Chapter 1 Flashcards
International Law and International Organizations
What is law? (simply)
A law is a rule that can be enforced by the courts.
Where do we find Canadian law?
the constitution, FED & PROV legislation, common law or judge-made law.
What is public law?
Law that involves the government directly. E.g. constitutional, criminal and administrative.
What is international public law?
the law regulating relations among nations. It is a set of riles and principle that states follow when dealing with each other.
What is sovereignty?
the supreme and independent power and authority claimed by a nation state over its own territory. Sovereignty means a nation can choose its political, economic and social structures free from interference and coercion by other nation states.
What is private law?
Involves legal persons (individuals or corporate entities)
What is a conflict of laws?
where individuals or corporations from different jurisdictions have a dispute and it is not clear what law applies to the transaction.
What is private international law?
is law regulating the affairs of private persons located in different countries. It is also described as conflict of laws- it addresses the question of whose country’s laws will govern a transaction.
What does Article 38(1) of the Statute of the International Court of Justice list as the sources of laws that the International Court of Justice is permitted to use in its adjudication of interstate disputes?
conventions establishing rules between or among contracting states;
international custom as evidence of a general practice accepted as law;
general principles recognized by civilised nations; and
judicial decisions and teachings of various nations as subsidiary means for determining the rules of law.
** in order of importance **
What is a treaty?
A legally binding written agreement between two or more states.
What is a convention?
a binding agreement among 2 or more nations, sponsored by an international organization.
What is a multilateral agreement?
agreement between 3 or more nations.
what is a bilateral agreement?
An agreement between 2 nations.
What is the process of treaty creation?
- National governments negotiate treaty terms
- Text is drafted for the proposed treaty
- Renegotiate treaty terms
- Signing a treaty shows a country will consider the treaty
- Implementation; the treaty is implemented into domestic law. Most often done through passing new legislation or regulations.
- once ratified by a specified number of the governments, a treaty comes into force.
Do treaties commitments represent a limitation on the sovereignty or freedom of action for the signatory government?
Yes
How long do treaties usually run for?
Indefinite and have no termination date; a country may only withdraw, and such withdrawal is often complicated.
what is customary international law?
a wide variety of uncodified rules that are binding upon all states irrespective of their explicit consent.
What are jus cogens?
also called peremptory norms, which are international norms that are considered so normal that states are not permitted to derogate from them by way of treaty.
Ex: tortore, genocide.
What makes customary law binding?
Habitual repetition of that action even though it is not written down
What is soft law?
a term used by the international community to refer to non-binding yet highly persuasive documents such as draft multilateral treaties, various codes of conduct, guidelines etc.
How is international law enforced internationally?
relies on voluntary compliance, consensual dispute-resolution processes and economic or political pressures exercised by the offended state and the international community.
Where are public international law disputes heard?
International court of justice, in Hague in the Netherlands.
What are the two factors that limit the courts effectiveness and power?
- The rule that decisions are binding only on the parties to the dispute.
- the fact that a state may not be brought before the ICJ unless that state has accepted the courts jurisdiction.
What is ratification?
process of individual nations confirming treaty obligations through their own domestic law.
What is the process for the USA to make international law?
USA president has power to make treaties with the advice and consent of two thirds of the Senate.
what are retorsions?
acts in retaliation or legal yet unfavourable acts of another state.
What are examples of retortions?
suspend study programs, expel diplomats etc.
what are countermeasures or reprisals?
acts in retaliation for illegal acts of another state. Ex. Canada vs. United States aluminum tariffs that was a treaty breach.
What happens when international law needs to be enforced (the options)?
Voluntary compliance, Talking (negotiation), Treaty Provisions - The International Court of Justice, reciprocity, collective action, naming and shaming, direct enforcement of international law by NGOs.
What are NGOs?
Non-governmental organizations; an organization that is not established by a governmental entity or an intergovernmental agreement; may or may not be a non-profit entity.
Who is responsible for negotiating international treaties on Canada’s behalf?
Global Affairs Canada and the minister of foreign affairs
When was the United Nations founded and how many countries were originally apart?
June 26, 1945 (WW2), 51
What is the UN’s mandate?
maintain international peace and security;
develop friendly relations among nations;
cooperate to solve problems of an economic, social, cultural or humanitarian natural and
promote and encourage human rights and fundamental freedoms
How many members does the UN have today?
193
what two organisations affiliated with the UN are particularly important for international business?
UNCTAD (United Nations Conference on Trade and Development), UNCITRAL (United Nations Commission on International Trade Law).
What does UNCTAD do? (3 Points)
- serves as a forum for intergovernmental deliberations;
- Undertakes research, policy analysis, and data collection for governments and experts; and
- provides technical assistance and cooperates with other organizations and donor countries engaged in helping developing countries and economies transition.
is a knowledge based association
What is UNCITRAL?
Established by the General Assembly in 1966 to address disparities in national laws governing international trade that were perceived as creating obstacle to the flow of trade. – goal is to bring the progressive harmonization and unification of the law of international trade.
What are the Bretton Woods Institutions?
International Monetary Fund, the World Bank and the General Agreement on Tariffs and Trade.
What is the International Monetary Fund?
Was established to promote international monetary cooperation, exchange stability and orderly exchange arrangements to foster economic growth and high levels of employment, and to provide temporary financial assistance to countries to help ease balance-of-payments adjustment.
What three things does the IMF (International Monetary Fund) do at the moment?
monitor economic and financial developments and policies in member countries
provides loans to member countries with balance-payments problems
provides technical assistance and training to countries in financial difficulty
What is the World Banks goal?
To fight poverty and improve living standards
