Law Unit 4 Test Flashcards
What is State Sovereignty?
The legal authority and responsibility of an independent state to govern and regulate its political affairs without interference from other nations (but you can work together), except when there is a major issue, such as war. Ability to govern your own state and control over it and your people.
Give three examples of how International Law differs from Domestic Law?
- The main difference between international law and domestic law is enforcement. Domestic law is enforced while international law isn’t.
- The judicial system is very different.
- The government structure is different → UN has a general assembly, but there’s no structured government.
Why does Canada not extradite accused people to countries who believe in Capital Punishment?
Canada will not extradite accused people to countries who use the death penalty and will try to get citizens back to do their sentencing here from countries who use the death penalty because it is not a part of our legal system (or domestic law), so we want the assurance that it will not be applied to our citizens who are in different countries.
What is customary Law?
A common pattern in law that has emerged over time to become binding in international law.
Ex. cannon shot rule → we do not use cannons anymore, but there is still a specific distance in water that gives a country governance over the water. It used to be “a cannon shot.”
Why do we have treaties? What purpose do they serve?
We have treaties to regulate legal relations with individual nations and they serve the purpose of helping us solve international disputes. Basically, treaties are in many ways similar to the contracts that regulate legal relations within individual nations. If you break them, there is no consequence, but other countries will not want to join treaties with you
What is the difference between Diplomatic Asylum and Diplomatic Immunity?
Diplomatic Immunity - Given to a diplomat automatically when they step into another country (there are not many diplomats). When they commit a crime, diplomats can not go to jail (they can feel safe to do their job without being charged for like running a red light). Without this, the country will use them for leverage.
Diplomatic Asylum - Any citizen can use it in another country. If you break the law, but if you feel you haven’t been treated fairly you can go to a Canadian consulate and seek asylum. Therefore, the country can not take you away if the Canadian consulate believes you. Ie. You’re visiting Russia and they invade Ukraine, and Canada gets upset, all Canadians in Russia will go and seek asylum. It is an area where you can not be captured in that country
Difference - One is for diplomats, and the other is for all Canadians. Diplomats get it immediately and we have to ask.
Why do countries need diplomats?
Diplomats are the group that organizes international law and regulates foreign affairs, they help diffuse high-stakes situations in negotiations between 2 nations. Diplomats are like the “lifeblood” of the international system, if we did not have diplomats in different countries the international system would fall apart. Our leaders cannot do all the negotiations between countries surrounding international affairs, diplomats are the ones who represent us at an international level.
What is a Consulate?
A smaller building that functions similarly to an embassy (diplomats live there), it provides administrative services for residents living or visiting another country. They can be found anywhere in major cities. A consulate is seen as a foreign piece of land (the Canadian consulate is seen as a legal piece of Canadian soil even in Australia or another country).
Why was the League of Nations created?
After the horror of World War One, the nations realized that the old system of alliances and diplomacy would no longer prevent war. Thus in 1919 (after WW1), the League of Nations was formed to “promote international co-operation and to achieve peace and security.”
What are the problems with the League of Nations?
- It did not achieve the aim of universal membership: USSR, USA and Germany did not become members (Germany was not allowed to join and they were one of the causes of WW1).
- Keeping these countries out made them more angry and want to retaliate
- Within 20 years, we had another world war due to this and it was done by Germany. - It had no real power – the compromises made during the establishment of the League resulted in voluntary (not enforced) rather than mandatory compliance with obligations and sanctions
- It was a get-together in thought, rather than in practice
- Several actions in the 1930s proved the ineffectiveness of the League – Italy’s invasion of Ethiopia, Japan’s of China, and Germany’s of Austria/Czech/Poland
What are the six parts to the United Nations Systems?
- General Assembly
- Security Council
- The Secretariat
- International Court of Justice
- The Economic and Social Council
- The Trusteeship Council - doesn’t do anything anymore though
What is the fundamental problem with the United Nations?
There is nothing they can enforce legally.
