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deck_14809148 Flashcards

1
Q

Countries have 5 options to encourage compliance with international obligations:

A
  • asset freezing
  • boycotts
  • trade enbargoes (sanctions)
  • miliatry actions
  • severing diplomatic ties
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2
Q

Asset Freezing

A

high value assets in other countries owned by individuals from the disputed nation are seized

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3
Q

boycott

A

where countries abstain from buying or using goods from a particular country

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4
Q

Trade Embargoes - (also known as “Sanctions”

A

where laws or policies prohibit or restrict imports/exports from a particular country

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5
Q

Military Action

A

such as naval blockades to force a country to comply with agreements

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6
Q

Severing Diplomatic Ties

A

to pressure a country to change its policies

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7
Q

Source of International Law: International treaties, conventions, protocols, covenants, or acts

A

Binding international agreements by which states agree in writing to observe their contractual obligationsExample: Treaty of Versailles, Geneva Conventions, USMCA

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8
Q

Source of International Law: Customary practices

A

An unwritten rule which states practice with the opinions of juriesExample: Immunity from prosecution for heads of state

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9
Q

Source of International Law: General principles of law

A

Recognized by civilized nations; plays an important role as evidence that there is international law
Example: As described in Article 38 of the Statute of the International Court of Justice

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10
Q

Source of International Law: Judicial decisions and teachings

A

Published international court decisions/opinions and teachings of the most highly qualified publicistsExample: Decisions made by the ICJ and domestic courts, writings and teachings by legal scholars and the interpretations given to their work by legal experts

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11
Q

In what areas does international law influence the Canadian legal system?

A
  • Civil liberties and human rights based around international laws
  • Some economic and trade laws
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12
Q

What are “the rules of reception”?

A

How international laws take effect in domestic laws

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13
Q

What are 2 examples of current issues in international law and treaty law

A

USMCA auto & dairy industry changesNEVSUM in Eritrea

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14
Q

SOVEREIGNTY

A

Principle upon which a nation or ruling body comes to exercise supreme political authority, jurisdiction, or power over the affairs of state.basically a countries ability to make decisions without the influence of other countries Example of sovern countir would eb USA, CHINAExamples of non sovern countries: Afghanistan (i think idk)

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15
Q

Two Aspects of Sovereignty

A

Internal Sovereignty – Who holds the power within a nationEg. Fed./Prov Gov’t, Judiciary, Military, etc…The constitution usually lays out the power structure. External Sovereignty – Each nation state is autonomous in terms of political, cultural, social and legal identity

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16
Q

Explain the concept of international collective security.

A

joint effort on the part of the global community to deal with threats to peace, breaches of the peace, or acts of aggression. It is designed to undertake measures in accordance with an agreed set of principles to maintain peace and security.

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17
Q

What factors contributed to the establishment of the League of Nations?

A

-State systems and traditional methods were unable to control interstate conflicts
- Diplomacy and the treaty-making process could no longer sustain a balance of power among European countries and guarantee peace
- The magnitude and horrors of WWI made it clear that an international institution was needed to help maintain peace

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18
Q

In your opinion, which of these factors was the most significant and why?

A

The horrors of WWI were the critical factor in the establishment of the League of Nations because it forced the countries of the world to recognize that an association of nations needed to be organized to reduce the danger of war.

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19
Q

To what extent could it be argued that the League of Nations was doomed to fail?

A
  • It failed to provide a sense of security of its members
  • The burden of international peace maintenance was too onerous for the fledgling organization
  • It did not achieve its goal of universal membership- Its membership did not include the US or the Soviet Union
  • The Covenant of the League was a pale copy of its draft mode
  • Each state’s unilateral ability to decide upon diplomatic and economic sanctions to be applied in given circumstances left the League powerless to act
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20
Q

Identify the primary objectives of the UN expressed in the Preamble of the Charter

A
  • promote fundamental human rights
  • maintain an international environment that promotes justice and respect for international obligations
  • promote social progress and better living standards
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21
Q

Why is the UN not considered a world government?

