Introduction to International Law and State Responsibility

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These flashcards cover key vocabulary and concepts from the lecture on International Law and State Responsibility.

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27 Terms

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International Law

A set of rules that apply when actions go beyond the borders of a single country.

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Public International Law

Deals with the rights and duties of states and international organizations.

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Private International Law

Involves individuals or companies from different states.

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Comity

Courtesy between countries, not a legal rule.

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Jurisdiction

A court’s power to handle a case and the area where it has authority.

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Ratification

Officially approving or confirming something that was done without authority at first.

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Doctrine of Incorporation

Customary international law automatically applies unless it conflicts with local law.

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Doctrine of Transformation

International law applies only after the local government formally adopts it.

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Self-executing treaty

Becomes law automatically when a country agrees to it.

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Non-self-executing treaty

Needs the country to pass a new local law first.

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Sovereignty

The right to govern a territory, which can be limited by international obligations.

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Declaratory doctrine

The legal existence of a state or government happens automatically by operation of law.

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Constitutive doctrine

The legal existence of a state or government is dependent on recognition by other states.

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Estrada Doctrine

Doctrine that foreign governments will not be explicitly recognized.

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Successor states

Bound by dispositive treaties related to boundaries and servitudes.

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Merger rule

When a state merges, old treaties still apply.

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Denial of Justice

A serious failure in a country’s legal system, blocking access to courts or unfair trials.

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Calvo Clause

A foreign investor agrees not to ask their home country for help.

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Unilateral Acts

Actions taken by one state that can have legal implications under international law.

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UNFCCC

The main treaty for fighting climate change.

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Basel Convention

Bans sending toxic waste to countries that cannot safely handle it.

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Kyoto Protocol

Requires developed countries to reduce greenhouse gases by 5.2% below 1990 levels.

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Restitution in kind

Return of what was taken as a legal remedy.

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Compensation

Paying money for damages as a legal remedy.

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Legal Remedies

Actions that courts can order to address a legal wrong.

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Pollution Regulation

Approaches to control pollution such as sectoral and product-based regulations.

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World Charter for Nature

States must respect natural processes and avoid damaging them.