What is a sanction?
A measure/covenant that is applied against other nations that pose a threat to international peace and security, in order to pressure them to stop or change their dangerous actions. Ex. act of restricting trade, a punishment or action that is imposed, by hurting nations economically. Usually does not work with bigger countries like Russia.
What does the ICJ (international court of justice) do?
The International Court of Justice (ICJ) is the main judicial organ of the United Nations. It is composed of 15 judges each elected to a nine-year term of office by the UN General Assembly and the Security Council. Members of the ICJ do not represent their governments but are independent lawmakers and judges intended to reflect the principal legal systems of the world. It has 2 main functions:
- It settles legal disputes submitted to it by the states that have agreed to its jurisdiction, and need a mediator.
- The ICJ then gives advisory opinions on legal questions referred to it by international organs and agencies.
They are different from the ICC: International Criminal Court. Which Deals with international crimes, such as terrorism, war crimes, genocide, crimes against humanity, etc.
Who can bring cases to the ICJ?
Any country in the UN - it must be a state, not an individual.
Who are the permanent members who make up the UN Security Council?
US, Russia, China, France, UK (they are also the founding members - victors of WW2)
What does UNCLOS stand for?
United Nations Convention on the Law of the Sea
UNCLOS is an international treaty that sets out a legal framework for ocean activities. It defines the maritime zones along a country’s coastline and the rights and duties of a country regarding these zones.
A 12-mile limit was universally accepted as the limit of the territorial sea. UNCLOS also permits the establishment of an additional
12-mile continuous zone (adjacent to the territorial sea limit.)
UNCLOS also recognizes that coastal states have sovereign rights over the natural resources of the seabed and subsoil of the continental shelf, as well as jurisdiction over certain activities such as marine scientific research.
UNCLOS also created the (EEZ) which extends up to 200 miles (370km) from the shores of the coastal states.
Explain the Cannon-Shot Rule.
How much ocean a country can control outside their coastal line. Can be seen as your economic zone (EEZ). Anything that has to do with fishing, resources within your EEZ. The area outside your EEZ is an international open-water.
Who owns the moon?
NO ONE OWNS THE MOON.
The law of outer space is in its beginning stages, and existing legal norms have yet to be tested.
The Agreement Governing the Activities of States on the Moon and other Celestial Bodies was drawn up in 1967 in order to resolve issues.
The agreement states that the moon and its natural resources are the common heritage of mankind, neither the surface nor subsurface of the moon, nor any natural resources shall become the property of any state or government.
Only 10 states ratified the Moon Agreement (1984). For now, it is essentially dead. Another 5 states have signed but not ratified the agreement. - China, Russia, USA - never signed.
Why can no one country take Antarctica over and call it theirs?
Because of the Antarctic Treaty (1959) and how it’s stated that it is used by the world. You can ONLY use it for scientific purposes, but no villages or anyone can live there.
What does “Genocide” mean?
Genocide means the purposeful killing off the a certain group of individuals, the physical act of killing THEM, not their culture specifically, but the people in a certain group.
Why was NATO created?
After WW2, NATO (North Atlantic Treaty Organization) was created. It was created to stop the spread of communism and protect Western Europe (Canada & USA was apart of it, Russia was and then they were kicked out). It is called upon when armies are needed in major international issues, such as war or conflicts ie. Afganistan.
Give an example of 3 methods of “Conflict Prevention and Resolution”.
- Weapons of Mass Destruction - Military weapons that have the potential to kill large numbers of people and that cannot distinguish between soldiers and civilians.
The most active current focus of international arms control is on weapons of mass destruction and their delivery systems. The question of nuclear weapons and their limitation has been on the international agenda since the formation of the UN and the dropping of atomic bombs by the US on Hiroshima and Nagasaki in 1945 (for example). - Arms Control Initiatives -
Various arms control initiatives were proposed in the years following WW2 but little was achieved until the 1968 adoption of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), a landmark instrument designed to prevent the spread of nuclear weapons and weapons technology.
