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ENV-3035 - Environmental Law > Chapter 4 - Relationship between Canadian and International Law > Flashcards

Chapter 4 - Relationship between Canadian and International Law Flashcards

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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
True or False: International law is a collection of rules that govern countries . Unlike domestic law, there is no international legislature or police force
True
26
When is Conventional International Law established?
When countries contract or **agree to certain obligations** expressly through an international agreement, treaty, convention, or protocol.
27
Define Customary International Law:
The set of rules that has evolved over time and been accepted by states as law.
28
What does "opinion juris" mean?
Binding
29
What are two examples of Customary Rules?
- Good Neighbour Rule - Duty to Notify and Consult
30
Who are the key actors in international arenas?
States
31
Provide an example of a successful international environmental law?
Montreal Protocol
32
Which is considered more formal, Convention/Treaty or Protocol?
Convention/Treaty
33
What is the 4 step process of **creating** International Conventions?
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
What are the five pieces included in the standard framework for International Conventions?
1. **Purposes** 2. **Obligations** of the parties 3. **Reporting** Obligations 4. Dispute **settlement** and compliance mechanisms 5. **Review** mechanisms
35
Who are the six roles that make up the structure of the UN?
1. General Assembly 2. Security Council 3. Economic and Social Council 4. Secretariat 5. International Court of Justice 6. Trusteeship Council
36
Who is the main deliberative policy making and representative organ of the UN?
The General Assembly
37
Who is the primary body for coordination, policy review, policy dialogue and recommendations of the UN?
Economic and Social Council
38
Who is the principal judicial organ of the UN?
International Court of Justice
39
What happened in the ICJ on the environment Climate Change case?
A resolution was adopted to ensure an advisory opinion from the ICJ on the obligations with respect to climate change.
40
What is the ICJ?
International Court of Justice
41
Define POPs:
Organic carbon-based chemical substances
42
Why are POPs bad?
- Remain intact for long periods of time - Become widely distributed - Accumulate in living organisms - Toxic to both humans and wildlife
43
True or False: POPs can be found in the Arctic, as a result of their persistence and bioaccumulation.
True
44
Why are POPs challenging in environmental law?
For their long range transport, no one government acting alone can protect its citizens or environment.
45
What convention addressed POPs?
Stockholm Convention on POPs (2002)
46
What types of chemicals are considered as POPs in the Stockholm Convention on POPs?
- Pesticides - Industrial Chemicals - By-products
47
How many countries ratified the Stockholm Convention on POPs?
170
48
How many POPs have been recognized as causing adverse effects?
12
49
Besides the Stockholm Convention, what two other conventions address the issue of toxins?
- Basel Convention - Rotterdam Convention
50
What is the COPs?
Conference of Parties
51
How many countries have a seat in the General Assembly?
193
52
True or False: Health is an aspect of human rights, it does not encompass a human rights approach.
True
53
What are some examples of Human Rights Standards?
- 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
What do Treaty Monitoring Bodies do in treaties?
They track how states do in their implementation of their human rights obligations.
55
Has Canada implemented the Stockholm Convention? How?
Yes, for example through: - Pest Control Products Act - Great Lakes Water Quality Agreement - Chemical Management Plan
56
What is CEPA?
Canadian Environmental Protection Act (1999)
57
What are some ways that CEPA provides means to manage substances?
- 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
How has Canada been a leader in developing international law?
Through the establishment of an exclusive economic zone as a customary rule of international law.
59
What two ways can International Law be enforced?
Through ICJ and also court of public opinion
60
What is the key challenge in International Law? **
Having 193 countries recognize environmental threats and find common approaches to resolve them.
61
What is UNEP?
United Nations Environment Programme

ENV-3035 - Environmental Law (13 decks)

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