Public International Law Exam Review

Comprehensive vocabulary flashcards in English based on public international law exam preparation notes.

Public International Law (PIL)

A set of legal rules governing relations between members of the international community (states, international organizations, individuals) where violations entail negative legal consequences.

Monism

A theoretical concept holding that domestic law and international law form a single unified legal order, where international rules are applied directly and generally hold precedence over national law.

Dualism

A theoretical concept viewing international law and domestic law as two separate, independent legal systems requiring explicit state transformation to apply international rules nationally.

Incorporation

A method of legal reception where an international legal norm is declared part of the national legal order without modifying its form or verbatim text.

Transformation

A method of legal reception where the literal text of an international obligation is retained but its legal form is formally converted into a domestic statute.

Adaptation

A method of legal reception involving modifications to both the form and content of an international norm to suit domestic legal conditions.

Reparation for Injuries Case (Bernadotte, 1949)

An ICJ advisory opinion establishing that international organizations possess international legal personality and the capacity to bring international claims for damages.

Montevideo Convention (1933)

An international convention defining the four mandatory legal criteria for statehood: a defined territory, a permanent population, an effective government, and the capacity to enter into relations with other states.

Declaratory Theory of Recognition

The prevailing legal doctrine stating that a state exists legally as soon as it satisfies objective criteria of statehood, making recognition by other states merely a political act.

Acta Iure Imperii

Sovereign actions of a state performed in its public capacity, which enjoy state immunity from the jurisdiction of foreign domestic courts.

Acta Iure Gestionis

Commercial or private-law actions of a state, which are not protected by state immunity and are subject to foreign judicial jurisdiction.

Secession

The unilateral withdrawal of a portion of territory from an existing state to form a new independent state, recognized as the most frequent method of state creation.

Lokalized Treaties

Treaties attached directly to state territory (such as boundary agreements or transit rights) that automatically bind successor states despite general rules of treaty freedom.

Nuclear Tests Case (1974)

An ICJ case establishing that unilateral legal acts and public declarations made by a state can create binding international legal obligations if intended as such.

Ihlen Declaration (Eastern Greenland Case, 1933)

A unilateral declaration made by Norway's Foreign Minister that bound the state under international law even if made ultra vires regarding domestic authorization.

Usus Longaevus

The objective element of customary international law consisting of widespread, general, and consistent state practice over time.

Opinio Iuris

The subjective element of customary international law requiring states to act out of a conviction that the practice is legally obligatory.

Persistent Objector

A state that explicitly, continuously, and consistently objects to an emerging rule of customary international law from its inception, rendering the rule non-binding against it.

Ius Cogens

Peremptory norms of general international law accepted and recognized by the international community as a whole, from which no derogation is permitted.

Desuetudo

The loss of legal force or termination of a customary international rule resulting from a prolonged and general absence of practice.

Rebus Sic Stantibus

The legal principle allowing a state to terminate or withdraw from a treaty due to a fundamental, unforeseen change of circumstances.

Gabčíkovo-Nagymaros Case (1997)

An ICJ ruling determining that political and environmental changes do not justify unilateral treaty termination and reinforcing the duty to negotiate in good faith.

ARSIWA (2001)

Articles on Responsibility of States for Internationally Wrongful Acts; an ILC codification documenting customary international rules on attribution, breaches, and state reparations.

Tehran Hostages Case (1980)

An ICJ decision establishing that private actions become attributable to a state if the government subsequently approves and adopts the conduct as its own.

Genocide Case (Bosnia v. Serbia, 2007)

An ICJ judgment confirming that states are not directly liable for actions of private non-state actors unless under effective control, but can be held responsible for an omission to prevent genocide.

Restitution

A primary form of legal reparation requiring the responsible state to re-establish the situation that existed before the internationally wrongful act was committed.

Chorzów Factory Case (1928)

A PCIJ judgment establishing that legal reparation must erase all consequences of an illegal act and restore the condition that would have existed had the breach not occurred.

Trail Smelter Arbitration (1941)

A landmark arbitration establishing the principle that no state has the right to use or permit the use of its territory to cause substantial environmental damage to another state.

Retorsion

An unfriendly but fully lawful act taken by a state in response to another state's non-conforming or unfriendly conduct.

Countermeasures

Non-military measures that would otherwise be internationally wrongful, but are rendered lawful because they respond to a prior wrongful act to induce compliance.

Naulilaa Arbitration (1928)

An arbitral decision laying down customary conditions for lawful reprisals: a prior illegal act, an unsatisfied demand for redress, and proportionality.

Peace Enforcement (UN Charter Art. 42)

Collective enforcement measures involving armed force authorized by the UN Security Council when non-military sanctions under Article 41 prove inadequate.

Resolution 3314 (1974)

A UN General Assembly resolution defining aggression as the first use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state.

Conciliation

A dispute settlement procedure in which an independent commission examines the facts and submits non-binding recommendations for resolving the dispute.

Minimum Standard of Treatment for Aliens

An international customary standard guaranteeing foreign citizens fundamental legal protections, personal security, property rights, and fair judicial access.

Barcelona Traction Case (1970)

An ICJ decision establishing that diplomatic protection for a corporation belongs exclusively to the state of incorporation and registered seat, not the state of nationality of shareholders.

Nottebohm Case (1955)

An ICJ judgment establishing the principle of genuine link, holding that states cannot extend diplomatic protection unless an effective legal bond of nationality exists.

Soering Case (1989)

An ECtHR case ruling that extraditing an individual to face a real risk of death row phenomenon violates Article 3 (prohibition of inhuman or degrading treatment) of the ECHR.

D.H. and Others v. Czech Republic (2007)

An ECtHR judgment establishing that placing Romani children into special schools based on culturally biased testing constituted indirect discrimination under Article 14 of the ECHR.

Non-refoulement

A fundamental principle of refugee law prohibiting states from transferring or returning refugees to territories where their life or freedom would be threatened.

Island of Palmas Case (1928)

An arbitral award ruling that continuous and peaceful display of actual state sovereignty over a territory takes precedence over title based on mere discovery.

Exclusive Economic Zone (EEZ)

A maritime zone extending up to 200 nautical miles from baseline where coastal states hold sovereign rights over the exploration and exploitation of natural resources.

Outer Space Treaty (1967)

A multilateral treaty establishing outer space as free for exploration, prohibiting national appropriation, and imposing absolute state liability for launching space objects.

Ius in Bello

The legal framework of International Humanitarian Law governing the conduct, rights, and responsibilities of belligerents during an armed conflict.

Tadić Case (1995)

An ICTY decision defining armed conflict and establishing that international criminal liability and war crime rules apply to non-international armed conflicts.

Akayesu Case (1998)

An ICTR judgment marking the first international conviction for genocide and establishing that sexual violence can constitute an act of genocide.

Principle of Complementarity

The core jurisdictional doctrine of the ICC establishing that the Court only exercises jurisdiction when national legal systems are unwilling or genuinely unable to prosecute.

Agrément

The formal prior approval given by a receiving state to accept a proposed foreign diplomatic head of mission.

Exequatur

An official authorization issued by a receiving state permitting a foreign consular officer to exercise their official functions.

LaGrand Case (2001)

An ICJ case confirming that foreign nationals arrested abroad must be informed without delay of their right to consular communication under Article 36 of the VCCR.