5 nuclear weapon states identified by the NPT are China, France, Russia, UK and the US - These countries were allowed to keep their nuclear weapons but with a commitment to proceed toward nuclear disarmament. The 183 non nuclear weapon states that are a part of the NPT have pledged not to develop or acquire nuclear weapons. - Nuclear Free Zones - Anti proliferation initiative in establishment by treaty of nuclear weapons free zones. Such zones are in Latin America, the Carribbean, the South Pacific, Southeast Asia, Africa, and Antarctica. The Antarctic Treaty is the most comprehensive, prohibiting any measures of a military nature
Why do we need the “Geneva Convention”?
It outlines how we are supposed to treat our prisoners of war and civilians during war. Keeps a level of humility to prevent killing off masses of people during war.
Why is there no true international definition for terrorism?
Because then the whole world would be help up against the definition of terrorism, Russia and the USA could not properly withhold the definition and would end up committing terrorism under it. Ie. Invade Iraq. Thus, there is no definition so they cannot get into trouble and can remain blissfully ignorant.
What is a Non-Proliferation strategy?
A treaty to stop the spread of the use of Nuclear Weapons. The Treaty on the Non-Proliferation of Nuclear Weapons (NPT) is the centrepiece of global efforts to prevent the spread of nuclear weapons, to promote cooperation in the peaceful uses of nuclear energy and to further the goal of nuclear disarmament.
Give examples of two groups of people that we studied in class that have had their Human rights violated according to international law.
Canada - Missing and Murdered Indigenous Women:
- Situation: 34 ongoing cases involving the death or disappearance of Indigenous women in Canada, which authorities claim are not due to foul play.
- Discrepancies: Families of the women dispute police findings, suggesting potential murder. Evidence of suspicious circumstances and unexplained injuries call for further investigation.
- UN Involvement: The UN Human Rights Office has urged the Canadian government to investigate the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG). They concluded the violence constitutes genocide, highlighting systematic human rights violations and abuses.
- Government Response: Canada emphasizes reconciliation with Indigenous peoples but avoids the genocide label, referring to the issue as “serious human rights issues” or “cultural genocide.”
USA - Guantanamo Bay:
- Situation: The prison in Cuba, established by George Bush to detain suspected terrorists, is known for torture and brutal treatment. Only 8% of detainees are charged with terrorism.
- Human Rights Violations: Illegal and indefinite detention, torture, inhumane conditions, unfair trials, sleep deprivation, force-feeding, and waterboarding.
- UN Involvement: The UN has condemned the lack of medical assistance and torture rehabilitation resources, calling for the facility’s closure.
- Government Response: The US denies wrongdoing, fearing detainees might reveal abuses if released.
Customary law:
A common pattern that has emerged over time to become binding in international law.
Genocide:
The deliberate and systematic killing of a whole ethnic or racial group.
Reparations:
Formal economic compensation, often from one sovereign state to another, for harm done in the course of armed conflict.
Extradition:
The act of returning a person to a jurisdiction in which he or she is charged with a crime for trial in that jurisdiction.
General Assembly:
The General Assembly is the main body of the United Nations where each member state is represented and has one vote. Often described as the “town hall meeting of the world,” it uses a one-nation, one-vote system to examine, debate, and promote global consensus on various issues. The General Assembly can adopt resolutions, which are not legally binding but reflect shared global governmental opinions. Despite the lack of binding power, it is the most significant norm-generating institution in the international legal system.
Sanctions:
Penalties or actions imposed as a means of influencing behaviour.
Secretariat:
The Secretariat performs the UN’s day-to-day work, administering its programs and policies. It acts as the UN’s civil service and is led by the Secretary-General, who is appointed by the General Assembly on the recommendation of the Security Council for a renewable five-year term. The Secretariat’s responsibilities include managing peacekeeping operations, mediating international disputes, conducting surveys on economic and social issues, and preparing studies on human rights and sustainable development.
