POLISCI 356 midterm

advocacy groups

non-profit groups that promote aspirational collective values

Arbitration

a process in which one or more individuals decide a dispute based on evidence and arguments

Armed opposition groups

nonstate actors that fight to achieve political goals

cold war

the period of 1945—1989, when US—USSR tensions shaped international law and politics

collaboration problem

a situation in which states jointly benefit from choosing the same action, but each state is tempted to unilaterally deviate to a different action

commitment problem

a situation in which sequential decision-making ensures that the plan of action that is initially optimal becomes sub-optimal as time passes

communitarian law

rules collectively made by the international community, whose interests and values trump those of individual states

consular jurisdiction

separate legal systems for foreigners that were overseen by consular officials from the foreigners' home-state

coordination problem

a situation in which all states have a shared incentive to use a common rule, but states disagree or are uncertain about what that rule should be

duties

obligations to behave in certain ways

enlightenment

European movement that emphasized individual autonomy, including economic and political rights

globalization

the increased movement of goods, investment, and people across

international community

a group of global actors with legal interests and personality, independent of its members

international court of justice

an international court created in 1945 as part of the United Nations

international organization

"an organization established by a treaty or other instrument governed by international law and possessing its own international legal personality"

league of nations

an international organization created in 1920 to promote "international peace and security ... by the firm establishment of ... international law"

multinational corporations

profit-seeking groups that conduct business in multiple states

natural law

a legal theory that claims that universal laws bind all human beings, regardless of their social context or whether they have explicitly consented

non governmental organizations

organizations that operate independently of states to achieve political objectives

people

individuals who live in a common cultural, ethnic, national, or racial community

permanent court of international justice

an international court created in 1920 as part of the League of Nations

positivism

modes of knowledge that emphasize observation and direct experience

private international law

law that governs private relationships across states, including business contracts, marriages, and wills

Rights

entitlements to behave or be treated in certain ways

screening problem

a situation in which a state faces difficulty in credibly communicating its preferences to others

sovereignty

principle that political leaders have both (1) authority over the internal policies of their own territory; and (2) an obligation not to interfere in the internal policies of other territories

state

an entity with: "(a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other states."

united nations

an international organization created in 1945 "to maintain international peace and security"

voluntary law

the man-made rules to which political leaders have consented, either explicitly or implicitly, via agreements and state practice

accession

process by which a state joins a treaty that it did not sign

acquiescence

tacit support for state practice as reflected by inaction

active protest

physical or verbal acts that demonstrate that a state disagrees with a particular asserted rule

chronological paradox

conceptual problem that underlies the creation of customary international law: a belief in law is necessary for customary international law, but how can states hold such beliefs before law exists?

Contra bono mores

Latin for "against good morals"; reason sometimes provided for the claim that a treaty is invalid because it conflicts with natural law

default rules

rules that can be changed by parties to a contract

derogation

decision by a pair or group of states to exempt themselves from a norm in their relations with one another

duration

criterion for assessing state practice: how long has a state followed a proposed rule?

entry into force

the point in time at which a treaty becomes legally binding for states that have fully consented to be bound

exit clause

a treaty clause that specified conditions under which a state may exit a treaty

fundamental change of circumstances

modern version of rebus sic stantibus; a state can leave a treaty if there is an unexpected change in circumstances of sufficient importance and magnitude

generality

criterion for assessing state practice: how widespread is a proposed rule across different states?

good faith

the principle that parties to an agreement must act fairly and honestly towards one another

internal consistency

criterion for assessing state practice: how uniformly has a state followed a proposed rule?

international law commission

international organization created by the UN General Assembly in 1947 to study legal issues and make recommendations about the codification and development of international law

interpretation

the process by which actors understand the meaning of a legal text, and then apply the text's meaning to a factual situation

jus cogens

Latin for "mandatory law"; rules that cannot be changed by states via treaties

jus dispositivum

Latin for "law adopted by consent"; rules that can be changed by states via treaties

mandatory rules

rules that cannot be changed by parties to a contract

material breach

"a repudiation of the treaty not sanctioned by the [VCLT, or] the violation of a provision essential to the accomplishment of the object or purpose of the treaty

object and purpose test

practice under which a treaty reservation is assessed based on whether it is compatible with the object and purpose of the treaty

opinio juris

Latin for "acceptance as law"; second component of customary international law: states must accept that a rule is legally binding

pact sunt servado

Latin for "agreements must be kept": the legal principle that "Every treaty in force is binding upon the parties to it and must be performed by them in good faith.

