POLSCI 123Y Final

Alien Tort Statute (ATS)

A U.S. law that allows foreign victims to sue in U.S. federal courts for serious human rights violations committed abroad, as long as the defendant is under U.S. jurisdiction

Civil-political rights

Rights that protect individuals’ freedom from government abuse and enable political participation (e.g., free speech, voting, assembly); often seen as “sensitive” because they threaten regime power

Convention Against Torture (CAT)

An international treaty that bans torture and requires states to prevent, punish, and report it; considered a core human rights agreement targeting severe abuses

Economic, Social, and Cultural Rights (ICESCR)

Rights guaranteeing basic well-being (e.g., health, education, housing); often seen as “less politically sensitive” because they do not directly threaten state power

Enforcement gap

The gap between human rights laws existing on paper and actual enforcement in practice—many violations go unpunished due to weak institutions and political constraints

Extraterritorial jurisdiction

The ability of a court or state to apply its laws to actions that occurred outside its territory (e.g., ATS cases involving foreign conduct)

Forum shopping

When plaintiffs choose to file a case in the court most favorable to their claim, often seeking bias or advantage across jurisdictions

Genocide Convention (1948)

An international treaty that defines genocide and obligates states to prevent and punish it, regardless of where it occurs

International Covenant on Civil and Political Rights (ICCPR)

A major UN treaty that protects civil and political freedoms (speech, religion, fair trial) and requires governments to uphold them

International Criminal Court (ICC)

A global court that prosecutes individuals for serious crimes (aggression, genocide, war crimes, crimes against humanity), but with limited jurisdiction and enforcement capacity

Kiobel v. Royal Dutch Petroleum

A U.S. Supreme Court case that limited the use of the Alien Tort Statute by ruling that it generally does not apply to conduct occurring outside the United States

Naming and shaming

A strategy where states or organizations publicly condemn human rights violators to pressure them into reform; widely used but often politicized

Non-derogable rights

Fundamental rights that cannot be suspended under any circumstances (e.g., freedom from torture or slavery)

Sovereign immunity

The legal principle that states (and often their officials) cannot be sued in foreign courts without their consent

Universal Declaration of Human Rights (UDHR)

A foundational 1948 UN document outlining basic human rights principles that guide international law and norms

Universal jurisdiction

The principle that courts can prosecute certain severe crimes (e.g., genocide, torture) regardless of where they occurred or the nationality of those involved

Universal Periodic Review (UPR)

A UN process where countries review each other’s human rights records and make recommendations—often influenced by political relationships

Advisory Centre on WTO Law (ACWL)

An organization that helps developing countries access legal expertise and participate in WTO disputes, improving their ability to enforce trade rights

Antidumping duties (AD)

Tariffs imposed on imports sold below “fair value” (below cost or home price) to protect domestic industries

Appellate Body

The WTO’s highest court that reviews dispute rulings and interprets trade law, playing a key role in shaping rules through decisions

Beggar-thy-neighbor policy

Economic policy (like tariffs) that benefits one country at the expense of others, often leading to retaliation and reduced global welfare

Comparative advantage

The idea that countries should specialize in producing goods they can make relatively more efficiently than others and trade for the rest

Countervailing duties (CVD)

Tariffs imposed to offset subsidies given by foreign governments to their exporters

Dispute settlement mechanism (DSM)

The WTO’s legal system for resolving trade disputes between countries through panels and appeals

Distributional consequences of trade

The idea that trade creates winners (exporters) and losers (import-competing industries and workers) within a country

Doha Round

A stalled WTO negotiation round focused on development and further trade liberalization, marked by major disagreement between developed and developing countries

Dumping

Selling goods in a foreign market at artificially low prices (below cost or domestic price) to gain market share

Embedded liberalism

A system combining free trade with domestic protections (like welfare or job support) to cushion the negative effects of globalization

Escape clause

A rule allowing countries to temporarily restrict imports if domestic industries are seriously harmed

Exporter

A firm or sector that sells goods abroad and benefits from open trade policies

General Agreement on Tariffs and Trade (GATT)

The post–WWII system of rules and negotiations that reduced tariffs and promoted global trade before the WTO

Generalized System of Preferences (GSP)

A program where developed countries give lower tariffs to imports from developing countries to support their growth

Gunboat diplomacy

Using military force or threats to secure economic or trade advantages

Import-competing sector

Domestic industries that compete with foreign imports and often push for protection

Judicial economy

A practice where WTO panels avoid ruling on all claims, limiting the scope of decisions (often to ease compliance or avoid conflict)

Judicial liberalization

The process where WTO courts (instead of negotiations) drive trade liberalization through legal rulings

Legislative deadlock

A situation where countries cannot agree on new trade rules, shifting power to courts instead

Market liberalism

An economic ideology favoring free markets, open trade, and minimal government intervention

Marrakesh Agreement (1994)

The agreement that created the WTO and formalized the global trade system

Most-Favored-Nation (MFN)

A rule requiring countries to treat all trading partners equally (no discrimination in tariffs)

National treatment

A rule requiring countries to treat foreign goods the same as domestic goods once they enter the market

Non-discrimination

The core WTO principle combining MFN and national treatment—countries cannot favor some partners or domestic firms unfairly

Non-tariff barrier (NTB)

Restrictions on trade other than tariffs (e.g., quotas, regulations, standards)

