International law Flashcards
(33 cards)
What is international law?
International law is the body of law that governs the relationship between nation-states.
What does international law provide?
International law provides mechanisms for the maintenance of peace and security and the reduction of conflict.
What does international law cover?
International law covers fundamental human rights making it illegal to do such things as torture or commit genocide
What does international law rely on?
International law relies on countries consenting to cooperate in the enforcement of these laws
What is a nation-state?
A nation-state in the legal sense is an independent entity that is recognised by other nation-states on an international basis.
What must a nation-state have?
A defined territory, a permanent population an effective government and the capacity to enter into international negotiations.
What is meant by the term state sovereignty?
State sovereignty means that the state has the authority to make laws for it population and the power to enforce laws.
What are sources of international law?
- Treaties-Bilateral and multi-lateral2. Declarations3. Customary international law4. Legal decisions 5. Legal writings
What is a treaty?
A treaty is a voluntary agreement between nations and may cover any sphere of international relations between the parties. Parties who have signed the agreement abide to be bound by the conditions and rules established in the agreement.
What are the two types of treaties?
Bilateral treaties and Multilateral treaties
What is a bilateral treaty?
these are between two nations
What is a multilateral treaty?
treaties between two or more countries
What does ratify mean?
When a nation signs a treaty and agrees to be bound by it is said to ‘ratify’ it ( in Australia, we must then pass enabling legislation to incorporate the provisions of the treaty into our legal system
What are declarations?
These state the parties’ position on particular issues but do not impose legally binding provisions that must be followed. An example of this is the Universal declarations of human rights, which was signed following the events of the Holocaust in WW1
What was the declaration of human right the foundation for?
The declaration is the foundation for two binding UN human rights covenants (treaties)-The international covenant on civil and political rights and the international covenant on economic, social and cultural rights.
What is international law?
International custom is a rule that has been established by its long tradition and is followed by many nations.
Who decides upon international legal decisions?
The international court of justice. This court deals with most disputes involving international law. Many treaties designate the ICJ as the means of resolving disputes that arise under the treaty.
What plays an important role in guiding the decisions made?
The writings of respected international lawyers, judges and academics.
When was the united nations established?
The united nations was established in 1945 by the charter of the united nations
What are the Un’s main goals?
Maintain global peace and security to develop friendly relations among nations and to promote co-operation in solving international problems.
What does the UN General Assembly do?
The Un general assembly is made up of representatives of all member nations. It discusses and makes recommendations on the operation of the Un
What is the most powerful part of the UN?
The united nations security council and has the final say
What does the security council consist of?
The security council consists of five permanent members (The United Kingdom, The United States, Russia, China and France) There are also 10 non-permananet members
What is the International court of justice?
The International Court of justice is the main judicial organisation of the UN.
