IR 306 - International Law Vocabulary

Flashcards covering key vocabulary and concepts from International Law lecture notes.

Hierarchy of Law

The ranking of legal norms, generally with international law at the top, followed by national law, domestic laws, and municipal laws. This establishes the order of precedence in case of conflicts.

Sources of Municipal Law

The origins from which municipal (domestic) law is derived, including natural law (based on nature, religion, or morality) and positive law (created by the state).

Sources of International Law

The origins from which international law is derived, primarily states voluntarily subjecting themselves to it. Key sources include customary international law (derived from state practice) and international conventions (treaties).

Customary International Law

International law derived from the consistent practice of states, based on customs that are normal in international relations. For a custom to become law, it must be a general practice accepted as law by civilized nations, and courts can implement these customs as law.

International Conventions

Formal agreements between states, also known as treaties, charters, memorandums, or laws. These can be bi- or multi-lateral agreements, and states are free to join or abstain from them.

Ratification

The process by which a state expresses its consent to be bound by a treaty. It is often important to rewrite the treaty into domestic law to ensure its enforceability.

Contract Treaty

A treaty that is binding only for the states which are parties to it. These treaties typically involve specific obligations between the contracting parties.

Law Making Treaty

A treaty that is intended to establish new rules of international law. These can be binding for every state, even without their signature, particularly in areas such as crimes against humanity and genocide.

International arbitration clause

A provision in a contract or treaty that stipulates any disputes will be resolved through arbitration, often in a neutral location such as London's arbitration courts, which are private institutions.

Custom (Customary IL)

A source of international law based on the general practices of states accepted as law. Requires widespread participation, virtually uniform practice, and general recognition of the rule of law (opinio juris).

Maritime Boundary Case

A case involving Denmark, Germany, and the Netherlands in which the ICJ ruled that a Continental Shelf convention was not customary law because it was not widely practiced, and Germany had denied the treaty from the beginning.

Nicaragua vs. USA Case

A case in which the US supported right-wing military groups (Contras) in Nicaragua. The ICJ said what is written in the treaty is customary law as well, and the US should pay reparations to Nicaragua, though they never did.

Reservation Rule

A rule allowing a state to agree with only certain articles of a treaty, excluding others. Some treaties ban this rule, requiring states to accept the treaty in its entirety.

Doctrine of Acquiescence

A principle in international law where if a state does not object to a practice publicly, it is considered to have consented to it and is bound by it.

Persistent Objector States

States that have objected to a rule of customary international law from its inception, and therefore are not bound by it.

Opinio Juris

The psychological element of customary law, reflecting a state's belief that it is legally obligated to follow a practice. It is the sense of legal obligation that makes a custom a law.

Pacta Sunt Servanda

A fundamental principle of international law meaning 'treaties must be obeyed.' It requires states to comply with their treaty obligations in good faith.

Jus Cogens Norms

Fundamental principles of international law that are peremptory and non-derogable. Examples include the prohibition of slavery, torture, genocide, racial discrimination, use of force, and the sovereign equality of states. No treaty can violate these norms.

Obligations Erga Omnes

Obligations owed by states to the international community as a whole, meaning all states have a legal interest in their protection. States are obliged to stop others who violate Jus Cogens norms.

Legal Subject

An entity capable of possessing international rights and obligations and having the capacity to take certain kinds of action on the international plane (e.g., States, International Organizations).

Statehood

The condition of being a state, requiring a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.

Territorial Sovereignty

The right of a state to exercise exclusive control over its territory, including the right to exclude other sovereign powers.

Declarative Theory of Recognition

The theory that a state exists if it meets the Montevideo criteria (population, territory, government, capacity for relations), regardless of recognition by other states.

Constitutive Theory of Recognition

The theory that a state only gains legal statehood when it is recognized by other states.

Secession

The act of separating from a state by itself. It is not typically a legal act unless there is an agreement with the former state that makes it legal and legitimate.

Self-determination of people

The principle that a group of people has the right to have their own state.

Vienna Convention on the Law of Treaties 1969 Article 2 Definition of Treaty

Defines a treaty as an international agreement between states in written form and governed by international law (by this convention).

Treaty Making Process

The process of creating a treaty, including negotiation, authentication (adoption), consent to be bound (ratification), and entry into force.

Article 18 VCLT

States are obliged to refrain from acts which would defeat the object and purpose of a treaty before its entry into force.

Law of the States Responsibility

States take responsibility for their internationally wrongful acts. Both actions and omissions can be considered wrongful acts.

Attribution

The principle that states can only be held responsible for acts that are attributable to them, typically acts committed by their organs or agents.

Responsibility for acts ultra vires

States are responsible for acts ultra vires (beyond their authority) committed by their officials, agents, and organs.

