International Law Lecture Notes

Flashcards to review key concepts from the lecture.

What is a logic of improvement related to?

Racist notions of inferiority/conditional inclusion in the family of civilised nations.

When did colonialism expand?

16th century

What terms were used for indigenous people during colonialism?

Indigenous/native/Indian or tribal

Who misattributed the term 'Indian' to indigenous communities in the Americas?

Christopher Columbus in 1492

What did Columbus believe when he reached the Americas?

He had reached India

Who dehumanized indigenous people to justify European invasion of indigenous lands?

Vespucci

Under what regimes were indigenous people excluded from recognition?

State-regimes

When did indigenous people start gaining visibility?

In the 60s, as formal decolonisation processes started to succeed

In what year was the United Nations/human rights established, according to the lecture?

1945

What did early decolonisation efforts change?

Change in hands without disrupting rubrics of statehood.

What was the first effort to codify indigenous people's rights?

Convention number 107 of 1957

Which international organization adopted Convention 107?

International Labour Organization (ILO)

What was the view of Convention 107 towards indigenous people?

Redress the isolation of indigenous peoples and ensure they benefited from development programmes.

What term did Convention 107 use instead of 'indigenous people'?

Indigenous populations

When was ILO Convention 169 adopted?

In the 90s

What does ILO convention 169 concern?

Indigenous peoples in independent countries

What prompted the adoption of ILO Convention 169?

The social capital acquired by the global indigenous movement in the 70s.

What was the focus of ILO Convention 169?

The need to concel indigenous peoples in development related decisions.

How were demands on sovereignty treated with the focus on development?

Pushed to the frangies, making small of the deeply spiritual, cultural, social and economic relationships that indigenous people share with them.

How was development framed in relation to the indigenous world-view?

Removed from the indigenous world-view

What do indigenous dancing and music give birth to?

Urban romanticised stereotypes on indigenous peoples are “the other”.

What happened in the 60s that made indigenous more visible?

Consciousness of indigenous people’s special cultural identity and their relationships with land groups increased as formal decolonization efforts succeeded.

What was the capstone event in 1707?

The international non-governmental organization conference on discrimination on indigenous people in the Americas.

What did indigenous representatives discuss at the conference?

Strategies to forge a transnational indigenous front and a set of sovereignty demands.

When did indigenous people starting winning conservatives staters at several united nations forums?

From the late 80s

What was the first step by the United Nations to recognize indigeinty?

Special rapporteurs

Who were considered 'Indigenous populations' under the special rapporteurs?

Dissidents of those who inhabitited territories before settlers arrived

What were indigenous populations known for?

Having a distinct social, economic and cultural identity, typical tied to their insectral lands.

What did ILO convention 169 use instead of 'populations'?

Peoples

What did the term 'peoples' denote?

A note and audit to the autonomy of indigenous communities, in their demands for political and legal sovereignty.

What differentiation did the convention make?

Between triable peoples and indigenous peoples.

How did the UN working group on indigenous populations approach defining indigeinty in 93?

They choose not to define indigeinty, because historically, indigenous peoples have suffered from definitions imposed by others.

What recognized the economic, social and cultural rights of indigenous peoples, an important step being international jurisprudence acknowledging the dimension, case called Ominyak V. Canada?

ILO convention 107 of 1607

What were the rights recognized by ILO Convention 107 contingent on?

Assimilation of indigenous peoples into the dominant population.

What type of rights were recognized by ILO Convention 107?

Individual rights by design

Why was the term 'minorities' understood in a restrictive sense?

As well-defined stable routes that enjoyed a distinct culture and were numerically disadvantage.

Why were indigenous peoples kept removed from the drafting of the covenant?

Because states feared that this might cause political destabilisation, and lend credibility to cessation demands.

State an action that the 207 UN declaration on the rights of indigenous peoples clarified.

The right to self- determination does not include cessations.

Recognition challenging the anthropocentric grammar of what?

