Term
| What are the two major sources of international law |
|
Definition
| Treaties and customary law |
|
|
Term
| How can the judiciary oversee the executive |
|
Definition
| The judiciary can oversee the executive through judicial review. If there is reason to question regulations, the judiciary can use judicial review to make sure there is no foul play. |
|
|
Term
| In relation to international law; what does 'Jus Cogens' Mean |
|
Definition
| International customary law that must be followed by nation states. Jus cogens is the most inflexible law. No state is permitted to break these laws, which include the prohibition of genocide, torture, slavery and wars of aggression. |
|
|
Term
| What is international law? |
|
Definition
| International law consists of rules that govern relationships involving states and international organisations. |
|
|
Term
| What was John Austin's famous definition of law? |
|
Definition
| A command issued by a sovereign, backed by a sanction. |
|
|
Term
| What two points make international law; using John austins definition, not really law? |
|
Definition
first, the international body does issue commands but since the UN is relient on nations voluntarily signing to treaties, they don't have to adhere too commands.
Secondly, there is no recognisable sovereign in international law. |
|
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Term
| What are the two forms treaties come in? |
|
Definition
| Multi-lateral (many nations) and bi-lateral (two nations) |
|
|
Term
| What are two examples of international treaties? |
|
Definition
Treaty of Versailles [1919]
Treaty of Waitangi [1840] |
|
|
Term
| What are two examples of multilateral treaties? |
|
Definition
CERD; Convention on the Elimination of all forms of racial discrimination
CEDAW: Convention on the elimination of all forms of discrimination against women |
|
|
Term
| What is new zealand's most famous example of a bi lateral treaty |
|
Definition
| (CER) closer economic relationship; treaty signed with australia. |
|
|
Term
| how can international treaties that have been ratified by a country, but not enshrined in legislation be used by the judiciary? |
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Definition
| The judiciary can use the treaty as a tool for interpreting domestic legislation. EG ICCPR is used when interpreting the Bill of Rights Act. |
|
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Term
| What rights in CEDAW have been given efffect at the domestic level? |
|
Definition
Equal pay act [1972]
matrimonial property act [1976]
Bill Of Rights Act [1990]
Human Rights Act [1993]
Employment relationships Act [2000]
Property (relationships) Amendment act [2001]
Paid Parental leave Act [2002]
Prostitution Reform Act [2003] |
|
|
Term
| what did the prostitution act mean and what year was it enacted |
|
Definition
| The prostitution act 2003 legalized prostitution. It meant further legislation could be enacted for safety and health purposes in an industry that previous would have been swept under the carpet |
|
|
Term
| what year was the bill of rights act |
|
Definition
| bill of rights act (bora) 1990 |
|
|
Term
| what year was the human rights act enacted |
|
Definition
| Human rights act 1993. Human rights act enabled a stop to discrimination on all fronts |
|
|
Term
| what act saw the introduction of employment equality |
|
Definition
| the employment relations act 2000 |
|
|
Term
| What was Siane Elias well known for? |
|
Definition
| First chief justice, reigned over attorney general v ngati apa [2003]. |
|
|
Term
| What was Margaret Wilson well known for? |
|
Definition
-First female attorney general.
-set up Waikato law school
-upheld the rights of women
-Has tried to push for a closer relationship with maori
-Organized the supreme court act [2003]
abolished privvy council as our highest court, creating massive amount of further independence for NZ. |
|
|
Term
| Positivism is a jurisprudence theory. What does it mean? |
|
Definition
| Positivism takes the law for what it is, not what it ought to be. It separates morality from law. |
|
|
Term
| Naturalism is a jurisprudential theory. What does it mean? |
|
Definition
| Naturalism sees the law as something from a higher moral code. As shown by moses and the 10 commandments. It is something that derives from religion and beliefs. Naturalism asseses the validity of law, in relation to morality. |
|
|
Term
| What question does socrates death raise? |
|
Definition
| Whether we should obey an unjust law. Socrates was condemned to death for theoretical teachings. His trial was a farce organized by men threatened by him and his open-minded approach |
|
|
Term
| What were are 5 central features of coveture |
|
Definition
-A wife could not own,acquire or sell any property separate from her husband
-A wife could not enter into a contract without her husbands consent
-A wife and husband could not enter into a contract with each other (legally the husband would be making a contract with himself)
-upon marriage, a husband was liable for all of his wife's debts
-A husband was required to provide his wife with the necessities of life (even when he had driven her away)
-A wife could not sue or be sued without her husband also being made a party to the action
-A husband could use a reasonable degree of force for the 'due government and correction of his wife'.
