Key Terms for Topic A
- International Law Commission (ILC) - The ILC was assembled under the General Assembly and works to develop and define international law. Specifically, the ILC was created to undertake article 13(1)a of the Charter of the UN, to “"initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification”. It has established diplomatic protection as an area of research and also drafted the Articles on the Responsibility of States for Internationally Wrongful Acts.
- Citation: https://ilsgeneva.ch/node/4
- International Court of Justice (ICJ) - The ICJ is one of the six organs of the United Nations and its role is to settle legal disputes between different countries and cases submitted by states otherwise known as contentious cases. It also writes advisory opinions when agencies or other UN organs submit legal questions to them; this is called advisory proceedings. The ICJ has judicial powers, but it also lacks any enforcement capabilities.
- Citation : https://www.icj-cij.org/en/court
- Expeditionary diplomacy - This term was first introduced by the Bush administration to better prepare the government for foreign diplomats for work with other countries such as Iraq and Afghanistan. It refers to deployment of foreign personnel in countries with fragile environments that might cause harm to the personnel.
- Citation: https://2009-2017.state.gov/j/cso/releases/remarks/2013/214373.htm
- Articles on Responsibility of States for Internationally Wrongful Acts - This was a document that was adopted by the Commission during the 53rd session. It was drafted by the International Law Commission and it establishes what kinds of acts states are obligated to take responsibility for.
- Citation: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf
- Neo-imperialism - Neo-imperialism refers to a twentieth century practice of dominion or hegemony over another state through means of economic or cultural influence or legal agreements. It can be argued that the United States engages in neo-imperialism through diplomatic protection by sending foreign personnel to politically unstable countries.
- Citation: https://www.encyclopedia.com/social-sciences/applied-and-social-sciences-magazines/neoimperialism
- Inter-Governmental Organizations (IGO) - IGOs are institutions established by treaties and involving two or more countries that are created to address issues of common interest. These IGOs are also subject to international law and can enter agreements with other states or IGOs. Some prominent examples of IGOs are the United Nations, NATO, and the World Health Organization.
- Citation: https://hls.harvard.edu/dept/opia/what-is-public-interest-law/public-service-practice-settings/public-international-law/intergovernmental-organizations-igos/
- Non-Governmental Organizations (NGO) - Although the definition varies, NGOs are any group that is not affiliated with the government that are created in order to advocate for certain policies. Some prominent examples of NGOs are Amnesty International, Doctors without Borders, and Greenpeace.
- Citation: https://www.britannica.com/topic/nongovernmental-organization
- Institute of International Law - The Institute of International Law is an international organization that was created in order to develop and implement international law. From its 1927 resolution, they associated diplomatic protection with a state’s responsibility over foreigners.
- Citation: https://www.britannica.com/topic/Institute-of-International-Law
- 1996 World Bank Convention on the Settlement of Investment Disputes - The ICSID was held to create guidelines that would help facilitate disputes involving conciliation and arbitration of investment disputes between different states. In this, diplomatic protection was not allowed to be a means to resolve disputes.
- Citation: https://icsid.worldbank.org/sites/default/files/ICSID%20Convention%20English.pdf
- Articles on Diplomatic Protection - This document drafted by the ILC gave greater insight into diplomatic protection and the procedures that should be used around it. The document explains under what circumstances a state can use diplomatic protection.
- Citation: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_8_2006.pdf
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