POLI 12: International Law & Norms

Flashcards on International Law & Norms

UNCLOS

UN Convention on the Law of the Sea

Territorial Sea

Coastal country has full territorial sovereignty, fisheries rights, and rights to mineral resources up to 12 sea miles.

Exclusive Economic Zone (EEZ)

Coastal country has exclusive fisheries rights and exclusive rights to mineral resources up to max. 200 sea miles

Extended continental shelf

Coastal city has exclusive rights to mineral resources after process to establish the outer border of the continental shelf up to max. 350 sea miles

High Seas

All countries may fish and go to sea; International Law of the Sea applies here (UNCLOS)

"The Area"

Seabed Authority determines access and licenses; Scope of the UNCLOS

International Law

A body of rules that theoretically binds states and other agents in world politics and is considered to have the status of law.

Body of rules

Rules woven together by a unifying principle

Primary and Secondary Rules

Primary rules: negative and positive rules regulating behavior (i.e., don’t do x, must do y). Secondary rules: akin to the constitution, structure the making of primary rules. I.e., rules on how rules are made.

Customary International Law

International law that usually develops slowly, over time, as states recognize practices as appropriate and correct.

International Treaties

Negotiated and ratified by states at conventions

Obligation

Degree to which states are legally bound by an international rule.

Precision

Degree to which international legal obligations are fully specified.

Delegation

Degree to which third parties, i.e., courts, arbitrators, or mediators, are given authority to implement, interpret, and apply international legal rules; to resolve disputes over the rules, and to make additional rules.

Escape Clause

Allows member states to temporarily escape from obligation

Hard Law

Obligatory, precisely defined, and delegates substantial authority to third parties

Soft Law

Aspirational, ambiguous, and does not delegate significant powers to third parties

Anti-dumping

A duty imposed by an importing state when there is reasonable suspicion that the exporting country is “dumping” their products below their costs in an attempt to take out domestic businesses.

Countervailing Duties

A duty imposed to counteract the effects of subsidies provided by foreign government to their exporters.

Safeguards

Duty or quota imposed on a product if imports of that product are increasing so as to cause, or threaten to cause, serious injury to domestic industry that produce similar or directly competitive product

Montreal Protocol (1987)

First and only universally ratified treaty in UN history; Purpose: Phase out ozone-depleting substances (ODS)