Test

A

PIN
Defense must be (P)roportionate to attack
(I)mmediate
(N)ecessary to attack

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10
Q

Humanitarian intervention

A

Human rights based legality for intervention. Right for states to intervene to protect human rights
Not an obligation, but a discretionary right.

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11
Q

Geneva Laws

A

Geneva laws protect people not taking part in active combat.

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12
Q

Hague Laws

A

Banned certain weapons to adhere to the principles of discrimination.

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13
Q

Emmerich de Vattel

A

Questions if wars are just
Non combatants should be spared
forbid the use of poisoned weapons for unnecessary suffering

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14
Q

Lieber Code

A

Code of rules to wage war by

Supported Lincoln in 1863, became accepted by other states

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15
Q

Nuremberg Trials

A

First treaty based on the definition of intl criminal offenses
Creation of Crimes against Humanity

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16
Q

IHL as Criminal Law

A

Security Council established ad hoc criminal tribunals

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17
Q

ICC

A

International Criminal Court

Only signatories to the Rome Statute

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18
Q

ICC Jurisdiction

A 
Genocide
Crimes against humanity
War Crimes
Crimes of aggression
Principle of complimentary
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19
Q

Principle of Complimentary

A

Only has jurisdiction when a state’s legal system is unable to carry out an investigation

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20
Q

Res Communis

A

Territory that is incapable of being owned. It belongs to no one and must remain available for all to use

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21
Q

Law of the Sea

A

Balancing the freedom of seas and state jurisdiction

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22
Q

Sea Resources

A

Limit to coastal territory

high seas are res communis

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23
Q

Principles of the High Seas

A

Freedom of the Seas

Jurisdiction follows flag

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24
Q

ICHS

A

Convention of the High Seas

Established International Sea Bed Authority

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25
ICHS
Convention of the High Seas | Established International Sea Bed Authority
26
UNCLOS
UN Convention on the Law of the Sea Provides freedom to Navigate, fly over, lay cables, fisheries, research, islands Only for peaceful purposes
27
The Deep Sea Bed
Res Communis | Benefits of the sea bed should benefit all, but are managed by the sea bed authority
28
US and UNCLOS
We don't follow UNCLOS. | We don't have access to the tribunals and what not
29
Space?
Whoever owns the soil it is theirs up to heaven and down to hell
30
CCIA
Chicago Convention of International Aviation Rules of airspace and waht not Military aircraft must have permission to enter.
31
ICAO
International Civil Aviation
32
Space Legal History
Affirmed as Res Communis 1967 Treaty makes GA Principles binding Liability Convention
33
International Environmental Law Principles
Conservation Good neighbor Polluter pays
34
Bering Sea Arbitration
Placed universal obligation on protecting resources
35
Trail Smelter Case 1935
Good neighbor (preventative measure) and Polluter pays
36
Pulp Mills 2010
Hold precautionary principle. | If there's no proof it's dangerous, we don't regulate.
37
Treaties on Endangered Species
Convention of Biological Safety CITES IRW
38
IRW
International Convention for Regulation of Whaling | 15 Year moratorium on commercial whaling
39
Australia + New Zealand
Initiated proceedings against Japan at ICJ in 2010. Ruled Japan's whaling to be contrary to intl law.
40
Stockholm Conference 1972
Created UNEP + Stockholm Declaration
41
Stockholm Declaration
First global statement affirming there is a responsibility to preserve the environment
42
Principle 21
Customary law Sovereign right to exploit Don't harm the environment
43
Rio Conference
Held a variety of conferences on environmental protection.
44
Rio Declaration (3)
Sustainable development common responsibility Precautionary principle
45
Agenda 21
Non-binding plan for sustainable devleopment, such as the WSSD 2002
46
Montreal Protocol
Reducing CFC Emissions | Super success, expected recovery by 2050
47
Kyoto Protocol
Legal obligation with objective to lower emissions Unit - pay system Mainly failed bc US isn't party
48
Paris Agreement of 2015
Intended to replace Kyoto Protocol.
49
International Trade andn Cooperation
Public good, a practice that benefits all like enforcing speeding.
50
GATT
General Agreement on Tariffs and Trade | Created out of post war liberal order.
51
GATT decisions
Long negotiations, consensus, disputes through boards.
52
WTO
World Trade Organization | 164 Member state
53
WTO Principles
Most Favored Nation | National Treatment
54
Tuna Dolphin Case of 1990
Product v. Process Rule | Mexico filed a complaint claiming US fishing regulations violated GATT
55
Sea Turtle Case 1998
US Endangered Species Act of 73 | Decided against the US because of discriminatory application of the rule.
56
Dualism
IL impacts states and their interactions. Domestic actors are only impacted if IL is transposed into domestic legislation.
57
Monism
Sees IL and DL as branches of the same tree. Creates Universal Order IL should prevail and shape DL Should be self-executing
58
What makes IL effective?
National constitution of legal tradition | Language of treaty
59
Courts of Danzig 1928
Tried to use intl agreements to fight for their rights
60
Medellin Case 2008
Mexican criminal did not have international right to Vienna Convention. It was therefore not self-executing. Treaty was not binding
61
Operation Opera
Israel blew up Iranian reactor. Blew up out of fear of military. UNSC said it wasn't self-defense.
62
Oil Platforms 2003
Destruction of oil platforms was not a PROPORTIONATE response.

International Law (3 decks)

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