-A husband could 'restrain a wife of her liberty, in case of any gross misbehaviour'
Spouses could not give evidence against each other at a trial due to the rule against self-incrimination. |
|
|
Term
| Why was 1884 so important for the progression of female rights? |
|
Definition
Married woman's property act [1884] -
-Gave woman a separate legal identity in marriage
-enabled property purchased prior to marriage to stay in their possession.
-Meant women could now sue and be sued
-Spouses could be competent witnesses against each other.
-women became responsible for their own debts
-Women got their own legal identity
But....
Women could still not enter into a business partnership. Property purchased after marriage was still legally the husbands which left open in-equality during a divorce (as it was legally the husbands)
Women with separate property liable for their destitute husbands.
Arguable whether this was beneficial for the women or not. |
|
|
Term
| What was the married women's property act modelled [1884] on? |
|
Definition
| It was modelled on britains married women's property acts of 1870 and 1882 |
|
|
Term
| 1990 was an important date for new zealand legislation |
|
Definition
|
|
Term
| 1993 was important in New Zealands history for legislation |
|
Definition
|
|
Term
| [1884] was an important day in legislative history for New Zealand and in paticular, women. Why? |
|
Definition
| Married womens property act [1884] |
|
|
Term
| why was 1893 a further important date for women in New Zealand |
|
Definition
| Electoral Act [1893] which saw women being able to vote in New Zealand for the first time. It was a huge step, worldwide for feminists. |
|
|
Term
| Legislative reform was pivotal for Woman in New Zealand; What legislation was passed pre- 1970 to back this claim up. |
|
Definition
Married women's property act [1884]; and 9 years later
Electoral act [1893] |
|
|
Term
| International law has played a vital role in prompting domestic legislation to enforce change on women's rights. What key convention has done so? |
|
Definition
| Cedaw 1979 - Convention on the Elimination of Discrimination Against Women. CEDAW has influenced much of the recent legislation enacted in NZ |
|
|
Term
|
Definition
| A treaty adopted by the United Nations General Assembly in 1979; Ratified in New Zealand in 1985. |
|
|
Term
|
Definition
| Ratification is the approval of the principal of an act, of it's agent, where the agent lacked formal authority to legally bind the principle. |
|
|
Term
| [1972] was an important year for equality of men and women in regards to pay. Why? |
|
Definition
| Equal pay act [1972] was passed; providing legislation for the equal pay for men and women doing the same work. |
|
|
Term
| why was 1919 a step in the right direction for Women in the 20th century? |
|
Definition
| 1919 was the year women were allowed to run for Parliament. |
|
|
Term
| 1933 was the first for what? |
|
Definition
| first Female MP was elected |
|
|
Term
| 1947 was a first for what? |
|
Definition
| First female cabinet minister was appointed |
|
|
Term
| The first female jurists appeared in what year? |
|
Definition
|
|
Term
| 1972 was an important day in New Zealand for women why? |
|
Definition
Equal pay act [1972] was passed;
Although equal pay was introduced into the public sector in 1960 |
|
|
Term
| 1990 was a busy year for parliament and in particular the legislature; why? |
|
Definition
The bill of Rights Act [1990] was passed.
