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.

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.

18
Q

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

A

True.

19
Q

Who is the real power nexus of the UN?

A

Security Council

20
Q

Who are part of the Security Council in the UN?

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

When was the UN funded?

A

1945

22
Q

What is UNEP?

A

United Nation Environmental Programme

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.

24
Q

What is considered “Territorial Waters”?

A

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

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

A

True

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?

A

Binding

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?

A

States

31
Q

Provide an example of a successful international environmental law?

A

Montreal Protocol