A

The UN is not a world government because it is based on the principle of sovereign equality of states. This means that every state has agreed to relinquish only certain powers to the UN but not those that relate to their territorial integrity and political independence.

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22
Q

General Assembly

A
  • Represents each member state in the UN, where each member has one vote
  • Makes decisions related to such issues as peace, security, the budget, and admission of new members
  • Represents world opinion so its recommendations carry moral weight
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23
Q

Security Council

A
  • Maintains peace and security
  • Discusses issues that threaten peace and security and votes on recommended action
  • May make recommendations regarding mediation, as settlement, economic sanctions, arms embargoes, or military action when there are threats to international peac
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24
Q

Secretariat

A
  • Provides the daily services and programs that keep the UN running
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25
Economic and Social Council
- Oversees the economic and social work on the UN and coordinate the activities of affiliated organizations - Consults with NGOs to foster local, national and international political and economic co-operation
26
Trusteeship Council
- Supervised the preparation of 11 territories to become independent countries - Can reconvene at any time the UN deems it necessary
27
International Court of Justice
- Settles disputes among member states - Renders advisory opinions to the UN and its agencies
28
Negotiation
the first approach adopted by states in managing disputes or conflict
29
Mediation
uses neutral parties to assist in the negotiations
30
Conciliation
where diplomacy fails to achieve a settlements, disputes can be brought to an international conciliation commission who will do an inquiry and **propose a settlement; not binding**
31
Arbitration
uses a third party to decide the outcome of the conflict
32
Adjudication
the principal branch of international adjudication is the ICJ
33
UN peacekeeping missions formulated to:
- prevent outbreak of conflict- stabilize conflict- assist in enforcing peace agreements- guide transition to stable democratic governance
34
Civilians
- should never be targeted including their means for survival- have a right to receive help/aid- targeting civilian or civilian targets is a war crime under international law
35
Detainees
- Must be given food and water- Must be allowed to communicate with loved ones- Torture or ill treatment is forbidden under international law
36
Sick & Wounded
- Medical professionals must always be allowed to do their job- Red Cross cannot be targeted- All sick and wounded have the right to be cared for regardless of which side they are on
37
Limits to Warfare
- Some weapons are banned under international law- Weapons must be in line with the rules of war
38
International Court of Justice: Jurisdiction
Settles disputes between states and it also sometimes provides advice to the UN General Assembly and the Security Council
39
International Court of Justice: Classes of Crimes
Land and maritime boundaries, use of force, genocide, use of nuclear weapons, protection of environment, immunities of high level government officials and states.
40
International Court of Justice: Issues
Consensual jurisdiction is the Court's greatest weakness, since not all states have granted their consent. States can also withdraw their consent
41
International Criminal Court: Jurisdiction
Countries that have accepted jurisdiction, crimes that were committed by nationals of states that have accepted jurisdiction, if crimes were referred to ICC prosecutor.
42
International Criminal Court: Classes of Crimes
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the **gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.**
43
International Criminal Court: Issues
Some states have not signed on (USA, Russia) and will not recognize the jurisdiction of the court.
44
EXTRADITION
The surrender by one state, at the request of another, of a person either accused or convicted of an act violating the requesting state’s criminal laws.
45
EXTRADITABLE CRIMES: Serious Crimes
A serious crime committed in Canada or within Canadian jurisdiction such as murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, narcotics, hijacking, embezzlement, arson, or espionage.
46
EXTRADITABLE CRIMES: Double Criminality Rule
**Serious crimes that are under the laws of both states concerned.** Although states are not required to identify offenses by the same name, **the offenses must be comparable or similar in nature or they are not extraditable crimes.**
47
GROUNDS FOR REFUSAL: Nationality
**Many countries will not extradite their citizens for crimes committed in other countries** Instead, countries will prosecute rather than extradite. Canada and most Commonwealth countries have not adopted this policy and fugitives will be handed over to the countries that claim jurisdiction over the offenses.
48