Rights

What did the Equatorian constitution codify, as inspired by indigenous epistemologies?

The right of Pachamama, which is the Indian earth goddess.

What does the constitution commit, to protect?

The Sumak Kawsay “the good way of living” which reinforced the state obligation on the function of nature.

What does the Bolivian constitution frame such rights as?

Stuard ship of humans towards nature and other living things.

Where are rights of nature recognized, in India?

In a patchwork of judicial pronouncement.

What has been recognized as legal persons in other states?

Rivers and national parks

The right to free prior and consent is concerned with what?

The quality given by communities, before development projects.

What does 'prior' refer to within the right to self governance?

Consent in advance to a project.

What was international diplomacy based on, from the renaissance to the congrès of vienne?

Be-lateral relations and not part of public international law.

What is the main objective during the classic age of diplomacy?

Establishing political relations between states, and protection of national interest.

What is one role of diplomats in the contemporary age of diplomacy?

Establishing relations that transend the real of politics, including cultural, economic and scientific relations.

What is the aim between citizens and nations in the contemporaty age of diplomacy?

To proment friendly relations between nations and citizens, often called public diplomacy.

What did diplomatic relations change to, with the emergence of international organizations?

From bilateral to multilateral settings, leaving behind the secrecy of diplomacy, that was common place during the cold war.

What capabilities do the advances in communication means bring?

New possibilities for multilateral forms of diplomacy.

What does foreign policy refer to?

The policy and decisions taken by the state in matters of its international relations

What is diplomacy a particular tune of?

By which the state represented by its gov, execute its foreign policy, and persuses other goals, such as the protection of its national abroad.

What does foreign policy include?

The decisional processes by which states adopt their position, over foreign issues, regarding their national interest.

What does diplomacy tend to focus on?

The study of the permanent relations and the practices of representation and interaction between states.

What does the concept of diplomatic relations broadly refer to?

To the ways in which a state interacts with other subjects of international laws, including international organizations.

What is the role of ambasess?

The official representation of one state in the territory of another, usually offering political representations but also services for citizens abroad.

What is the role of a high commission?

A permanent representation of a member state, in the territory of another member state

What functions does a diplomatic mission include?

Representation/protection of citizens abroad, Communication and political representation between the sending state and the receiving state, and Encouraging into enhansing relations between citizens of both states.

What do diplomatic missions consist of?

Civil servants and state representators.

What do members of diplomatic missions enjoy?

Diplomatic setters, privileges and immunities.

What nationality must members of a diplomatic mission generally have?

Nationality of the sending state

What is the purpose of diplomatic unity serving as a legal protection?

Granted to members of a diplomatic mission, not for their personal profit, but to allow them to perform their tasks effectively.

Which jurisdictions cannot be enforced for diplomates with application jurisdiction?

Criminal, administrative and civil jurisdiction, where the mission is located

What are the members of the service states?

The domestic services of the mission.

What are consular relations aimed to procure?

The right of citizens abroad.

What are consular relations regulated by?

A mixed regime, public international law and domestic law.

What does the main instrument that regulates diplomatic law states?

Functions of diplomatic missions, their rights, priviladges and obligations of both sending and the hosting state

Why was the idea of freedom communication a priviledge?

New technologies, brought new questions, Only certain states had accept to these technologies, while less developed countries struggled to catch up, In addition, there were fears of broadcasting from an ambassy.

What does the the VCDR establish?

Inviolability of missions in the article 22. Implies that inspection registers are other types of intrusions and are prohibited. Not only it obliges the hosting state to abstain from erupt into the diplomatic mission but also guarantee the safety and well being of the mission

What does the protection of documents the inviolability of the ambassy refers to, include?

All the necessary documents that ensure the operation of the mission.

What does a diplomatic mission have to necessary to do?

Fulfil its mission.

According to article 32, What can the sending state do?

Revoke and wave immunities and privileges (exemptions from taxes)

International law imposes ____ on the state.

Limits

These limits are called

Immunities