Chapter 4 - Relationship between Canadian and International Law Flashcards

1
Q

Define International Law:

A

A collection of rules governing countries

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2
Q

Define Domestic Law:

A

The law within a particular country

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3
Q

True or False: International law has no legislature that actually makes law.

A

True (It has no police force that they can readily enforce the law).

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4
Q

What is Conventional International Law?

A

The body of international law contained in treaties or conventions versus customary international law or other types of international law.

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5
Q

When is Conventional International Law established?

A

When two or more countries conclude a treaty or convention.

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6
Q

What are the two most formal forms of international agreement?

A
  • Convention
  • Treaty
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7
Q

What is a Protocol?

A

Often used to describe an agreement of a less formal nature than a treaty or convention.

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8
Q

What is the purpose of a Protocol?

A
  • Amends / supplements
  • Clarifies a multilateral treaty
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9
Q

What does Ratification mean?

A

Agreement to the terms of the convention by the national legislature of the countries signing the convention.

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10
Q

What are the five pieces of the standard framework used in International Conventions?

A
  1. Purpose
  2. General Obligations
  3. Reporting Obligations
  4. Dispute settlement and compliance method
  5. Review Mechanisms
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11
Q

What is a Bilateral Treaty?

A

A treaty between two countries

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12
Q

What is a multilateral treaty?

A

A treaty between more than two countries

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13
Q

What are some examples of multilateral treaties?

A
  • Stockholm Convention on POPs
  • UN Framework Convention on Climate Change
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14
Q

What is Customary International Law?

A

The set of international rules that have evolved over time and been accepted by states as effective law.

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15
Q

What are some of the important international customs?

A
  • Good Neighbor Rule
  • Duty of Equitable Utilization
  • Duty to Notify and Consult
  • Precautionary Principle
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16
Q

What is the Duty of Equitable Utilization?

A

Fair sharing of resources that are shared by two or more countries.

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17
Q

What is the Duty to Notify and Consult?

A

Understanding an activity that could result in harm to neighbouring nations and consult with the governments of those nations.

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18
Q

True or False: There is no legislature that makes international law in the way that Parliament makes laws for Canada.

A

True.

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19
Q

Who is the real power nexus of the UN?

A

Security Council

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20
Q

Who are part of the Security Council in the UN?

A
  • China
  • France
  • Russian Federation
  • UK
  • US
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21
Q

When was the UN funded?

A

1945

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22
Q

What is UNEP?

A

United Nation Environmental Programme

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23
Q

What is the UN?

A

The body that has the goal of implementing a coherent framework for the environment and an advocate for global environment.

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24
Q

What is considered “Territorial Waters”?

A

The belt of water adjacent to a coast, over which the coastal state holds jurisdiction.

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25
Q

True or False: International law is a collection of rules that govern countries . Unlike domestic law, there is no international legislature or police force

26
Q

When is Conventional International Law established?

A

When countries contract or agree to certain obligations expressly through an international agreement, treaty, convention, or protocol.

27
Q

Define Customary International Law:

A

The set of rules that has evolved over time and been accepted by states as law.

28
Q

What does “opinion juris” mean?

29
Q

What are two examples of Customary Rules?

A
  • Good Neighbour Rule
  • Duty to Notify and Consult
30
Q

Who are the key actors in international arenas?

31
Q

Provide an example of a successful international environmental law?

A

Montreal Protocol

32
Q

Which is considered more formal, Convention/Treaty or Protocol?

A

Convention/Treaty

33
Q

What is the 4 step process of creating International Conventions?

A
  1. International body sponsors negotiations among countries.
  2. Agreement is drafted and signed
  3. Agreement takes effect once a define # of countries ratify within allotted time.
  4. Countries meet periodically to review.
34
Q

What are the five pieces included in the standard framework for International Conventions?

A
  1. Purposes
  2. Obligations of the parties
  3. Reporting Obligations
  4. Dispute settlement and compliance mechanisms
  5. Review mechanisms
35
Q

Who are the six roles that make up the structure of the UN?

A
  1. General Assembly
  2. Security Council
  3. Economic and Social Council
  4. Secretariat
  5. International Court of Justice
  6. Trusteeship Council
36
Q

Who is the main deliberative policy making and representative organ of the UN?

A

The General Assembly

37
Q

Who is the primary body for coordination, policy review, policy dialogue and recommendations of the UN?

A

Economic and Social Council

38
Q

Who is the principal judicial organ of the UN?

A

International Court of Justice

39
Q

What happened in the ICJ on the environment Climate Change case?

A

A resolution was adopted to ensure an advisory opinion from the ICJ on the obligations with respect to climate change.

40
Q

What is the ICJ?

A

International Court of Justice

41
Q

Define POPs:

A

Organic carbon-based chemical substances

42
Q

Why are POPs bad?

A
  • Remain intact for long periods of time
  • Become widely distributed
  • Accumulate in living organisms
  • Toxic to both humans and wildlife
43
Q

True or False: POPs can be found in the Arctic, as a result of their persistence and bioaccumulation.

44
Q

Why are POPs challenging in environmental law?

A

For their long range transport, no one government acting alone can protect its citizens or environment.

45
Q

What convention addressed POPs?

A

Stockholm Convention on POPs (2002)

46
Q

What types of chemicals are considered as POPs in the Stockholm Convention on POPs?

A
  • Pesticides
  • Industrial Chemicals
  • By-products
47
Q

How many countries ratified the Stockholm Convention on POPs?

48
Q

How many POPs have been recognized as causing adverse effects?

49
Q

Besides the Stockholm Convention, what two other conventions address the issue of toxins?

A
  • Basel Convention
  • Rotterdam Convention
50
Q

What is the COPs?

A

Conference of Parties

51
Q

How many countries have a seat in the General Assembly?

52
Q

True or False: Health is an aspect of human rights, it does not encompass a human rights approach.

53
Q

What are some examples of Human Rights Standards?

A
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention on the Rights of a Child
  • Convention on the Rights of Persons with Disabilities
54
Q

What do Treaty Monitoring Bodies do in treaties?

A

They track how states do in their implementation of their human rights obligations.

55
Q

Has Canada implemented the Stockholm Convention? How?

A

Yes, for example through:
- Pest Control Products Act
- Great Lakes Water Quality Agreement
- Chemical Management Plan

56
Q

What is CEPA?

A

Canadian Environmental Protection Act (1999)

57
Q

What are some ways that CEPA provides means to manage substances?

A
  • Makes pollution prevention the cornerstone
  • Sets out processes to assess the risk to the environment
  • Imposes timeframes for assessing toxic substances
  • Provides opportunities for citizen input
58
Q

How has Canada been a leader in developing international law?

A

Through the establishment of an exclusive economic zone as a customary rule of international law.

59
Q

What two ways can International Law be enforced?

A

Through ICJ and also court of public opinion

60
Q

What is the key challenge in International Law? **

A

Having 193 countries recognize environmental threats and find common approaches to resolve them.

61
Q

What is UNEP?

A

United Nations Environment Programme