premptory norms

according to the VCLT, "a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character"

persistent objector doctrine

the claim that a state that disagrees with a rule before it becomes customary law is not constrained by the rule after it becomes customary law

precedent

the legal principle that current judges should defer to legal rulings made by prior judges in relevant cases

ratification

under international law, "the international act ... whereby a state establishes on the international plane its consent to be bound by a treaty"

rebus sic stantibus

Latin for "things thus standing"; the claim that a leader can or should break his promises if economic or political circumstances have changed

Repetition

criterion for assessing state practice: how many times has a state followed a proposed rule?

representation

criterion for assessing state practice: are the states that follow a proposed rule diverse with respect to their economic, political, and legal systems?

reservation

"a unilateral statement ... made by a state [that] purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that state."

severable

able to be cut away; when a reservation is severable, it can be invalidated without affecting a state's ratification of a treaty

signature

process by which a state indicates its support for a treaty and its intent to join the treaty

soft law

international agreements that are not legally binding

specially affected states doctrine

the claim that customary international law gives (or should give) more deference to the behavior of states that are more likely to be affected by the formation of a particular rule

stare decisis

: Latin for "let the decision stand"; the legal principle that current judges should defer to legal rulings made by prior judges in relevant cases (same meaning as precedent)

state practice

first component of customary international law: the conduct of states must match the behavior that is required by the proposed rule

treaty

"an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation"

travaux preparatoires

French for "preparatory work"; the body of official written documents from a treaty's negotiation

unilateral declaration

a unilateral statement that creates a legal obligation; must be public and demonstrate a state intention to be bound

acknowledgment

attribution standard by which a state adopts responsibility for a nonstate actor

attribution

determining when a legal breach is considered an act of a state

circumstance precluding wrongfulness

a factor that excuses or justifies a legal breach, thus relieving a state of responsibility; CPWs include consent, self-defense, countermeasures, force majeure, distress, and necessity

countermeasure

a legal violation taken in response to a prior a wrongful act by another state

distress

circumstance precluding wrongfulness; a legal breach is not wrongful if "the author of the act in question has no other reasonable way ... of saving the author's life or the lives of other persons entrusted to the author's care"

effective control standard

attribution standard under international law; states must have effective control over a nonstate actor—including issuing it direct instructions—to be responsible for the nonstate actor's conduct

escape clause

a legal provision that allows states to sometimes temporarily break their commitments without severe punishment

force majure

Latin for "superior force"; circumstance precluding wrongfulness; "an irresistible force or ... unforeseen event, beyond the control of the state, making it materially impossible ... to perform [an] obligation"

international arbitration

a legal process in which individuals consider the facts and laws relevant to an international dispute and then issue their findings

material injury

an injury that negatively affects an individual's physical or economic well-being

moral injury

an injury that negatively affects an individual conscience or mental well-being

necessity

circumstance precluding wrongfulness; a legal breach is not wrongful if it "is the only way for the state to safeguard an essential interest against a grave and imminent peril" and "does not seriously impair an essential interest of the state or states towards which the obligation exists, or of the international community as a whole"

overall control standard

attribution standard under international law; states must have only overall control over a nonstate actor—including providing financing, equipment, and/or planning—to be responsible for the nonstate actor's conduct

punishment

any response to a legal breach by states (either individually or collectively) that raises the cost of breaking international law

restitutio in integrum

Latin for "restoration to its whole"; legal principle that an injured state should be made "whole" after a legal violation

restitution

an attempt to make an injured state "whole" by returning it to its staus quo ante, or the position the injured state was in prior to the breach

satisfaction

a verbal or written statement that acknowledges or apologizes for a legal violation

state responsibility

area of international law that addresses the attribution, wrongfulness, and consequences of legal breaches

ultra vires

Latin for "beyond the powers"; an ultra vires act exceeds the legal authority given by a state to the individual/body that commits the act

wrongful

not excused or justified

absolute theory of state immunity

doctrine that protects all foreign state acts from domestic courts

acta jure imperii

Latin for "sovereign act"; act that can only be undertaken by a state, not a private company

acta jure gestionis

Latin for "commercial act"; act that can be undertaken by a private company

admissibility

criteria that affect a legal body's willingness to rule, usually based on the specific facts of the case

advisory opinion

a non-binding document that answers legal questions submitted by an international organization

arbitration

a process in which one or more individuals decide a dispute based on evidence and arguments

civil remedy

a remedy primarily aimed at making a victim whole

compromissory clause

treaty text that gives authority to an international legal body to hear disputes about the treaty's interpretation or application

consular immunity

the principle that protects consular officials from criminal (but not civil) actions in domestic courts of a foreign state

criminal remedy

a remedy primarily aimed at punishing a violator

diplomatic immunity

the principle that protects diplomats from civil and criminal actions in domestic courts of a foreign state