International Law Ch 2
Non-self-executing treaty
"without direct effect" -requires congressional action before enforceable -no laws enacted yet (NOT binding).
Signatories
-nations adopting a treaty -but NOT binding
Sources of International Law
-treaties -customs -general principles of law
The most frequent source for international law is
The Statute of International Court of Justice.
Customary International Law
International rules that have become binding through a pattern of consistent, longstanding behavior
Convention
a legally binding multilateral treaty of matters of common concern
stare decisis
"Let the decision stand"; decisions are based on precedents from previous cases
Nations that agree in writing in advance to submit certain cases to the ICJ are said to have submitted to ______.
-Compulsory jurisdiction -Unique to ICJ, relates to being found by decisions of ICJ and agreeing to submit to what may even be a negative court decision.
The primary source of customary international law rules for interpretation of treaties is:
-Defined in the Vienna Convention on the Law of Treaties. -Remember that the licensor is the "actor" who owns the intellectual property
The case of Liechtenstein v. Guatemala decided by the UCJ in 1955 focused on the concept of:
-Diplomatic protection -Court decides which state has/does not have the right to exert diplomatic protection of Mr. Nottebohm's rights.
Ratification
-Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty. -Agree to binding.
An example of a treaty automatically creating legal rights in the courts of a signatory state includes:
-Montreal Convention for the Unification of Certain Rules for International Carriage by Air -This treaty automatically gives citizens of signatory states certain legal rights in domestic courts against international air carriers for damages relating to death, personal injury, or lost luggage.
International Labor Organization
-Primary goal is to improve working conditions, living standards, and the fair and equitable treatment of workers in all countries -international labor standards (recommendations) for basic worker rights.
A written and binding agreement between three or more countries given effect under international law is best described as a(n):
Multilateral treaty.
A US citizen (individual or company) owes a duty to pay income taxes no matter where the income was earned. Which is the basis for exercise of this power to collect such tax by the United States?
Nationality jurisdiction
In the legal systems of the United Kingdom and United States, the reasoned decisions of judges become the law controlling the case, and the precedent of similar cases is binding on future cases. This is called:
-The common law system
A nation has clear power over all persons (citizens and non-citizens), places and power within its geographical area, airspace or defined waters. This states the principle of:
Territorial jurisdiction.
Which item below gives federal courts in the United States jurisdiction over civil claims for damages brought by non-US citizens for torts committed against them by other non-citizens outside the US?
US Alien Tort Statute.
Protocol
modifies/adds to a treaty or convention
self-executing treaty
-terms have become enforceable law. -"domestic law effect" or "direct effect"
Reservation
-exception to treaty -zero support
International Court of Justice
-UN body that makes legal decisions involving disputes between national governments. -no individuals.
Objective territoriality
-When act committed outside territory has effect inside the other nation. -"effects principle"
Treaties of Friendship, Commerce, and Navigation (FCN)
-bilateral agreement for protection to foreign nationals doing business in the host country. -Ensures payment.
Nationality Principle
-citizens must comply to laws of their country no matter where they are in the world; - "obligation of citizenship."
Civil law judges DO NOT
-create binding precedent -investigative role in criminal cases. -In contract cases they do the work of the judge and jury -Trained to interpret the law.
Private International Law
-deals with rights and responsibilities of private individuals or corporations operating in an international environment. -ie: contracts, adoption, shipping, etc.
Passive Principle
-gives country the right to hear cases from crimes committed against their own citizen by non-citizens outside the country. -Connection= nationality of the victim.
Civil Law
-laws affecting private rights and remedies. -In comparative—refers to modern legal systems derived from ancient roman law. -contract, family/inheritance, torts.
Universality Principle
-permits any country to prosecute perpetrators of universally heinous crimes, regardless of location or nationality. -Does not include terrorism (because there is no universal definition).
If you are asked which nations below are NOT a signatory to the Rome Statute of the International Criminal Court, which is your best response?
None of these three states are signatories.
Organisation for Economic Cooperation + Development
guidelines for encouraging responsible business conduct.
Protective Principle
jurisdiction over non-citizens for acts committed abroad on the basis of national security.
CERES Principles
network committed to environmentally and socially conscious business principles
Common Law
reasoned decisions of judges become the law of the case, a legal precedent binds judges in deciding similar cases in the future.
Public International Law
rules that apply to the conduct of nations with other nations, their relationship with eachother, and their citizens
Territoriality Principle
nations jurisdiction over all persons, things, and places within the nations territory.
UN Global Compact
partners who pledge to support voluntary principles on human rights, labor standards, the environment, and corruption.
Diplomatic protection
the right of one nation to take diplomatic or judicial action to protect the rights of a person to whom it has granted nationality from a violation of international law by another nation
