Creating International Law

A comprehensive set of flashcards highlighting key concepts and definitions related to International Law.

What is Customary International Law?

Customary International Law is based on agreed upon unwritten rules derived from general practice accepted as law, requiring repeated behavior of states and the belief in a legal obligation.

What are the components that define a custom as law?

The components are the repeated behavior of states and the belief that such behavior relies on a legal obligation, termed opinio juris sive necessitatis.

What is International Treaty Law?

International Treaty Law is law based upon written agreements between states.

What does International Humanitarian Law govern?

International Humanitarian Law, also known as war law, governs the rules of armed engagement.

What is the role of Customary International Law?

Customary International Law fills in the gaps of international law where treaty law may be lacking or slow to develop.

What is an instrument in the context of international law?

An instrument is a legal framework that addresses international issues and can be binding or non-binding.

What is the difference between signing and ratifying a treaty?

Signing a treaty indicates intention to comply but is not legally binding. Ratification is the process that makes a treaty legally binding.

What is the Vienna Convention on the Law of Treaties?

The Vienna Convention is the treaty that lays out definitions and principles governing treaties between states.

What does Pacta Sunt Servanda mean?

Pacta Sunt Servanda means 'treaties must be kept,' indicating that states are bound by treaties.

What are some different types of international law documents?

Types of international law documents include treaties, agreements, protocols, conventions, regulations, and declarations.

What are Treaty Reservations?

Treaty Reservations are provisions declared by states to refrain from certain obligations under a treaty.

What is the purpose of Memoranda of Understanding?

Memoranda of Understanding are less formal agreements that outline operational arrangements without requiring ratification.

What is a Modus Vivendi?

Modus Vivendi is an informal agreement intended to be replaced by a more permanent arrangement.

What are Optional Protocols to a Treaty?

Optional Protocols are instruments that establish additional rights and obligations beyond the main treaty.

What do the terms 'Parties' and 'Contracting States' mean in treaties?

'Parties' refers to entities with treaty-making capacity that are bound by a treaty, while 'Contracting States' refers to those in the process of expressing consent to a treaty.