Learning Unit 1: Defining Epochs Flashcards

(31 cards)

1
Q

What does the term ‘epochs’ refer to?

A

A particular point/period in history

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2
Q

What is international law?

A

The law between states (countries). It regulates the external relations between states.

SG page 2

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3
Q

Who are the subjects of international law?

A

States

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4
Q

What type of relations can states have with each other?

A

Bilateral or multilateral

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5
Q

Define bilateral relations in the context of international law.

A

Relations between one state and another

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6
Q

Define multilateral relations in the context of international law.

A

Relations involving several states cooperating with one another or as members of an international organization

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7
Q

Are private individuals subjects of international law?

A

No

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8
Q

Who invented the term ‘international law’?

A

Jeremy Bentham

Bentham introduced the term in his book ‘An Introduction to the Principles of Morals and Legislation’ in 1789.

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9
Q

What did Bentham believe international law applied to?

A

Relations between states

This view established the concept of international law in the nineteenth century.

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10
Q

What is the primary focus of international law?

A

Regulating external relations between states

This includes both bilateral and multilateral relations.

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11
Q

What are the two types of relations states can have under international law?

A
  • Bilateral (one state to another)
  • Multilateral (several states cooperating)

Multilateral relations can occur under treaties or within international organizations.

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12
Q

What development after World War II influenced the view of subjects in international law?

A

Development of international human rights law

This led to arguments that individuals have become subjects of international law.

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13
Q

What caution should be taken regarding individuals as subjects of international law?

A

The relationship between the state and the individual remains a public law matter

Human rights protection does not change the nature of this legal relationship.

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14
Q

What distinguishes ‘public international law’ from ‘private international law’?

A

‘Public international law’ regulates state relations, while ‘private international law’ resolves conflicts in private law between individuals

Private international law is also known as ‘conflict of laws’.

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15
Q

What is the primary purpose of the international legal order?

A

To define and delimit the spheres of authority for sovereign states

This helps states defend their interests.

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16
Q

What historical event is referred to by ‘Westphalian institutions’?

A

The Peace of Westphalia in 1648

This event marked the establishment of the modern state system.

17
Q

What are the three core principles accepted by the Peace of Westphalia?

A
  • Principle of state sovereignty
  • Principle of legal equality of states
  • Principle of non-intervention

These principles govern interstate relations and remain valid today.

18
Q

True or False: International law only applies to countries.

19
Q

What are the two main types of international law?

A

Public international law and private international law.

20
Q

Multiple Choice: Which of the following is NOT a source of international law? A) Treaties B) Custom C) Domestic law D) Judicial decisions

A

C) Domestic law

21
Q

Fill in the blank: The __________ Court is the principal judicial organ of the United Nations.

A

International Court of Justice

22
Q

Multiple Choice: Which of the following is an example of a jus cogens norm? A) Right to self-determination B) Right to contract C) Right to property D) Right to privacy

A

A) Right to self-determination

23
Q

True or False: Customary international law arises from the consistent practice of states.

24
Q

Fill in the blank: __________ is the ability of states to govern themselves without external interference.

25
Multiple Choice: Which of the following is NOT a function of international law? A) Regulating trade B) Establishing peace C) Creating domestic laws D) Protecting human rights
C) Creating domestic laws
26
True or False: International law can be enforced by national courts.
True
27
What is 'soft law' in the context of international law?
Non-binding agreements or declarations that influence state behavior.
28
Multiple Choice: Which body is primarily responsible for enforcing international law? A) World Trade Organization B) International Criminal Court C) United Nations Security Council D) International Monetary Fund
C) United Nations Security Council
29
How old is international law as we know it today?
International law is relatively new, only some 400 to 500 years old. ## Footnote This contrasts with the historical aspects of international law, which date back much further.
30
What role did colonialism play in the development of international law?
Colonialism played an important role in eliminating contributions of pre-colonial African kingdoms to the practice of international law. ## Footnote This highlights the often overlooked impact of African customary law on international relations.
31
What are the roots of modern-day international law?
Modern day international law has its roots in European common law. ## Footnote This development often ignored the contributions of African customary law.