private international law
ans: conflict of laws that govern within states (travel, crime)
regulates private transactions, dealings, and disputes between legal subjects that involve
foreign elements
Question domestic legal system
ans: laws that operate within a state
Question public international law
ans: governs relations primarily between states and other subjects of IL (in times of war,
peace, treaties, etc.)
Question traditionally, IL only applied to states. what was the exception to this (16th,
17th c.)?
ans: pirates
Question where and by whom would pirates be tried?
ans: any state could capture and try within that state
Question when did IL expand beyond regulating just states?
ans: post WWII
Question natural persons
ans: human beings
Question artificial persons
ans: institutions, corporations
Question domestic laws are addressed to two types of individuals:
ans: natural and artificial
Question IL regulates ________ of states and other entities
ans: behavior
Question differences between international law and domestic law
ans: -IL lack of central authority
-decentralization of legal function
-domestic realm is hierarchical, use of force is forbidden
-lack of enforcement in IL
Question how do international courts differ from domestic (ICJ, ICC)
ans: issue judgements but largely no enforcement, states elect to be in them
Question decentralization
ans: Degree to which decision-making authority is given to lower levels in an
organization's hierarchy.
the transfer of authority from central to local government
Question what does it mean that international law has decentralization of legal function
,ans: no one governing/legislative body, rely on political associations (EU, Arab League),
treaties (TPP, NATO, Paris Accords), UN, ICC, ICJ
can't weigh against each other
Question horizontal relationships between states
ans: all states equal in theory, same plane/playing field
Question what does the seesaw example explicate?
ans: though states are equal in theory, some have more power in the formation of IL
(weigh Russia against Tuvalu--should balance but in reality Russia more substantial)
Question anarchy
ans: a lack of government and law; lack of centralized rules/political authority
Question how can IL be abused (i.e. Russia invading Crimea)
ans: use IL to appear to be law-abiding citizens, but then use it as justification for
something illegal (Russia invades Crimea because Crimea traditionally a part of Russia)
Question who makes the rules in IL, who has to follow
ans: the powerful make the rules for everyone to follow
Question how does Montesquieu explain international law
ans: "in its present state, this branch of law is a science which explains to a king how far
he can violate justice without damaging their own interests"
Question counterarguments to critics of IL because states violate
ans: -just because people violate doesn't mean laws don't/shouldn't exist
-overestimate efficacy of DL (speed limits)
Question what is an example of overestimation of the efficacy of domestic law
ans: speed limits
Question what three major things is missing in IL (and present in DL)
ans: 1. no third party enforcement
2. legislators
3. judiciary with compulsory jurisdiction
Question why is it beneficial for states to abide by IL?
ans: -to have a positive reputation
-more order, predictability --> easier for economic transactions to take place
-trade, foreign investments --> need to gauge risks, benefits
-more confident if operating under same set of rules
Question reciprocity
ans: what you give you expect to get back in return
Question traditional definition of international law
ans: body of principles, customs, and rules recognized as effectively binding obligations
by sovereign states and other entities with international personality
, Question modern definition of international law (American Law Institute)
ans: consists of rules and principles of general application dealing with the conduct of
states
Question history: IL in Mesopotamia
ans: treaty that talks about how to peacefully resolve disputes between
communities/identites
Question history: IL in Greece
ans: interrelationships built within Hellenistic War (treaties), protection of diplomats (still
valid), declaration of war
Question international arbitration developed in __________ (country)
ans: Greece
Question diplomatic immunity
ans: A privilege under which diplomats' activities fall outside the jurisdiction of the host
country's national courts
-cannot be personally violated, stuff can't be touched
Question where did diplomatic immunity originate
ans: Greece
Question history: IL in Rome
ans: jus gentium governs relationships between Roman citizens and foreigners as well as
relationships between foreigners within the Roman Empire (trade, travel)
Question jus gentium
ans: the law of nations, international law
Question jus gentium is considered:
ans: the beginning of IL
Question where did IL theorists live
ans: historically strong European countries (Western powers, UK, France, Germany,
Spain, Netherlands, USA)
Question why is it significant that most IL theorists have similar origins
ans: not truly international
Question Francisco Vitoria
ans: 16th c. canon lawyer, Dominican priest, theologian
De Indis: philosophical and moral arguments concerning the legality of Spain's treatment of
the Amerindians (treat like a sovereign state)
war must have just causes (connected to religious beliefs)
Question what was Francisco Vitoria's main contribution to IL
ans: conflict of laws that govern within states (travel, crime)
regulates private transactions, dealings, and disputes between legal subjects that involve
foreign elements
Question domestic legal system
ans: laws that operate within a state
Question public international law
ans: governs relations primarily between states and other subjects of IL (in times of war,
peace, treaties, etc.)
