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Transnational Law and Global Governance

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Customary International Law

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A legal system consisting of customs that are accepted as legal requirements or obligatory conduct by states, evidenced by general practice and accepted as law (opinio juris).

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Sovereignty

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The full right and power of a governing body to govern itself without any interference from outside sources or bodies. In international law, sovereignty means a state's ability to control its affairs without being subjected to external legal and physical coercion.

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International Humanitarian Law (IHL)

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A set of rules that seek to limit the effects of armed conflict by protecting persons who are not or no longer participating in the hostilities, and by restricting and regulating the means and methods of warfare.

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World Trade Organization (WTO)

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An international organization that regulates international trade. The WTO officially commenced in 1995, replacing the General Agreement on Tariffs and Trade (GATT).

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State Responsibility

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A principle in international law which holds that a state may be held accountable for the wrongful actions breaching international obligations against another state, entities, or individuals.

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Immunity from Jurisdiction

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A principle that a sovereign state or its political subdivisions, heads of state, diplomats, and other entitled officials are not subject to the jurisdiction of foreign courts and laws in certain circumstances.

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Non-refoulement

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A foundational principle of international refugee law that prohibits a country from returning refugees to a country where they risk persecution. It is enshrined in the 1951 Refugee Convention.

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Diplomatic Asylum

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The practice of a state granting refuge within its diplomatic premises to individuals fearing persecution or arrest by the host state. It is a controversial concept and not widely accepted in international law.

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Supranational Law

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A form of international law that is based on the limit or outright transfer of the rights of sovereign nations to decide certain matters at an international level, such as EU law, which supersedes national laws.

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Principle of Comity

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A principle of international law where one jurisdiction will give effect to the laws and judicial decisions of another jurisdiction, out of courtesy, mutual respect, or recognition of the latter's legal validity.

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Law of the Sea

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A body of public international law that governs the rights and responsibilities of states with respect to the use of the world's seas and oceans and their resources. It's codified by UNCLOS.

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International Criminal Law

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A body of laws that deals with the criminal responsibility of individuals for offenses of international concern such as genocide, war crimes, and crimes against humanity.

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International Environmental Law

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A collection of treaties and customary international rules concerning the protection of the environment, addressing issues like global warming, biodiversity, and transboundary pollution.

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Transnational Litigation

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Litigation that involves disputes among private parties, entities, or governments across national borders. It raises questions about jurisdiction, choice of law, and the enforcement of judgments.

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International Legal Personality

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Refers to entities or individuals that possess legal rights and obligations under international law. Traditional subjects include sovereign states and international organizations, while non-state actors and individuals are increasingly being recognized.

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International Arbitration

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A method of resolving disputes under international commercial contracts and international investment agreements. Parties agree to have their disputes decided by impartial arbitrators and to be bound by the arbitral award.

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Human Rights Law

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A system of laws, both domestic and international, designed to promote and protect human rights. Key documents include the Universal Declaration of Human Rights and various international human rights treaties.

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Transnational Corporations (TNCs)

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Corporations that operate in more than one country or nation at a time. They can pose challenges for international law in terms of jurisdiction and accountability.

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Soft Law

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International norms, principles, and practices that are not legally binding but have significant influence on state behavior and international relations, such as resolutions of the UN General Assembly.

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Jurisdiction

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The legal authority a state has to exercise its power over persons, property, and events. Jurisdiction can be territorial, extraterritorial, or based on nationality principles.

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Principle of Non-Intervention

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A foundational principle of international law which prohibits states from interfering with the internal or external affairs of other states. This principle is closely related to the concept of sovereignty.

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Extradition

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The formal process whereby one country transfers a suspected or convicted criminal to another country upon the request of the latter's authorities, usually under the terms of a treaty.

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International Court of Justice (ICJ)

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The principal judicial body of the United Nations, often referred to as the World Court. Its role is to settle, in accordance with international law, legal disputes submitted by states.

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Treaty

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An international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments.

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Public International Law

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The legal system governing relationships between states and international entities, encompassing international treaties, customs, and principles that dictate how states should cooperate and coexist.

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