As was;
The Employment Equity Act [1990]; however, 6 months later the new national government repealed this act as the controversial legislation sought to address pay equity |
|
|
Term
| What would a radical female theorist say about our current legal system? |
|
Definition
| That our current legal system will never address pay equity because it is a system run by men and would not legislate to close the gap between pay differences |
|
|
Term
| Four years after the Equal pay act 1972, what law was passed that transformed the law relating to property division following separation and divorce |
|
Definition
| The Matrimonial Property Act [1976] provided a fairer division of matrimonial property/assets following a separation and divorce. ; However, interpretation of the Act didn't always result in the just outcome s envisaged at the time the act was passed. |
|
|
Term
| What year was the equal pay act signed |
|
Definition
|
|
Term
| the matrimonial property act superceded the married womens property act. What were the dates for these acts? |
|
Definition
Married womens property act [1884]
Matrimonial property act [1976 |
|
|
Term
| What year was the matrimonial property act signed |
|
Definition
|
|
Term
| what year was the domestic violence act signed |
|
Definition
|
|
Term
| Property (relationships) amendment act, amended what act, and what year was it signed? |
|
Definition
| sig nin 2001 and amended the matriomonial property act. It gave way to better splitting of matrimonial property and to ensure one side didnt come out far better off than the other |
|
|
Term
| Parental leave + employment protection act was signed when? |
|
Definition
|
|
Term
| 2001, 2002 and 2003 was a good year for legislation and female rights. What were the three pieces of statute? |
|
Definition
2001 - matrimonial property (amendment) act
2002 - Parental leave + employment (paid parental leave)act
2003 - prostitution reform act |
|
|
Term
| Article 6 of CEDAW gave headway to what piece of legislation? |
|
Definition
| Prostitution reform act [2003] |
|
|
Term
| Article 11 of CEDAW is now represented by what piece of legislation? |
|
Definition
| Employment relationships act [2000] |
|
|
Term
| article 11 2(b) of CEDAW is covered by what piece of legislation |
|
Definition
| paid parental leave act 2002 |
|
|
Term
| article 16 of CEDAW is covered by what piece of legislation |
|
Definition
| Property relationships amendment act 2001 |
|
|
Term
| What sort of bill was the youth alcohol amendment act and who initiated it into parliament |
|
Definition
Private members bill. Matt robertson.
2005 |
|
|
Term
| Progressive party matt robertson lost his seat in P. Who took it over and what party were they from? |
|
Definition
| Labour MP martin Gallagher. |
|
|
Term
| what was this amending and how was it going to amend it. |
|
Definition
| amending the 1999 drinking age reduction act by omitting the 18 in sections 4,5,6,7,8,9 and replacing it with 20. |
|
|
Term
| What are the 13 steps for passing legislation |
|
Definition
-Idea for legislation
- cabinet legislation committee
- Parliamentary council office (drafting
-Bill circulater around government
-Legislation advisory committee
-Back to cabinet legislation committee
-Introduction to HOP
- First reading
- Select committee
-Secomnd reading
-Committee of the whole house
- Third reading
- Royal assent |
|
|
Term
| at what point will a section 7 report be done |
|
Definition
| After the introduction and before the first reading in the 3 day lapse |
|
|
Term
| who conducts the section 7 report and what is it upholding |
|
Definition
| The attorney general conducts the report against the Bill of Rights Act 1990 |
|
|
Term
| what paper can be put in during the legislation process that can adjust a bill and when would you do this. |
|
Definition
| A supplementary order paper. You would want to do this after the select committee process to be discreet. Slipping in something you don't want people to be talkinfg about. |
|
|
Term
| What did the section 7 report in the 2005 youth alcohol amendment act conclude? |
|
Definition
It did pass the section 7 report, but, there were 2 sectuions it was arguably inconsistent. These were
- whether the tighter advertising campaign that the bill contravened, section 14, the right tofreedom of expression.
-raising of the legal age of purchase to 20 was a breach of section 19(1) right to be free from discrimination.
However, it was deemed to be compliant with the section 5 report which meant it was justifiable for the greater good of a democratic society. |
|
|
Term
| what was one of the issues raised with the youth alcohol AMENDMENT ACT [2005] |
|
Definition
- whether the tighter advertising campaign that the bill contravened, section 14, the right tofreedom of expression.
-raising of the legal age of purchase to 20 was a breach of section 19(1) right to be free from discrimination |
|
|
Term
| Who were supporters of the youth alcohol amendment act [2005] |
|
Definition
ALAC - Alcohol advisory council of NZ
opposed lowering in 99, supportered raising in 2005. Realised it was not a silver bullet however. |
|
|
Term
| Who was against the youth alcohol amendment act [2005] |
|
Definition
Yoiung national - rights perspective. 16 year olds can get married and fight for the country etc. While it was an issue, this wasnt going to fix it.
There was nothing to say that the situation had worsened since 1999. (MOJ had reports to back this up) |
|
|
Term
| What are the three forms of disupute resolution |
|
Definition
-Litigatiohn
-mediation
-negotiation |
|
|
Term
| dispute resolution - What are points that best describe the usefulness of each method. |
|
Definition
-time
-cost
-Public enunciation community values
-Maintain relationships
-Process/Procedural safeguards
-power imbalances
-Binding outcomes
-Mediator bias
-Appropriate/ inappropriate for certain areas of law
-Flexibility of outcomes
-Range of remedies
-Principles and precendent
- Is it private? this could favour one party and be used as leverage to anothe.
