Week 1

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Questions and Answers

What does the 'A' in the IRAC method stand for?

  • Arguments
  • Approach
  • Analysis
  • Application (correct)

Which of the following best describes a sovereign state?

  • A community with a shared religion
  • An entity with the legitimacy to use physical force within its territory (correct)
  • An organization led by international treaties
  • A territory controlled by foreign powers

According to Hobbes, what is the purpose of establishing a Leviathan?

  • To promote free trade among states
  • To prevent chaos in a state of nature (correct)
  • To create equal power among all individuals
  • To facilitate international diplomacy

What is included in the concept of state sovereignty?

<p>The guarantee of internal peace and external security (C)</p> Signup and view all the answers

What is NOT a component of the definition of a state as per the Peace Treaty of Westphalia?

<p>Economic Autonomy (D)</p> Signup and view all the answers

What characterizes the first era of international relations before 1648?

<p>Common acceptance of warfare and expansionism (C)</p> Signup and view all the answers

Which event marked the beginning of the second era of international relations?

<p>Treaty of Utrecht (D)</p> Signup and view all the answers

What primary shift occurred with the founding of the United Nations in 1945?

<p>War was declared illegal (A)</p> Signup and view all the answers

What is a key characteristic of the third era from 1945 to the present?

<p>NGOs emerged as significant actors on the international stage (B)</p> Signup and view all the answers

What did the concept of 'flipped sovereignty' introduced in the fourth era entail?

<p>Sovereignty now includes the obligation to protect populations (D)</p> Signup and view all the answers

Which pact is known for renouncing war?

<p>Kellogg-Briand Pact (B)</p> Signup and view all the answers

What role did the Treaty of Utrecht 1713 play in international relations?

<p>It shaped early inter-state relations (A)</p> Signup and view all the answers

Which statement accurately describes the increase in responsibilities of states in the modern era?

<p>States are held accountable for the protection of human rights (C)</p> Signup and view all the answers

What treaty was significant in setting human rights standards following the establishment of the United Nations?

<p>Universal Declaration of Human Rights (B)</p> Signup and view all the answers

Which conference aimed to promote peace and disarmament during the early 20th century?

<p>Hague Peace Conferences (A)</p> Signup and view all the answers

Flashcards

Sovereignty

The supreme and absolute power of a state within its own territory, free from external control.

Territorial Integrity

The right of a state to maintain its borders and territory free from invasion or interference by other states.

Equality of States

The ability of a state to interact with other states and international organizations on a level playing field. It includes diplomatic recognition and the right to participate in global affairs.

International Rule of Law

The principle that states must respect the laws and rules of international law and be bound by them.

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International Law

A body of rules and principles that govern the relations between states and international organizations.

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Pre-Westphalia Era

A period in history before the Peace of Westphalia (1648), characterized by a fragmented international system with various tribes, empires, city-states, and groups engaged in constant warfare and expansion.

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Post-Westphalia Era

The period following the Peace of Westphalia (1648), marked by the rise of sovereign states with defined territories, governments, and populations.

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Peace of Westphalia

The Treaty that ended the Thirty Years' War in 1648, laying the foundation for the modern state system based on sovereignty and the principle of non-interference in internal affairs.

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On the Law of War and Peace

Hugo Grotius's influential work on international law that attempted to establish a framework for regulating warfare, promoting natural law and the concept of just war.

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Treaty of Utrecht

An agreement signed in 1713, marking the end of the War of the Spanish Succession and establishing a new balance of power in Europe.

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Congress of Vienna

A series of meetings held in Vienna in 1815, aiming to restore order in Europe after the Napoleonic Wars, leading to the Concert of Europe, a system of international cooperation.

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Concert of Europe

A system of cooperation among European powers established after the Congress of Vienna, aiming to maintain peace and stability in Europe.

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UN Era

The era after the founding of the United Nations in 1945, characterized by international institutions and a focus on diplomacy and peacekeeping.

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Responsibility to Protect

A principle that states have a responsibility to protect their populations from genocide, war crimes, crimes against humanity, and ethnic cleaning.

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Study Notes

Public International Law - Overview

  • Public international law is a system of rules and principles governing relations between sovereign states and their interactions with international organizations like the UN.

How to Answer Exam Questions

  • Use the IRAC method or a similar method (e.g., FIRAC).
    • Facts: Summarize the relevant facts.
    • Issue: Identify the area of law (e.g., State Responsibility, Collective Security) and formulate a legal question.
    • Rule: Determine the relevant laws and rules.
    • Application/Analysis: Apply the facts to the rules and relevant case law.
    • Conclusion: Answer the legal question (often Yes/No) with an explanation.

What is a State?

  • A state is a human community claiming a monopoly on the legitimate use of force within a defined territory.
  • It is the basis of international law, having rights and responsibilities.
  • Relevant characteristics of a state include:
    • Sovereignty: Governing authority of a state
    • Territorial Integrity: Maintaining the state's borders
    • Equality of States: All states are equal under international law

Eras of Sovereignty and International Law

  • Pre-Westphalia: States evolved (different tribes, empires, etc) with conflict accepted.
  • 1648–1945 (Second Era): Rise of sovereign states with defined borders and use of diplomacy to resolve conflict
  • Notable examples include the Treaty of Utrecht, Congress of Vienna, Hague Peace Conferences, Kelogg-Briand Pact, League of Nations and the Montevideo Convention.
  • 1945–present (Third Era): United Nations' establishment and development of human rights.
  • Notable elements include the UN's foundational principles and the emergence of international human rights.
  • Beyond 2005 (Fourth Era): Responsibilities to protect populations.

The Role of States

  • States are sovereign entities.
  • International law is made with their consent.
  • States largely influence international organizations.
  • Only states can participate in UN Security Council actions related to international peace.
  • States are the primary actors in international courts and tribunal proceedings, making and applying international law.

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