Law Exam Review PDF

1. Natural Law and Positive Law Theorists ​ Natural Law Theorists: Believe laws derive from universal moral principles (e.g., Aristotle, Thomas Aquinas, John Locke). Laws are valid only if they align with morality. ​ Positive Law Theorists: Believe laws are human-made rules enforc...

1. Natural Law and Positive Law Theorists ​ Natural Law Theorists: Believe laws derive from universal moral principles (e.g., Aristotle, Thomas Aquinas, John Locke). Laws are valid only if they align with morality. ​ Positive Law Theorists: Believe laws are human-made rules enforced by authority (e.g., Thomas Hobbes, John Austin, H.L.A. Hart). Morality is separate from legality. 2. The Political Spectrum A visual representation of political ideologies: ​ Left: Progressive, equality-driven policies (e.g., socialism, communism). ​ Right: Conservative, individual freedom-focused (e.g., capitalism, nationalism). ​ Center: Moderation, compromise between extremes. 3. Factors Driving Changes in Law ​ Social Changes: Shifting norms, values, and demographics. ​ Technological Advances: Cybersecurity laws, AI regulation. ​ Economic Factors: Trade, labor laws, inflation. ​ Environmental Needs: Climate change agreements. ​ Globalization: Increased interdependence impacts treaties. Impact: Alters enforcement, public behavior, and international relations. 4. Human Rights Watch (HRW) An NGO that investigates human rights abuses globally. ​ Methods: Research, interviews, documentation, advocacy campaigns. ​ Purpose: Influence policy, hold violators accountable, raise awareness. 5. NAFTA, EU, Brexit, USMCA, ICC ​ NAFTA: North American Free Trade Agreement (Canada, US, Mexico) – replaced by USMCA in 2020. ​ EU: European Union – political/economic union with shared policies. ​ Brexit: UK's exit from the EU (2016 referendum). ​ USMCA: United States-Mexico-Canada Agreement – modernized NAFTA. ​ ICC: International Criminal Court – prosecutes war crimes, genocide, crimes against humanity. 6. Treaty Negotiation Stages 1.​ Negotiation: Discussions and drafting. 2.​ Adoption: Agreement on text. 3.​ Signature: Commitment to intent. 4.​ Ratification: Domestic approval process. 5.​ Entry into Force: Treaty becomes legally binding. 6.​ Implementation: Enforcing and monitoring compliance. 7. International Boundary Laws ​ Airspace: Sovereign up to ~100 km. ​ Outer Space: Governed by the Outer Space Treaty (1967). ​ Continental Shelf: Coastal state rights under UNCLOS. ​ Antarctica: Governed by the Antarctic Treaty (1959) – no territorial claims. ​ Internal Waters: Fully sovereign (e.g., bays, rivers). 8. Sanctions and Subsidies ​ Sanctions: Penalties (economic, political, military). ○​ Types: Trade embargoes, asset freezes, travel bans. ○​ Positives: Pressure on states, targeted impact.  ○​ Negatives: Economic harm to civilians, limited effectiveness. ​ Subsidies: Government support (financial or resource-based). ○​ Positives: Boosts industries, protects jobs. ○​ Negatives: Trade distortion, fiscal burden. 9. International Safety and Security Agreements Examples: ​ NPT (Nuclear Non-Proliferation Treaty): Limits nuclear weapon spread. ​ CTBT (Comprehensive Test Ban Treaty): Prohibits nuclear testing. ​ Chemical Weapons Convention: Bans chemical weapons. 10. UN Structure and Organs ​ General Assembly (GA): Policy-making body, all members. ​ Security Council: 15 members (5 permanent with veto). Handles peace/security. ​ Secretariat: Administrative branch, led by Secretary-General. ​ ICJ: Judicial arm resolving disputes and advising legal issues. 11. UN Declaration Non-binding statement expressing member consensus (e.g., Universal Declaration of Human Rights). 12. Key Diplomacy Terms ​ Unilateralism: One state acting alone. ​ Multilateralism: Multiple states collaborating. ​ Bilateralism: Between two states. ​ Binding: Legally enforceable. ​ Consular Relations: Diplomatic services for citizens abroad.  ​ Diplomatic Immunity: Protection for diplomats. ​ Asylum: Protection for persecuted individuals. 13. NGOs ​ Role: Advocacy, humanitarian aid, policy influence. ​ Strengths: Grassroots presence, flexibility, independence. ​ Challenges: Funding, political interference, limited authority. 14. International Financial Organizations Examples: ​ IMF: Stabilizes global economy. ​ World Bank: Funds development projects. ​ WTO: Regulates trade.​ Role: Economic stability, development, and trade governance. 15. Peacekeeping Funding and Focus ​ Funding: UN member contributions. ​ Focus Shift: From traditional conflict mediation to broader roles (e.g., nation-building, protecting civilians). 16. Environmental Agreements ​ Copenhagen Accord: Voluntary emissions cuts – limited enforcement. ​ Kyoto Protocol: Binding targets for developed nations – criticized for exemptions. ​ Paris Agreement: Global effort to limit temperature rise – more inclusive but non-binding.