TD ANGLAIS Flashcards

Question

what did justice john harlan mean when he said our constitution is color blind ?

Answer 1

the constitution does not recognize racial differences

Answer 2

a law statinf that one drop of black ancestry classified a person as black

Answer 3

de facto segregation

Answer 4

it ended segregation in schools

Answer 5

the 13th amendment

Answer 6

segregation in public spaces

Answer 7

brown vs board of education

Answer 8

the right to vote for all male citizens

Answer 9

to fight for racial equality and end discrimination

Answer 10

no longer valid or enforceable

Answer 11

a black man who sued for his freedom but was denied citizenship

Answer 12

they required businesses to provide seperate facilities for black and white customers

Answer 13

the 13th 14th and 15th amendments

Answer 14

father of the utilitarism « Every law is an infraction of liberty. » « The question is not can they reason nor can they talk but can they suffer ? » « The power of the lawyer is in the uncertainty of the law. »

Answer 15

To qualify as a subject, a state has to be sovereign : It needs a territory, a population, a government, and the ability to engage in diplomatic or foreign relations (ex : US states, counties, French départements or provinces are not subjects of international law)

Answer 16

International law confers rights and obligations on intergovernmental international organizations and even on individuals (ex : the United Nations, Individual responsibility & the prosecution of war criminals) Beyond a mere collection of rules : it is a rapidly developing complex of rules and influential - though not directly binding - principles and practices. International law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors. The study of international law, or public international law, is distinguished from the field of conflict of laws, or private international law, which is concerned with the rules of municipal law - as international lawyers term the domestic law of states - of different countries where foreign elements are involved.

Answer 17

may authorize the use of force, but only in specific and limited circumstances (a prior act or threat of aggression). - enforcement actions can be vetoed by any of the council's five permanent members (China, France, Russia, the United Kingdom, and the United States). - - 10 non-permanent members, 5 of which are elected each year by the General Assembly for a two-year term. no standing UN military : the forces involved must be assembled from member states on an ad hoc basis (the Blue Helmets).

Answer 18

2100 bce (before common era) : treaty between the rulers of Lagash and Umma (in the area of Mesopotamia). One of the earliest cooperative agreements. the jus gentium (law of nations) : invented by the Romans to govern the status of foreigners and the relations between foreigners and Roman citizens. In accord with the Greek concept of natural law (a system of right or justice held to be common to all humans and derived from nature rather than from the rules of society, or positive law, i.e. ius positum), which they adopted, the Romans conceived of the jus gentium as having universal application. after 500 years of warring following the collapse of the western Roman Empire (5th century ce), a group of nation-states emerged, and a number of supranational sets of rules were developed to govern interstate relations, including the law merchant (which governed trade), and various codes of maritime law. 15th century : European explorers spread European norms throughout the world and broadened the intellectual and geographic horizons of western Europe. The subsequent consolidation of European states with increasing wealth and ambitions, coupled with the growth in trade, necessitated the establishment of a set of rules to regulate their relations. 16th century : the concept of sovereignty provided a basis for the entrenchment of power in the person of the king.

Answer 19

cut out teology from international law and organized it into a comprehensive system in De jure belli ac pacis 1625 Grotius emphasized the freedom of the high seas, a notion that rapidly gained acceptance among the northern European powers that were embarking upon extensive missions of exploration and colonization around the world. expansionist and industrial 19th century : the notion of state sovereignty was reinforced by the ideas of exclusive domestic jurisdiction and nonintervention in the affairs of other states. - 20th century : impact of two world wars, the resulting growth of international organizations.

Answer 20

Environmental issues have led to a number of international treaties, including agreements covering fisheries (1958), endangered species (1973), the ozone layer (1987 and 1992), biodiversity (1992), and global warming (starting in 1992). The establishment of the International Criminal Court (2002), with jurisdiction over war crimes, crimes against humanity and related matters marked a major step forward in international law.

Answer 21

Before the 19th century, intervention was an ordinary policy matter within the foreign affairs of a state. The first country that adopted the concept of non-intervention was France, which incorporated it in Article 4 of the Constitution (Sur le droit de paix et de guerre - May 22, 1790). However, a declaration issued in November 1792 by the French government in which it claimed its right to intervene in certain cases (where interference proved necessary to assist in other people's struggle for liberty) showed that the codification of the principle did not restrict its own right to interfere in the inner affairs of other states. At the end of the 18th century, Immanuel Kant in his work Perpetual Peace, A Philosophical Essay (Zum ewigen Frieden) laid emphasis on the principle of non-intervention. Nonetheless, some states continued to formulate laws or adopted treaties mentioning the grounds for invention. ex : in 1815, the Holy Alliance (monarchies of Austria, Prussia and Russia) claimed the right to intervene in cases of European revolutionary governments for reasons of legitimacy

Answer 22

President James Monroe warned European powers to not attempt further colonization, military intervention or other interference in the Western Hemisphere, stating that the United States would view any such interference as a potentially hostile act. After 1870 : increasingly broader interpretation of the Monroe Doctrine. As the United States emerged as a world power, the Monroe Doctrine came to define a sphere of influence. 1904 : Pres. Theodore Roosevelt added the Roosevelt Corollary, which stated that in cases of flagrant and chronic wrongdoing by a Latin American country, the United States could intervene in that country's internal affairs. After World War I, the United States expressly declared that any change in state borders achieved by forcible means would not be recognized.