GROUNDS FOR REFUSAL: Political Offenders
There is no international definition of a political offense. **The requested state will decide whether or not extradition will be refused on that ground.**
49
GROUNDS FOR REFUSAL: The Principle of Non Bis In Idem
If a fugitive has already been prosecuted, sentenced, or released by the requesting state for the same offense the requested state can refuse extradition.
50
GROUNDS FOR REFUSAL: The Death Penalty
Canada can refuse the extradition of a fugitive to a requesting state that has the death penalty for the particular offence, unless assurances are given by the requesting state that the death penalty will not be imposed.
51
Outline the 3 phases in the extradition process.
1st Phase: Authority to Proceed - The decision to commence the proceedings by issuing an Authority to Proceed; this decision is made by Department of Justice officials. 2nd Phase: Judicial Phase - The extradition healing, which takes place before a judge of the superior court. 3rd Phase: Ministerial Phase - The decision on surrender, which under the Extradition Act must be made by the MInister of Justice. This decision cannot be delegated to officials.
52
What role does the Canadian judge play in the extradition process?
Hears the extradition case at the superior court of the province (not a trial)Must determine if the evidence provided by the extradition partner is sufficient to commit the person for trial in Canada if the conduct had occurred in this countryORMust determine if the conviction was in respect of conduct that would be punishable in Canada, including evidence of identificationOrder the person committed for extradition pending the decision of the MInister of Justice ORDischarge and release the person
53
What role does the Minister of Justice play?
IF the extradition judge orders the person committed at the extradition hearing, the Minister of Justice must determine if the person should be surrendered to the requesting stateconsideration is made to the requirements of the Extradition Act, the relevant extradition treaty, the Charter of Rights and Freedoms, and the suspectConsideration is also given to the grounds for refusal
54
DIPLOMATIC IMMUNITY
– people working in the foreign service of their gov’t are protected under a legal shield free from prosecution under the laws of the host country.
55
RESOLVING WAR CONFLICTS
- only fight “barbarians”- only go to war if it is “just”- never attack the sick, women or children- rescue the stranded at sea- never execute prisoners of war
56
persona non grata
persona non grata = when a host country declares a diplomat undesirable and no longer able to stay in the country.
57
Related to the division of power within a nation
RECIPERCPY
58
Each nation state is autonomous in terms of political, cultural, social and legal identity
External severity
59
Forum for discussion of world issues
The un ( general assembly)
60
When a host country declares a diplomat undesirable and no longer able to stay in the country
Personal non grata
61
Location of the ICJ and the ICC
Netherlands
62
Allows for fugitives to be returned to place of origin for trial
Extradition treaty
63
Concerned with the war-time treatment of prisoner and civilians
Geneva conventions
64
A person who has already been tried and punished will not be extradited
Non Bis In Idem
65
Responsible for recommending use of force in order to ensure peace
Security council
66
Decision making body of the United Nations
General assembly
67
A radar defense treaty
NORAD (?)
68
Free from host country law while conducting national business
Diplomatic immunity
69
Surrender of fugitive to another state
Extradition
70
Location of first war crimes tribunal
International court of justice
71
HQ location of UN
New york
72
Having complete control over a territory
Sovereignty
73
Ban on trade of goods to a nation
Embargos
74
Systematic killing of a cultural group
ETHNIC CLEANSING
75
Systematic killing of an entire population
Genocide
76
law governs relationships between states
International law
77
independent country, territory ruled by a sovereign gov’t
State
78
Predecessor to the United Nations
League of nations
79
passes resolutions which only focuses the action of member states
UN
80
Settles disputes between states and it also sometimes provides advice to the UN General Assembly and the Security Council
icj
81
investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community
icc
82
Tactic used by countries to negotiate peace agreements.
Diplomacy
83
uses neutral parties to assist in the negotiations
Mediation
84
uses a third party to decide the outcome of the conflict
Aberration
85
Concepts that an attack against one country in a coalition is an attack against all
Collective security

lawedddcbc do (10 decks)

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