Acts under the direction or control of a State

A state is responsible for the acts of private persons or groups if their conduct is pursuant to the instructions or directions of the state.

Breach (violation)

A violation or omission of an international obligation. Obligations can arise from treaty, customary law, or jus cogens norms.

Circumstances precluding wrongfulness

Situations in which an act that would otherwise be wrongful is excused, such as consent, self-defense, countermeasures, force majeure, and distress.

Consequences of an Internationally Wrongful act

The legal remedies available when a state commits an internationally wrongful act, primarily cessation (stopping the wrongful act) and reparation (making amends for the harm caused).

Reparation

A long-established obligation on the part of the wrongdoing state to make amends for the harm caused. Reparation must, as much as possible, wipe out all the consequences and re-establish the status quo ante (the situation as it existed before the wrongful act).

UN Charter: Pacific Settlement of Disputes

A core principle of the UN Charter requiring all states to resolve their disputes peacefully.

Diplomatic methods

Non-binding methods for resolving disputes, including good offices (enquiry), mediation, and conciliation.

Good-office

A diplomatic method where a third party provides a forum for the disputed parties to negotiate.

Mediation

A diplomatic method where a third party helps parties find a solution when negotiations are stalled.

Conciliation

A diplomatic method where a third party makes suggestions and judges the parties, offering non-binding solutions and assessing what should be done.

Juridical methods

Binding methods for resolving disputes, including international adjudication through arbitration and international courts.

International Court of Justice (ICJ)

The main judicial organ of the UN. Judges are elected by the UN General Assembly and Security Council. The ICJ has two primary functions: contentious jurisdiction (cases between states) and advisory opinions.

ICJ Functions

The ICJ has contentious jurisdiction (cases between states) and can provide advisory opinions on specific issues when requested.

How to make ICJ ruling compulsory?

ICJ rulings can be made compulsory through a special agreement, a compromissory clause in a treaty, or an optional clause in the ICJ Statute.

ICJ Organization

The ICJ's organizational structure includes the Presidency, Chambers, and the Office of the Prosecutor.

Who triggers the jurisdiction of the ICJ

The jurisdiction of the ICJ can be triggered by referrals from state parties or through Proprio Motu investigations.

Genocide

The systematic, widespread, and intended destruction of a national, ethnical, racial, or religious group.

Crimes against humanity

Widespread or systematic attacks directed against a civilian population, without need for a specific purpose or targeting a particular group.

UN Charter article 2

A provision in the UN Charter requiring all members to refrain from the threat or use of force against the territorial integrity or political independence of any state.

Self defense

The inherent right of individual or collective self-defence if an armed attack occurs against a member of the UN, until the UN Security Council has taken measures.

Collective Security Mechanism

A system under the UN Charter where the UN Security Council determines the existence of any threat and makes recommendations or decides what measures shall be taken to maintain or restore international peace and security.

The Law of the Sea

A body of international law principles and rules concerning rights and duties of states in maritime zones. It emerged during European colonization.

Zones of the Sea

Different maritime zones recognized under the Law of the Sea, including internal waters, territorial waters, contiguous zone, and exclusive economic zone.

Territorial waters

A maritime zone extending 12 nautical miles from the baseline of a coastal state, over which the state has sovereignty; Turkey disputes this treaty, because Greece would have control over turkish coast

Contiguous zone

Maritime zone beyond the territorial waters, extending up to 24 nautical miles from the baseline, in which a state can exercise control to prevent and punish infringements of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or territorial sea.

Exclusive economic zone

A maritime zone extending up to 200 nautical miles from the baseline, in which a coastal state has the right to explore and exploit marine resources. No sovereignty over the airspace, other states may freely fly over the EEZ; All foreign ships can cross thorough this area; You can mine and benefit from undersea oil ect

Neighbours Territorial waters

When states have adjacent or opposite coasts, they should divide their territorial waters equally, typically using a median line.

Innocent passage

The right of ships to pass through the territorial sea of a state, provided the passage is innocent (i.e., not prejudicial to the peace, good order, or security of the coastal state). Applies to both merchant and military ships but some states can restrict military vssels; Prohibited: weapons exercises, intelligence gathering , fishing, polluting

Transit passage

The right of ships and aircraft to pass through straits used for international navigation, which cannot be suspended by coastal states.

Chapter VII UN Charter

A section of the UN Charter that authorizes the UN Security Council to take enforcement measures, including the use of force, to maintain or restore international peace and security. When UN SC makes a decision, it is binding UN.

Right of Visit

The right of naval warships to stop and board ships engaged in piracy, slave trade, unauthorized broadcasting, or ships without nationality.

Article 51 UN Charter Self-defense

A provision in the UN Charter that recognizes the inherent right of states to individual or collective self-defense in the event of an armed attack, subject to reporting to the Security Council.