-Do the parties have control?
-Can other forms of dispute resolution be used if this one doesn't work out?
-Power imbalances through wealth or status? |
|
|
Term
| Mana in maori means what? |
|
Definition
|
|
Term
|
Definition
| Shame - To bring whakama to the community, would be to bring shame |
|
|
Term
|
Definition
|
|
Term
| Whanaungatanga is what in maori |
|
Definition
| Family support and community values. |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| Rangatira means what in maori |
|
Definition
|
|
Term
| What are the key aspects to Maori dispute resolution |
|
Definition
-Community based.
-Emphasis omn bringing the victim and the offender together
-Idea of having shame passed down to you from the community
-Benefits the community
-Joint process
-Tikanga maori - The correct way of doing things
-Strongly collective in nature |
|
|
Term
| Name 3 quick points about the ICC (international criminal court) |
|
Definition
-A court established by a Multi-Lateral Treaty.
- The ICC can determine criminal responsibility and sentence individuals to prison.
-The ICC is a permanent court, not one set up to hear specific cases.
- Focuses on putting individuals on trial rather than states (ICJ does that).
-The court can only hear cases involving acts that have occurred in or been perpetuated by individuals from any of the 105 states that have ratified the Rome statute.
- The ICC has refused to ratify the rome statute. This has damaged the ICC credibility. |
|
|
Term
| Name 3 quick points about the ICJ (International court of justice) |
|
Definition
-The ICJ only hears cases betweens states not individuals
-While a decision made in the ICJ will rarely be contradicted, they dont follow a precident system.
- If a state has not agreed to the ICJ's compulsory jurisdiction then they must consent to proceedings before a case will be heard by the court.(undermines the courts effectiveness)
- The veto system means that an ICJ decision unfavourable to one of the five permanent members usually leads to the members veto of the enforcement resolution. Given US isn't bound by ICJ's jurisdiction this undermines it even further. |
|
|
Term
| What is the KYOTO agreement? (officially the Kyoto protocol) |
|
Definition
-A protocol to the united nations framework convention on climate change
UNFCCC.
- A multi lateral protocol aimed at reducing global green house emissions.
-191 states have signed and ratified the protocol. Took a big blow in 2001 when george bush said the US would never ratify it.
- New Zealand is implementing the trading of emmissions taxes.
-Initially new zealand intended to be carbon-neutral by 2020 |
|
|
Term
| What are some problems with the KYOTO protocol? |
|
Definition
-Not binding or enforceable. US stated in 2001 it would never sign it.
- In this situation, it evolves around law and economics. It is hard to implement somthing that will mean countries have to sacrifice growth for global health. In a time where to be the super power is the main goal. |
|
|
Term
| What has New Zealand done to implement the Kyoto agreement? |
|
Definition
-Economic growth and a lack of new planting resulted in increased emissions and few credits in 2005 (treaty was ratified in 2002)
-2007 labour leg government announce details of the emissions trading scheme.
-NZ's main weakness is the lucrative agriculture industry when most of our emissions come from.
-Emissions trading scheme will not extend to the agricuyltural sector until -2013 (New Zealand hasn't really done alot at all) |
|
|
Term
| Terroism and the law in New Zealand. Background information? Legislation to supress terroist activity? |
|
Definition
New Zealand passed the Terroism supression Act [2002] Gave NZ authorities the abilities to prosecute and hold potential terroists. This potentially clashed with BORA and civil liverties such as freedom of expression - The right to be free from unreasonable search and seizure.
- |
|
|
Term
| What are the key aspect of common law |
|
Definition
-Precedent from past cases and higher courts
- Common law is judge made law
- Liberal/democratic approach; ensuring (as best it can) equal rights and unbiast results from case to case (hence common)
- Everyone is to recieve the same treatment for the same offence no matter where they are tried. |
|
|
Term
| What are the key aspects of Islamic law? |
|
Definition
Islamic law has 4 main sources
-The koran (principal religious text)
-Sunna (the life and teachings of muhhamed)
-Ijma (consensus among scholars on contentious points of law)
-Qiya (legal precedents that can be applied to new fact situations by analogy)
The principles of islam are contained in the koran, a divine revelation from allah.
