Final Exam Study Guide International Law Lectures Identify and explain the differences among the three schools of thought re garding what constitutes armed attack under Article 51 of the Charter of the United Nations The Strict Constructionist School reject anticipatory and preemptive self defense note that Article 51 acknowledges a right of self defense if an armed attack oc curs against a UN member The Imminent Threat School accept self defense accept that the language of Article 51 speaks of self defense in response to an armed attack yet note that the language points to a right that pre existed the Charter customary international law prior to 1945 recognized the ability of a state to de fend against not only an existing attack but also in anticipation of an imminent attack The Qualitative Threat School are qualitatively grave accept self defense against not just imminent threats but distant threats that agree that a state need not await an actual armed attack but believe that the requirement of an imminent threat is misplace List and explain the four principles of jus in bello Military Necessity can t wrongfully destroy civilian property or harm civilians should be military oriented and beneficial Discrimination Distinction and Civilian Immunity wear uniforms weapons visible combatants vs non combatants Proportionality the right of belligerents to choose means of warfare is not unlimited should not launch a military attack if the civilian deaths and tragedy would be clearly excessive in relation to the military gain Humanity must respect international human rights Explain the difference between personality strikes and signature strikes Signature Strikes many drone strikes carried out this way target individuals whose identities are unknown but who exhibit certain pat terns of behavior or defining characteristics associated with terrorist activity or plots against US interests more likely to involve civilians casualties some are not terrorists at all as has been claimed by locals Personality Strikes target specific known individuals people that the United States has been monitoring and knows for sure who the combatant is more likely to not involve civilian casualties Explain the four principles of the GATT Non Discrimination general most favored nation treatment treating other people equally must be national treatment in which you treat foreigners and locals equally gradual lowering of trade barriers to open up more trade also periodic multilateral trade negotiations more agreements meant more lib trade concessions should be reciprocated temporary exemption from GATT rules in cases of market disruption if the markets are bad then countries can disobey the rules of the GATT in order to get back on track it was the compromise of embedded liberalism Explain at least four differences between the European Union and the United States in approaching genetically modified organisms Regulation Principles European Union has process oriented regulation US has product oriented regulation EU practices the precautionary principle essential idea is that policy makers are obliged to act in situations where ir reversible damage is possible but scientific certainty is lacking US applies substantial equivalence Liberalization eralization Reciprocity Safeguards embodies the concept that if a new food or food component is found to be substantially equivalent to an existing food or food component it can be treated in the same manner with respect to safety Labeling EU has compulsory labeling all food must be labeled US has voluntary labeling labeling is up to you GMOs in EU consumers fear GMOs in US consumers trust GMOs Explain the difference between the common pool resource problem and the public good problem and provide one example of each Common Pool Resource Problem it is a non excludable good but is a rival good a common resource unlike public goods these face problems of congestion and overuse because they are subtractable main problem is over exploitation ex whale hunting Public Good Problem is a non excludable and non rival good meaning that individuals cannot be excluded from use and where participa tion of one does not limit participation of another main problem is free riding people not paying for the good may continue to access it ex clean air being polluted Explain the concept of epistemic community and its importance in regard to the larger concerns of the course Epistemic Community a network of professionals with recognized expertise and competence in a par ticular domain and an authoritative claim to policy relevant knowledge within that domain or issue area Influence on The Montreal Protocol Nobel Prize was awarded in Chemistry to Paul Crutzen Mario Molina and F Sherwood Rowland contributed to the scientific findings behind the CFCs informed the world of this and also influenced this issue area Influence on The Kyoto Protocol Nobel Prize in 2007 was awarded to IPCC and Al Gore for their work on global warming however still don t know whether it is a fact or hoax throughout our course we see the influence of domestic and international actors these epistemic communities influence many of the laws and treaties that we have who are profound in one issue today Name the United Nations three human rights instruments that constitute the International Bill of Human Rights You must write their full names Their acronyms are not acceptable 1948 The Universal Declaration of Human Rights International Covenant on Civil and Political Rights International Covenant on Economic Social and Cultural Rights Identify and explain the three models of accountability for past human rights violations The Immunity Impunity Model The State Accountability Model The Individual Criminal Accountability Model Identify and explain the five principles of jurisdiction under international Sean D Murphy law Territoriality Principle within its own territory its territory nity Nationality Principle a state has absolute but not exclusive power to regulate conduct that occurs it may also act to affect interests in a res or the status of persons located within reflects the global community s recognition that without the power to control acts or things located in it s territory a state could not exist serves to distribute competence among members of the international commu a state may exercise jurisdiction over its nationals and over their conduct even when they are physically outside the state s territory the national owes