Article 42 UN Charter

A provision in the UN Charter that grants the UN Security Council the right to use force or authorize states to use force to maintain or restore international peace and security.

Global Commons

Areas beyond national jurisdiction, such as the high seas, seabed, outer space, and Antarctica, which are considered the common heritage of humankind.

High Sea Freedoms

Freedoms enjoyed by all states on the high seas, including freedom of navigation, freedom of overflight, freedom of fishing, and freedom of scientific research; All states can conduct research. No permission required

Freedom of the high seas

The right to lay submarine cables and pipelines on the high seas.

Antarctica

A continent subject to the Antarctic Treaty System, which prohibits territorial claims and military activities, and promotes peaceful purposes and scientific research; Cannot claim any part of it, and it should be used only for peaceful purposes.

Continental Shelf

The seabed and subsoil adjacent to the coast but outside the area of the territorial sea, to a distance of 200 nautical miles. Coastal states have the right to explore and exploit resources

Sources of International Law

The primary sources of international law include customary international law, treaty law, and general principles of law recognized by civilized nations.

Pacta Tertiis

A principle in international law stating that treaties are only binding on states that are party to them.

Examples of Jus Cogens Norms

Fundamental principles of international law that are peremptory and non-derogable, including the prohibition of the use of force, the right to self-determination, and human rights.

Concept of Community Interest

The idea that all states have a legal interest in the protection of certain universal values, such as the environment and human rights.

Individual Criminal Responsibility

The principle that individuals can be held criminally responsible for international crimes, such as genocide, war crimes, and crimes against humanity.

Principle of Sovereignty

The right of every state to protect its territory and citizens from external aggression and to exercise exclusive control over its internal affairs.

International Humanitarian Law

The body of law that governs the conduct of armed conflict, including the treatment of prisoners of war and the protection of civilians.

Peaceful Settlement of Disputes

The use of negotiation, mediation, and arbitration to resolve disputes between states without resorting to the use of force.

International Space Law

A body of rules and principles that governs the use of outer space, including the exploration and use of space resources.

International Criminal Court (ICC)

A tribunal established by treaty to prosecute individuals for genocide, war crimes, and crimes against humanity when national courts are unable or unwilling to do so.

Principle of State Responsibility for Environmental Harm

A principle that states are responsible for the environmental damage they cause to other states or to areas beyond national jurisdiction.

Law of the Sea Convention (UNCLOS)

The legal framework for the conservation and sustainable use of marine resources, including the establishment of maritime zones and the protection of the marine environment.

Duty to Cooperate

The obligation of states to cooperate in addressing global challenges such as climate change and terrorism.

Universal Jurisdiction

A legal concept that treats certain offenses as universal crimes, allowing any state to prosecute the offenders, regardless of where the crime was committed or the nationality of the offender or victim.

Prohibition of the Use of Force

A principle prohibiting the use of force in international relations, except in cases of self-defense or when authorized by the UN Security Council.

Consent to Treaty

The process by which a state consents to be legally bound by a treaty, typically through signature and ratification.

International Adjudication

The process by which states agree to submit their disputes to international courts or tribunals for binding resolution.

International Environmental Law

The body of law concerning the environment, including air, water, soil, flora, and fauna, and the protection of ecosystems.

Intergovernmental Organizations (IGOs)

International organizations made up of states, such as the UN, WTO, and others, formed to pursue common interests and goals.

Natural Law

A theory of law that focuses on fundamental rights and moral principles derived from nature, religion, or reason.

Positive Law

A theory of law that focuses on laws created by the state, emphasizing legal positivism and the separation of law and morality.

Domestication of International Law

The incorporation of international law into domestic law, either through constitutional provisions or legislative action.

Montevideo Criteria

The conditions that must be met for an entity to be recognized as a state under international law, including a permanent population, a defined territory, a government, and the capacity to enter into relations with other states.

Sovereign Equality of States

A fundamental principle of international law that all states are equal and have the right to respect for their territorial integrity and political independence.

Freedoms of the High Seas

The rights of all states to engage in activities on the high seas, including freedom of navigation, overflight, scientific research, and fishing, subject to certain limitations.

Law of Armed Conflict

The body of law governing armed conflict, including the treatment of prisoners of war, the protection of civilians, and the regulation of weapons.

Conditions for Self-Defense

The circumstances under which a state may use force in self-defense under international law, including the requirements of necessity and proportionality.

Individual Criminal Responsibility in International Law

The principle that individuals may be held criminally responsible for international crimes, such as genocide, war crimes, and crimes against humanity, regardless of their official position.

Rome Statute

The treaty that established the International Criminal Court (ICC) and defines its jurisdiction over genocide, war crimes, crimes against humanity, and the crime of aggression.

International Dispute Resolution

The various methods by which states agree to settle disputes, including negotiation, mediation, arbitration, and judicial settlement by international courts or tribunals.