Veto:
A power to reject something, usually a law or political measure.
Non-appropriation:
The doctrine that no state may subject any part (of the high seas) to its sovereignty.
Internal waters:
Bays, rivers, harbours, and lakes over which a state has (or claims) complete sovereignty.
Innocent passage:
A doctrine that allows international navigation of territorial seas on the condition that no fishing or illegal activities occur.
International Law
is…
A system of principles and rules designed to regulate the conduct of independent states
Why do we have International Law?
(2 Reasons)
- Build Cooperation (treaties, trade, nations working together)
- Minimize war (alliances, treaties and discourage nations from attacking each other)
State Sovereignty
The difficulty comes from the idea of State Sovereignty. Every nation in the world has complete (?) control over its territory, people and choice of government.
Every nation is guaranteed freedom from interference by any other state, EXCEPT…
By the collective actions of the United Nations and ONLY IF that state’s domestic activities threaten the world’s peace and security
Because no state is willing to completely give up control over their best interests, there has to be…
A method of dispute resolution. Without this most conflicts would end in war
International law is therefore defined as…
the legally binding system to coordinate the actions of independent states at the international level
and to establish a system of conflict resolution when disagreements and interventions occur.
The main difference between international law and domestic law is….
enforcement
The only thing that forces acceptance of international laws and covenants are…
the need for acceptance by the international community (peer pressure)
The only thing that forces acceptance of international laws and covenants are the need for acceptance by the international community (peer pressure)
– this causes problems
if a country does no need or care about international approval or sanctions.
Example 1 - International Criminal Court (ICC) statute to deal with criminal prosecutions was not ratified by USA, China or Russia so it does not apply to them
Example 2 - The Helms Burton Legislation in the USA prevented Cuba from selling or leasing nationalized Cuban assets to corporations in other countries. Corporations who dealt in these “trafficked” properties would face American civil suits and exclusion from the USA. Canadian executives found themselves facing sanctions for business dealings in Cuba that were legal in both Canada and Cuba. This section of the law was later suspended.
Treaties
Treaties are one of the pillars of international relations. Rulers and officials representing people have entered into binding mutual commitments throughout history.
Treaties are in many ways similar to the contracts that regulate legal relations within individual nations.
3 Basic Treaty Law Principles
- Customary law
- Treaty negotiations
- Signing, Ratification, and Reservation
Customary law:
a common pattern that has emerged over time to become binding in international law.
Treaty negotiations:
the first stage which usually occurs in an international forum or a diplomatic conference.
Signing, Ratification, and Reservation:
this is the end of a negotiation and it produces a mutually agreed text. Ratification means that you have accepted the treaty and will fulfill your duties.
Diplomatic Immunity is…
Special rights or privileges that protect foreign diplomatic representatives from physical harm OR criminal proceedings under the laws of the host nation.
Why do we allow this?
(Diplomatic Immunity)
This policy ensures cooperation among states – if diplomatic envoys were threatened in any way the entire system of international political communication would be jeopardized (Cuban Missile Crisis).
Without this diplomats will never go to other countries ie. ones in war, conflict zones, etc - they cannot use your diplomats against you in war, a diplomat running a red light should not end up in an Iranian prison .
Without immunity a host nation may use diplomats as collateral, then they would not feel safe enough to go into other countries, and the entire process of international law would fall apart
The Vienna Convention (1961)…
Codified diplomatic practice.
Extradition
Definition
The surrender by one state, at the request of another of a person either accused or convicted of violating the requesting state’s criminal laws.
Extradition
What does it prove?
Extradition proves the need for cooperation among states. No country wants to become a haven for fugitives and thus many countries have entered into extradition agreements with each other.
Extradition
There is no…
There is no international body that governs extradition therefore all countries must make their own arrangements.
Extradition
What will some developing countries do?
Some developing countries, in order to further their own growth, will accept fugitives with capital.
In example Argentina’s acceptance of Nazis after WW2, Grand Cayman Island.