Question traditionally, IL only applied to states. what was the exception to this (16th,
17th c.)?
ans: pirates
Question where and by whom would pirates be tried?
ans: any state could capture and try within that state
Question when did IL expand beyond regulating just states?
ans: post WWII
Question natural persons
ans: human beings
Question artificial persons
ans: institutions, corporations
Question domestic laws are addressed to two types of individuals:
ans: natural and artificial
Question IL regulates ________ of states and other entities
ans: behavior
Question differences between international law and domestic law
ans: -IL lack of central authority
-decentralization of legal function
-domestic realm is hierarchical, use of force is forbidden
-lack of enforcement in IL
Question how do international courts differ from domestic (ICJ, ICC)
ans: issue judgements but largely no enforcement, states elect to be in them
Question decentralization
ans: Degree to which decision-making authority is given to lower levels in an
organization's hierarchy.
the transfer of authority from central to local government
Question what does it mean that international law has decentralization of legal function
,ans: no one governing/legislative body, rely on political associations (EU, Arab League),
treaties (TPP, NATO, Paris Accords), UN, ICC, ICJ
can't weigh against each other
Question horizontal relationships between states
ans: all states equal in theory, same plane/playing field
Question what does the seesaw example explicate?
ans: though states are equal in theory, some have more power in the formation of IL
(weigh Russia against Tuvalu--should balance but in reality Russia more substantial)
Question anarchy
ans: a lack of government and law; lack of centralized rules/political authority
Question how can IL be abused (i.e. Russia invading Crimea)
ans: use IL to appear to be law-abiding citizens, but then use it as justification for
something illegal (Russia invades Crimea because Crimea traditionally a part of Russia)
Question who makes the rules in IL, who has to follow
ans: the powerful make the rules for everyone to follow
Question how does Montesquieu explain international law
ans: "in its present state, this branch of law is a science which explains to a king how far
he can violate justice without damaging their own interests"
Question counterarguments to critics of IL because states violate
ans: -just because people violate doesn't mean laws don't/shouldn't exist
-overestimate efficacy of DL (speed limits)
Question what is an example of overestimation of the efficacy of domestic law
ans: speed limits
Question what three major things is missing in IL (and present in DL)
ans: 1. no third party enforcement
2. legislators
3. judiciary with compulsory jurisdiction
Question why is it beneficial for states to abide by IL?
ans: -to have a positive reputation
-more order, predictability --> easier for economic transactions to take place
-trade, foreign investments --> need to gauge risks, benefits
-more confident if operating under same set of rules
Question reciprocity
ans: what you give you expect to get back in return
Question traditional definition of international law
ans: body of principles, customs, and rules recognized as effectively binding obligations
by sovereign states and other entities with international personality
, Question modern definition of international law (American Law Institute)
ans: consists of rules and principles of general application dealing with the conduct of
states
Question history: IL in Mesopotamia
ans: treaty that talks about how to peacefully resolve disputes between
communities/identites
Question history: IL in Greece
ans: interrelationships built within Hellenistic War (treaties), protection of diplomats (still
valid), declaration of war
Question international arbitration developed in __________ (country)
ans: Greece
Question diplomatic immunity
ans: A privilege under which diplomats' activities fall outside the jurisdiction of the host
country's national courts
-cannot be personally violated, stuff can't be touched
Question where did diplomatic immunity originate
ans: Greece
Question history: IL in Rome
ans: jus gentium governs relationships between Roman citizens and foreigners as well as
relationships between foreigners within the Roman Empire (trade, travel)
Question jus gentium
ans: the law of nations, international law
Question jus gentium is considered:
ans: the beginning of IL
Question where did IL theorists live
ans: historically strong European countries (Western powers, UK, France, Germany,
Spain, Netherlands, USA)
Question why is it significant that most IL theorists have similar origins
ans: not truly international
Question Francisco Vitoria
ans: 16th c. canon lawyer, Dominican priest, theologian
De Indis: philosophical and moral arguments concerning the legality of Spain's treatment of
the Amerindians (treat like a sovereign state)
war must have just causes (connected to religious beliefs)
Question what was Francisco Vitoria's main contribution to IL