Islamic law derives from the religion of lislam |
|
|
Term
| What are the four main sources of islamic law? |
|
Definition
-The Koran, (principal religious text)
- Sunna (the life and teachings of muhhamed)
- Ijma (consensus among scholars)
-Qiya (legal precedent) |
|
|
Term
| What are the main aspects of civil law? |
|
Definition
-Civil law is hard coded (written down)
- Based on the Justinian code
- Relys on legislation contained in large codes
- Opposite of criminal law (Not punished by the state. Private between two parties. Usually sueing using tort law)
-Between two individual parties in private litigation
-Not between state + individual
-Opposite of criminal law
-Tort based
-US civilians spend alot of time sueing each other for torts. Unlike NZ where it would be redundant because of ACC. |
|
|
Term
| Common law and civil law are very different. Why? |
|
Definition
Common law is precedent based judge made law, as opposed to civil law which is codified legislation.
Civil law is primarily tort law, private litigation. Common law encompasses contract, tort and the combo of legislation with common law and precident to reach decisions. |
|
|
Term
| What are the key aspects of chinese law? |
|
Definition
Chinese law is sourced from two codes.
Fa- Formal; rule based law. Applicable to foreigners
Li- Social customs and control through moral education. Fairly flexible and similar to how maori would our system to be. Community based.
Confucianism reigned until the 1949 when.
Today, we see a mixture of traditional chinese approaches mixed with western influences.
For the most part, chinese legal history was based on confucion philosophy of social control through moral education, as well as the legalist emphasis on codified law and criminal sanction. |
|
|
Term
| What did confucious believe? |
|
Definition
| That personal and public morality should form the basis for regulation in society. Instead of being dominated by laws. |
|
|
Term
| Law and literature possible key themes? |
|
Definition
-Smokescreen, a boys club.
-Abortion of justice?
-Critical race theory? Court system run by middle aged middle class males.
-Precedents and influences?
-Consistency?
-Law as a society with wealth and arrogance |
|
|
Term
| Key observations of lawyers and law in general? |
|
Definition
-Society run by money and power
-Drama
-Boys club
-The law is colourblind?
-Elitism |
|
|
Term
|
Definition
The use of jurisprudential theories
-Critical race theory
-Feminist legal studies
-Positivism
-Naturalism
-Positivism
-Critical legal studies |
|
|
Term
| What are the key aspects of critical legal theories? and how do they relate |
|
Definition
-Marxism (economic theory) the use of the law and power to supress the working class (elitism)Opposite of liberalism
-Realism; The background of a judge and how he will apply the law because of that background. |
|
|
Term
| What does neo-naturalism tell us about the law? |
|
Definition
New naturalism focuses on the process of law. It argues that if the process of making law is just, then the law resulting will also be just.
This avoids the criticism that naturalism fails to address the observation that moral codes varyamong cultures, and thus fails to answer the challenge posed by cultural relativsm. (the denial that there are any universal moral truths) |
|
|
Term
| Name 2 prominent 'critical legal studies'. What do these theories tell us? |
|
Definition
-Critical race theory; Critical race theory sees the law as a tool of the majority ethnic group to supress the minority ethnic group.
- Feminist legal studies; Looks at how the law treats women. Key subjects include sexual discrimination, abortion, matrimonial property and domestic violence.It looks at how the 'male dominated society' that law is, supresses women. |
|
|
Term
| What are the three main branches of feminist legal theory? |
|
Definition
Difference feminism - Sees that both men and women have valuable attributes that should be brought together. Steps forward have been showen in women and law with the implementation of mediation. A less adversarial method of dispute resolution that maintains relationships.
-Traditional or liberal feminism is the original approach; stressing strict equality between males and females. The equality sought is 'gender-blind' thus differences between men and women are either not emphasised, or it is argued that these differences are minor and/or merely stem from cintingent factors in the culture. Liberal feminism looks to work within the current system.