Answer 23

(founded on January 10th, 1920 at the Paris Peace Conference) : “If there should arise between Members of the League any dispute likely to lead to a rupture, the Members of the League agree that they will submit the matter to the Council. [...] The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate”. After World War II, the UN Charter emphasized the increasing cooperation among nations. States could intervene in the affairs of others without the use of force, which led to the development of the principle of indirect intervention through political, economic, and diplomatic means.

Answer 24

art.2§4 and art.2§7 of Chapter I : prohibit UN or state intervention into the domestic affairs of a state: ➢ art.2§4 : All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. ➢ art.2§7 : Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

Answer 25

art.39 : The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. ➢ art.41 : The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations ➢ art.42 : Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security.

Answer 26

United Nations Protection Force (1992 to 1995): Intervened in Croatia and Bosnia-Herzegovina during the Yugoslav Wars : - 39,000 personnel deployed - - 167 fatalities Mandate : ensure safe conditions for peace talks and ensure three demilitarized UN Protected Areas United Nations Stabilisation Mission in Haiti (2004 to 2017): - 2366 military personnel and 2533 police officers - Mandate : increase security and protection during the electoral period and assist with the restoration and maintenance of the rule of law, public safety and public order. United Nations Mission in Sierra Leone (1999 to 2005) : - 17,500 military personnel (maximum strength) - Mandate : help with the implementation of the Lomé Peace Accord to end the civil war and protect civilians from threat of physical violence. ➢ art.51 : self-defence

Answer 27

Assessing Article 51 : It is sufficiently vague to allow states to assert their right to self-defense without escalating a conflict. While either side in a conflict may see the other as the aggressor acting beyond mere self-defense, Article 51 is vague enough that neither side can prove the other has acted offensively. This vagueness can aid in, if not the de-escalation of conflicts, preventing the rapid escalation of conflicts. Example of the use of Article 51 to prevent escalation : On February 10th, 2018, Iranians in Syria used a drone to violate Israeli airspace. The Israelis responded by destroying the drone and the drone's launch structures in Syria. The Israelis then violated Syrian airspace to attack Syrian and Iranian infrastructure. While doing so, one of their F-16's was shot down and one of its crew was wounded. All of this occurred, yet Iran and Israel did not declare war in response. However, countries have used such vagueness to legitimize large scale military interventions, such as the US invasion of Irak in 2003 or the Russian invasion of Ukraine in 2022. Article 51 is considered difficult to adjudicate with any certainty in real-life, and is sometimes referred to as "the fog of law" (Michael J.Glennon).

Answer 28

According to Michael Walzer, humanitarian intervention is a response to massive human rights violations, justified only as a response to shocking crimes for which there is no other remedy, not as a way of freeing people from the oppression of alien domination or ordinary home-grown tyranny. It is to be distinguished from other kinds of intervention : - - - Intervention to protect one's own nationals - Protecting one's own nationals and other hostages: the battle of Kolwezi (Zaire) : - May 1978; operation by French and Belgian airborne forces, supported by Zairean and Moroccan forces. - - - Goal: rescuing European and Zairean hostages detained by FLNC (Front National pour la Libération du Congo) rebels. 2200 Europeans and 3000 Africans were evacuated. Outcome: Mobutu's regime was strengthened. Intervention in a civil war to preserve a balance of local forces against intervention by another state ('counter-intervention'). Intervention to assist a national community to gain independence from a state whose government the secessionists regard as alien and oppressive

Answer 29

-military occupation -trustsheep arrangements -nation building -any other measure designed to ensure self-determination is possible after the killing stops

Answer 30

The military action against Gaddafi's forces was not, in Walzer's view, properly seen as a humanitarian intervention to stop a massacre. There would have been a cruel repression after a Gaddafi victory, but the overthrow of tyrants and the establishment of democracy has to be local work, and in this case, the locals couldn't do it. The problem with a secessionist movement is that one cannot be sure that it in fact represents a distinct community until it has rallied its own people and made some headway in the "arduous struggle" for freedom. Libya's tribalism points to its unrealized character as a nation, but not to the sort of foreign domination that, for Walzer, would justify an intervention. The media seized upon reports that Gaddafi was employing 'foreign mercenaries', for the presence of foreign forces on Gaddafi's side would make it easier to defend the intervention as a justified liberation effort or even a counter-intervention (assuming, against the evidence, that the scale of foreign involvement was significant). The Libyan intervention is also relevant to the question of how to define success in an intervention to protect the victims of violence and bring the violators to justice.

Answer 31

A legal instrument or provision in itself is not a safeguard. A law cannot guarantee complete success of every endeavor of intervention on humanitarian grounds. But, with a law in place, a minimum standard of accepted behavior and procedure is set. The fact is that humanitarian intervention is here to stay, and instead of trying to get rid of it, there is more prudence in allowing the lesser evil of a streamlined and legally regulated form of humanitarian intervention to continue. When such modus of intervention is accommodated under the rubric of the law with a clearly enunciated 'expected yardstick' to adhere to, its practical implementation can be subjected to control, and can be streamlined to bring in good results.

TD ANGLAIS Flashcards

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