Introduction to Public International Law Flashcards class 8

A collection of vocabulary flashcards covering the nature, sources, subjects, and enforcement of public international law, including the role of the United Nations.

Private international law

Also called conflicts of laws, it determines which national law applies when several jurisdictions could be applicable.

Public international law

Often termed international law, it regulates the relationship between states and/or international organisations.

Jus cogens

Peremptory norms that are so fundamental they permit no derogation via a treaty, such as the prohibition of genocide, aggression, and slavery.

Customary International Law

Evidence of a general practice accepted as law, consisting of an objective element (state practice) and a subjective element (opinio juris).

State practice

The objective element of customary international law, requiring consistent, widespread actions repeated over time, which can include refraining from certain acts.

Opinio juris

The subjective element of customary international law; the belief by states that a settled practice is rendered obligatory by a legal obligation.

Equidistance principle

A principle regarding the delimitation of the continental shelf mentioned in the $1958$ Geneva Convention and discussed in the North Sea Continental Shelf cases.

General principles of law

Basic legal principles common to many legal systems used to close gaps when no treaty or customary rule exists (non liquet), such as res judicata.

Dualism

A legal theory where international law and national law are separate systems, requiring transposition for international law to apply at the national level.

Monism

A legal theory where international law and national law form a single legal order, and international law applies directly within the national system.

Sovereignty

The power of a state to determine its relations with other states, characterized by exclusivity, effectiveness, and being inalienable.

Internal self-determination

The right of a people to be sovereign and not merely subjects, establishing that the legitimacy of a state is dependent upon the consent of the governed.

External self-determination

The right of a part of a population to separate from the remaining population and form an independent state.

Intergovernmental organisations

Organizations where states are members and retain their sovereignty, as opposed to non-governmental organizations (NGOs).

Principle of attribution of powers

The rule that international organisations only possess the powers explicitly assigned to them by states in a founding document, such as a treaty or Charter.

Implied powers

The presumption that international organisations have the powers necessary to achieve their objectives, even if those powers are not specifically detailed in a founding document.

UN Charter

The founding multilateral treaty of the United Nations, signed in $1945$, which outlines the rights and obligations of member states.

The Permanent Five (P5)

The five permanent members of the UN Security Council who possess a veto over all actions: China, France, Russia, the United Kingdom, and the United States.

International Court of Justice (ICJ)

The principal judicial organ of the UN established to settle disputes between states, whose jurisdiction depends on state acceptance.

Arbitration

A dispute resolution mechanism where a binding decision is made by a third party elected by the parties involved in the dispute.

Ratification

The formal consent by a state to be bound by a treaty, creating legal obligations as opposed to a mere political commitment (signature).