Unit 3 - Legal basis of international relations Flashcards by Josiah Joseph Asegurado (2024)

1

Q

Laws that regulate relations of states and international persons

A

International law

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2

Q

Laws that regulate individuals among themselves or within states

A

National law

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3

Q

An international agreement between states, in written form and governed by international law, embodied in a single instrument or in two

A

Treaty

International convention = Treaty

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4

Q

Mainly based under section 2, Art II. of the 1987 constitution.
International law are part of state law

A

Doctrine of incorporation

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5

Q

enactment by the legislative body of such international law principles are sought to be part of municipal law

A

Doctrine of transformation

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6

Q

Also known as customary law, consist of law derived from the consistent conduct of states, acting out of belief that the law required them to act that way

A

International customs

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7

Q

Practice among states within a particular area of the world which can be sufficiently well stablished and accepted as the law

A

Regional customs

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8

Q

it occupies another category of international customs, these refers to norms that command peremptory authority

A

Jus cogens (Compelling law)

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9

Q

refers to an obligation under general international law that a state owes in any given case to the international community

A

Obligations erga omnes (“Towards all”)

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10

Q

is obliged to refrain from acts which would defeat the object and purpose of the treaty

A

State

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11

Q

A treaty bind the party and only the parties

A

pacta tertiis nec nocent nec prosunt

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12

Q

“agreements must be kept” - every treaty in force is binding upon the parties and must be perform by good faith

A

pacta sunt servanda

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13

Q

“things standing thus” - fundamental change of circ*mstances which has occurred with regard to those existing at the time of conclusion of a treaty

A

rebuc sic stantibus

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14

Q

Are entities to have the rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims

A

States

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15

Q

A legal bond as its basis a social fact of attachment a genuine connection of existence, interest, and sentiments, together with the existence of reciprocal rights and duties

A

Nationality

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16

Q

a person who, owing to a well founding fear of being persecuted as a race, religion, nationality, and is outside of his country and is to avail himself of the protection of that country

A

Refugee

17

Q

an act by which states acknowledges the existence of another state, government and is willing to deal with the entity under the rules of international law

A

State recognition

18

Q

This doctrine precludes the recognition of governments established by revolution, civil war or other internal violence

A

Wilson/ Tobar doctrine

19

Q

This doctrine pertains to denial of diplomatic recognition to any regime, right of left, which come to power by military

A

Betancourt doctrine

20

Q

This doctrine precludes the recognition of an entity which is not legally a state as it continuous to abuse its power

A

Louterpacht doctrine

21

Q

This doctrine precludes the recognition of any other government established as a result of any external aggression

A

Stimson doctrineq

22

Q

Use of armed force by a state against sovereignity

A

Aggression

23

Q

pertains to a status of no nationality as a consequence of being born without any nationality

A

statelessness

24

Q

a body of international rules that bind states and other subjects of international law in their maritime affairs

A

Law of the sea

25

Q

The line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured

A

Baseline

26

Q

a state constituted wholly by one or more archipelagos

A

Archipelagic state

27

Q

group of islands, part of islands, interconnecting water and other natural features

A

Archipelago

28

Q

pertains to the exercise in accordance with UNCLOS II of the rights of navigation and overflight of mode solely for the purpose of continuous, and unobstructed transit between one part of high sea or exclusive economic zone

A

Archipelagic sea lanes passage

29

Q

An area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea

A

Exclusive Economic Zone (EEZ)

30

Q

compromises the seabed and subsoil of the submarine areas that extend beyond its territorial sea through the natural prolongation of its land territory

A

Coastal shelf of a coastal state

31

Q

are all parts of the sea that are not within EEZ, the territorial seas, internal seas

A

High seas

32

Q

year of when human rights is established

A

December 10, 1984 at Palais de Challiot

33

Q

one who is engaged, in a remunerated activity in a state of which he is not a national

A

Migrant worker

34

Q

branch of public international law compromising of those substantive, procedural, and institutional rules which have as their primary objective the PROTECTION OF ENVIRONMENT

A

International environmental law

35

Q

A

Unit 3 -  Legal basis of international relations Flashcards by Josiah Joseph Asegurado (2024)

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