Regulatory barriers to trade

Domestic rules (health, safety, environmental standards) that indirectly restrict imports

Regulatory sovereignty

A country’s ability to set its own domestic rules without external interference

Safeguards

Temporary trade restrictions (like tariffs or quotas) used to protect domestic industries from sudden import surges

Tariffs

Temporary trade restrictions (like tariffs or quotas) used to protect domestic industries from sudden import surges

Trade Adjustment Assistance (TAA)

Government programs that help workers who lose jobs due to trade (retraining, income support)

Uruguay Round

A major trade negotiation (1986–1994) that created the WTO and expanded trade rules to new areas

World Trade Organization (WTO)

The global institution that sets trade rules, resolves disputes, and promotes trade liberalization

WTO rounds

Series of negotiations among member states to reduce trade barriers and update trade rules

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

A WTO agreement that sets global rules for protecting intellectual property (patents, copyrights), often benefiting advanced economies’ firms

Bilateral Investment Treaties (BITs)

Agreements between two countries that protect foreign investors (e.g., against expropriation) and encourage investment flows

Capital mobility

The ability of money/investment to move freely across borders (often promoted in modern trade agreements)

Customs union

A trade agreement where members eliminate internal tariffs and adopt a common external tariff toward outsiders

Deep integration

Trade agreements that go beyond tariffs to regulate domestic policies (e.g., environment, labor, investment)

Expropriation

When a government takes foreign-owned assets (with or without compensation)

Fair and equitable treatment

A legal standard requiring governments to treat foreign investors fairly, consistently, and without arbitrary actions

Free trade agreement (FTA)

An agreement where countries eliminate tariffs among themselves but keep independent external trade policies

GATT Article XXIV

A rule allowing countries to form FTAs or customs unions as exceptions to the non-discrimination (MFN) principle

Global value chains (GVCs)

Production processes spread across multiple countries, where different stages of making a product occur in different places

Indirect expropriation

When government actions don’t seize property directly but reduce its value so much it’s effectively taken

International Centre for Settlement of Investment Disputes (ICSID)

An international institution that arbitrates disputes between investors and states (often used in ISDS cases)

Investor-State Dispute Settlement (ISDS)

A system allowing foreign investors to sue governments in international tribunals for unfair treatment

Mercosur–EU agreement

A major FTA between the EU and South American bloc (Mercosur), with economic, geopolitical, and environmental implications

Optimal tariff theory

The idea that a large country can improve its terms of trade by imposing tariffs (at others’ expense)

Preferential trade agreements (PTAs)

Trade agreements that give special (discriminatory) benefits to member countries, deviating from MFN

Race to the bottom

Countries weaken regulations (labor, environment) to attract trade or investment

Regulatory chill

When governments avoid passing regulations (e.g., environmental laws) out of fear of being sued under ISDS

Regulatory sovereignty

A country’s ability to make its own domestic policies without external constraints

Security externalities of trade

Trade can affect national security (e.g., dependence on foreign supply chains, strategic industries)

Spaghetti bowl problem

The complex, overlapping web of trade agreements that makes global trade rules confusing and inefficient

Terms of trade

The ratio of export prices to import prices; determines how much a country gains from trade

Trade diversion

When trade shifts from a more efficient non-member country to a less efficient member country due to a trade agreement

Article IV consultations

Regular IMF check-ins with each country to evaluate its economy and exchange rate policies

Balance of payments

A record of a country’s transactions with the rest of the world (exports, imports, capital flows)

Bretton Woods Institutions

The IMF, World Bank, and GATT/WTO created in 1944 to manage the global economy and maintain global economic stability

Capital account liberalization

Removing restrictions on cross-border financial flows (letting money move freely)

Capital controls

Government restrictions on the movement of money across borders

Conditionality

IMF loans come with required policy changes (like austerity or reforms)

Democratic deficit

When international institutions (like the IMF) lack democratic accountability or representation

Developmental state

A model where the government actively guides economic development (e.g., East Asia)

Efficiency vs. equity tradeoff

Policies that increase total wealth (efficiency) may worsen inequality (equity)

Exchange rate regimes

The system a country uses to manage its currency (fixed, floating, etc.)

Externalities

When actions affect others without being reflected in prices (e.g., financial crises spreading globally)

Fixed exchange rates

Currencies are pegged to something (like gold or another currency)

Floating exchange rates

Currencies are determined by market forces (supply and demand)

Gold standard

A system where currencies are tied to gold, limiting monetary flexibility

IMF quota system

Each country’s financial contribution determines its voting power and access to loans

IMF surveillance

Monitoring countries’ economies and identifying risks to global stability

International Monetary Fund (IMF)

An international institution that monitors economies and lends to countries facing crises

Letter of Intent (LOI)

A document where a country promises policy reforms in exchange for IMF loans

Macro-conditionality

IMF conditions focused on big-picture policies (inflation, deficits, exchange rates)

Macroeconomic stability

A stable economy with low inflation, sustainable debt, and steady growth

Market fundamentalism

The belief that markets should operate with minimal government intervention

Micro-conditionality

IMF conditions targeting specific sectors or policies (privatization, deregulation)

Moral hazard

When actors take more risks because they expect to be bailed out (e.g., IMF lending)

Neoliberalism

A policy approach emphasizing free markets, privatization, and limited government

Ownership (conditionality)

The idea that countries are more likely to follow IMF conditions if they feel the policies are their own