Understanding International Law: Key Concepts & Definitions
International Law: Key Concepts and Definitions
International Law:
- Parties to, by, in
- By becoming to
- Under to
- International laws to
- The council on
Prefixes:
- Bi: Two
- Inter: Between, among
- Intra: Within, inside
- Multi: Many
- Non: Not, other than
- Supra: Above, beyond
Examples:
- Interagency: Involving two or more agencies, especially government agencies.
- Non-aligned: Neutral, especially towards major powers.
- Non-governmental: Without any participation or representation of a government.
- Multinational: Involving several different countries.
- Intrastate: Within the boundaries of a state.
Legal Instruments: Recommendations and opinions; regulations; directives; decisions; communications.
Definitions:
- Presumption: When you believe that something is true without having any proof.
- Governs: Controls and directs the public business of a country, city, group of people, etc.
- Rigid: Incapable of compromise or flexibility.
- Entitled: Given the right to do or have something.
- Narrow: Limited.
- Infringement: The breaking of a rule or law.
- Ruling: A decision in a case.
- Extended: When the influence of something is expanded.
- Test: A question that helps a judge reach a decision.
Concepts: Binding source of law; advisory standards; customary international law; enforceable practices; governmental organization; intellectual property rights.
Examples:
- Finland and Sweden: Bilateral
- A: Non-governmental
- The EU is a: Supranational
- The International Court: Inter-state
Explanations:
- A customs union is, put simply, a group of nations who wish to remove customs barriers between them.
- A legal framework is, in essence, a broad system of rules.
- A charter is an agreement by which rights are granted to an international body by the signatory nations to the agreement.
- Conflict of laws refers to the body of law dealing with disputes between private persons who live in different jurisdictions; in other words, it deals with such questions as which law applies in the case at hand.
Key Terms:
- Nation State: An independent state or country whose people mostly share a common identity.
- Public International Law: The law governing the rights and duties of states in relation to each other.
- Private International Law (also Conflict of Laws): The laws governing the rights and duties of private individuals and business entities from different legal jurisdictions (also called ‘conflict of laws’).
- Supranational Law: International law accepted by states as superior to their own national law (e.g., European states and the European Conventions).
- Treaty: International agreement between different states.
- Jurisdiction: The authority and power to interpret and apply the law.
- Patent: A license that gives an inventor the exclusive right to make, use, or sell his/her invention for a set period of time.
- Infringement: Breaking the terms of a law or agreement, e.g., illegal use of someone’s intellectual property.
- Entitled: Given the right to do or have something.
- Presumption: The belief that something is true without having any actual proof.
- Forum Shopping: When more than one court has possible jurisdiction over a claim, choosing the court that is most likely to issue a favorable ruling (e.g., by awarding higher damages).
- Cause of Action: The facts that give a claimant the right to sue in court.
- Renvoi: The process by which a court adopts the rules of a foreign jurisdiction in any conflict of laws.
- Competent (with regard to a court’s powers): The court has jurisdiction to rule on a case.
- Domicile: The place where a person generally lives.