National Security - Intl Law & Ocean Policy

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National Security - Intl Law & Ocean Policy
2011-03-28 00:44:45
law national security

ocean policy, international law,
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  1. what can be found occasionally building off the north coast of Hawaii or south of the Cape of Good Hope?
  2. what is international law?
    the body of rules that nations generally recognize as binding in their conduct toward one another.
  3. What are the four sources of International Law? #1
  4. What are the four sources of International Law? #2
    customary law
  5. What are the four sources of International Law? #3
    General principles of law
  6. What are the four sources of International Law? #4
    judicial decisions
  7. what is a belief by a state that they think international law requires or allows that particular practice?
    opinio juris
  8. what is state that consistently rejects an emerging rule of customary international law is not bound by it?
    Persistent objector
  9. what is a rule that has not become widely accepted is nonetheless binding between two or more States that have adopted it?
  10. how does the opposed rule regarded as to other states?
    that emerging rule is not “opposable” as to States that have rejected it.
  11. what does INCSEA stand for?
  12. Incidents at sea treaty
  13. when was INCSEA negotiated?
    (1972) Negotiated between USSR and US
  14. why was INCSEA negotiated?
    to prevent incidents at sea that could have led to nuclear war between US and USSR during the cold war.
  15. a body of legal theory asserting that there is an essential connection between law and divine justice and morality?
    Natural Law
  16. what is the legal theory that posits that law is a valid law or a practice if a State has properly adopted and follows it, and gets away with it, regardless of its moral implications?
    Legal positivism
  17. does legal positivism care about the moral quality of a law?
  18. what theory recognizes that law is always changing and made by imperfect beings?
    Legal realism
  19. posits that law is often indeterminate and is usually based on extralegal policy considerations (what the judge or lawmaker had for breakfast)?
    Legal realism
  20. what legal theory looks for the best result?
    legal realism
  21. Legal theory that favors states controlling resources and activities off their coasts.
    “Exclusive” interests (Seldon - English)
  22. what theory promotes the freedom of navigation and access to the resources off the coasts of other States?
    “Inclusive” interests
  23. what author promoted inclusive interest uses?
    Grotious (Dutch)
  24. what author promoted exclusive uses?
    Seldon (Brit) b/c of the fisheries they wanted to control.
  25. how was the world divided in the Treaty of Tordesillas of 1494?
    Spain got the Americas Portugal got Africa, the IO and the Far East.
  26. what treaty prohibited use of floating mines that did not disarm after their tactical usefulness had ended?
    Hague Convention on Naval Warfare of 1907
  27. what war was the result of the Hague Convention of 1907?
    Russo-Japanese war
  28. which prez issued a Proclamation Continental Shelf (1945)
  29. which leg of the nuclear triad was the least vulnerable?
    the nuclear submarine part
  30. did nuclear powers insist on their right to deploy nuclear armed submarines anywhere?
  31. what is the most potent extension of U.S. power from the sea?
    the carrier battle group