- Radical feminism; Rather than tinkering around the edges of the legal system, radical feminisms aim is to completely redesign the legal system from first principles in a gender balanced way, removing the inherent male bias that pervades every aspect of the patriarchal structure. Radical feminism looks outside the current system to find solutions.Would force widespread change to use the law. They see men using the law to supress women. |
|
|
Term
| Who were Dame Silvia Cartwrights credentials? |
|
Definition
| New Zealands first female high court judge |
|
|
Term
|
Definition
| Chief justice since 1999 and played important roles in maori cases, namely helping transform the conflicting versions of the treaty into principles that could serve a modern nation, 1987 in New Zealand Maori Council v Attorney general. |
|
|
Term
| What key legal themese could be ascertained in the Merchant Of Venice? |
|
Definition
-Tension between mercy and strict justice
-Show mercy and ignore the strict letter of the law
-Natural law approach, especially when antonio asks for mercy - attributable to god himself.
-Shylock asks for strict justice - pound of flesh - positivist appraoch.
Antonio uses positivist approach against them - pound of flesh must be removed with no blood spilt. Strict positivism. |
|
|
Term
| What did the Merchant of Venice tell us about legal systems in general? |
|
Definition
-it showed a legal system must both promote justice and show mercy
- The extract reflects its era ; Judges today would not reer directly to god as the NZ legal system is secular.
-The extract illustrates court procedure (or at least the writers understanding of it) |
|
|
Term
| What does the merchant of venice tell us about popular perceptions of law? |
|
Definition
-The idea that law should be just
-Lawyers are meant to be wise, eloquent and persuasive
- Our modern day law is historically based on christian virtues. This is not apparent today however eg civil union act 2004 allowing same sex marriages.
-The extract is very dramatic like popular perceptions contrived from shows such as boston legal.
This is a false perception. |
|
|
Term
| What are the different approaches to negotiation? |
|
Definition
Competitive - The most popular, although it can be risky. Win lose.
Co-operative; focus on preserving the relationships. Both parties must adopt it
Transformative - cutting edge approach that challenges the nature of traditional negotiation. Time is devoted to exploring background issues and separating the problem from the personalities.
Interest based negotiation; Combines attributes of the other 3 and is therefore probably the most effective. The focus is on the interest of the parties as opposed to the bottom line. The main aim is resolution, but relationships and understanding are also very important.
It is important that both parties get to show the other to help them understand what they want to achieve. This way some level of understanding can be formed as to why they are in this position. |
|
|
Term
| What does Kaumatua mean in maori? |
|
Definition
| Kaumatua means tribal leader. |
|
|
Term
| What concepts does litigation encompass? |
|
Definition
| The concept of litigation encompasses the concepts of adversarial (one winner 1 loser) and adjudication (judge determining evidence etc to come to an outcome) |
|
|
Term
| What does CEDAW stand for? |
|
Definition
| convention on the elimination of all forms of discrimination against women. |
|
|
Term
| What does the ICCPR stand for? What does it do? |
|
Definition
International covenant on civil and political rights (ICCPR)
A multilateral treaty that committs its parties to respect the civil and political rights of individuals. Including but not limited to, the right to life, the right to freedom or speech and assembly.
Many of these can be found integrated into our legal system by means of BORA - Bill of rights act 1990. |
|
|
Term
| What does section 5 of the New Zealand Bill Of Rights Act 1990 entail? |
|
Definition
| Subject to section 4,the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. |
|
|
Term
| What does section 7 of the Bill of rights give the attorney general rights too |
|
Definition
Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights
Unless there are justified limitations (section 5) |
|
|
Term
| What are the key two cases in women and law |
|
Definition
wilson v glossop; adultery, should the husband still supply her with the neccessities of life. She was not living with other man whom she committed adultery with. Therefore he was liable.
- Watson v Ball ET UXOR, wife left husband, taking goods with her. Friend helped transport. He had to take suit against firneds husband as by law he could not sue the friend(female) judge found not guilty due to wife couldn't possibly steal as she was legally part of him and therefore the goods never left the country. |
|
|
Term
| what are the 8 key articles in the UN charter relating to the security council and what powers does it offer. |
|
Definition
Article 24 - Primary responsibility for the maintenace of world peace and security
-Article 25; It's decisions must be carried out by the general assembly
Article 34 - it may investigate threats to security
article 39 - Determine that a threat exists
-Article 40 - Require the parties to the dispute that it is threatening peace to take provisional measures to mitigate the threat
-Article 41 - If 40 fails, the security council can create economic, transport + communications sanctions
-article 42 - If these are inadequate, it can authorize the use of force, land, air and sea
- article 43 - Nations are required to help to provide military forces to do this |
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