Law Unit 4 Test Flashcards
1
Q
What is State Sovereignty?
A
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.
2
Q
Give three examples of how International Law differs from Domestic Law?
A
- 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.
3
Q
Why does Canada not extradite accused people to countries who believe in Capital Punishment?
A
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.
4
Q
What is customary Law?
A
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.”
5
Q
Why do we have treaties? What purpose do they serve?
A
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
6
Q
What is the difference between Diplomatic Asylum and Diplomatic Immunity?
A
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.
7
Q
Why do countries need diplomats?
A
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.
8
Q
What is a Consulate?
A
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).
9
Q
Why was the League of Nations created?
A
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.”
10
Q
What are the problems with the League of Nations?
A
- 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
11
Q
What are the six parts to the United Nations Systems?
A
- General Assembly
- Security Council
- The Secretariat
- International Court of Justice
- The Economic and Social Council
- The Trusteeship Council - doesn’t do anything anymore though
12
Q
What is the fundamental problem with the United Nations?
A
There is nothing they can enforce legally.
13
Q
What is a sanction?
A
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.
14
Q
What does the ICJ (international court of justice) do?
A
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.
15
Q
Who can bring cases to the ICJ?
A
Any country in the UN - it must be a state, not an individual.
16
Q
Who are the permanent members who make up the UN Security Council?
A
US, Russia, China, France, UK (they are also the founding members - victors of WW2)
17
Q
What does UNCLOS stand for?
A
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.
18
Q
Explain the Cannon-Shot Rule.
A
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.
19
Q
Who owns the moon?
A
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.
20
Q
Why can no one country take Antarctica over and call it theirs?
A
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.
21
Q
What does “Genocide” mean?
A
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.
22
Q
Why was NATO created?
A
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.
23
Q
Give an example of 3 methods of “Conflict Prevention and Resolution”.
A
- 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
24
Q
Why do we need the “Geneva Convention”?
A
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.
25
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.
26
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.
27
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.
28
Customary law:
A common pattern that has emerged over time to become binding in international law.
29
Genocide:
The deliberate and systematic killing of a whole ethnic or racial group.
30
Reparations:
Formal economic compensation, often from one sovereign state to another, for harm done in the course of armed conflict.
31
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.
32
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.
33
Sanctions:
Penalties or actions imposed as a means of influencing behaviour.
34
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.
35
Veto:
A power to reject something, usually a law or political measure.
36
Non-appropriation:
The doctrine that no state may subject any part (of the high seas) to its sovereignty.
37
Internal waters:
Bays, rivers, harbours, and lakes over which a state has (or claims) complete sovereignty.
38
Innocent passage:
A doctrine that allows international navigation of territorial seas on the condition that no fishing or illegal activities occur.
39
International Law
is...
A system of principles and rules designed to regulate the conduct of independent states
40
Why do we have International Law?
(2 Reasons)
1. Build Cooperation (treaties, trade, nations working together)
2. Minimize war (alliances, treaties and discourage nations from attacking each other)
41
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.
42
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
43
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
44
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.
45
The main difference between international law and domestic law is….
enforcement
46
The only thing that forces acceptance of international laws and covenants are...
the need for acceptance by the international community (peer pressure)
47
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.
48
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.
49
3 Basic Treaty Law Principles
1. Customary law
2. Treaty negotiations
3. Signing, Ratification, and Reservation
50
Customary law:
a common pattern that has emerged over time to become binding in international law.
51
Treaty negotiations:
the first stage which usually occurs in an international forum or a diplomatic conference.
52
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.
53
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.
54
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
55
The Vienna Convention (1961)...
Codified diplomatic practice.
56
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.
57
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.
58
Extradition
There is no…
There is no international body that governs extradition therefore all countries must make their own arrangements.
59
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.
60
Extradition
Canada’s policy is…
Canadian policy is to not grant extradition without a treaty but it has legislation that allows it do so on a case-by-case basis.
61
Extraditable Crimes
Crimes committed in Canadian jurisdiction that is specifically listed in the Extradition Treaty
Crimes that are under the laws of both states i.e. narcotics, hijacking, murder
62
4 Reasons for Refusal (Extradition)
Nationality – some countries prefer to prosecute their citizens at home rather than turning them over to the jurisdiction where the crime was committed.
Political Offenders – no definition exists so it is up to the requested state to decide
Non In Idem – if the fugitive has already been prosecuted, sentenced or released the requested state can refuse
Death Penalty – Canada has adopted a policy of NOT extradited people who will face the death penalty unless assured that that sentence will not be imposed
63
Amanda Knox
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Convicted and acquitted in 2007 murder of her roommate Meredith Kercher in Italy. Twice acquitted in 2011 and 2015 after re-trial and re-conviction.
2. The US wanted to extradite her from Italy; Italy wanted to extradite her from the US.
3. No, the US denied Italy’s request for extradition after she returned to the US.
4. After nearly 4 years in Italian prison, Knox returned to the US. In 2015, she was definitively acquitted by the Italian Supreme Court of Cassation.
64
Roman Polanski
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Pleaded guilty to unlawful sexual intercourse with a 13-year-old girl. Accused of assault by four women, three of whom were minors.
2. The US requested extradition from Canada, Poland, France, Israel, Thailand, and Switzerland for sentencing after he fled the US.
3. No, fled to France which does not extradite its citizens. Poland also refused extradition in 2015.
4. Lives in Paris as a fugitive, continues to direct films, maintains a low profile.
65
Julian Assange
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Released classified documents through WikiLeaks; charged in 1994 with hacking-related crimes in Australia.
2. Sweden for rape allegations; US for charges under the Espionage Act related to WikiLeaks disclosures.
3. No, the UK refuses extradition due to the US death penalty. Assange is currently fighting extradition.
4. Assange won a temporary reprieve from extradition. Awaiting High Court and potentially European Court of Human Rights decisions.
66
Edward Snowden
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Leaked classified NSA information on mass surveillance.
2. The US for compromising national security through NSA leaks.
3. No, Russia does not have an extradition treaty with the US and refused the request.
4. Remains in Russia as a protected citizen; the US continues to seek extradition, which Russia denies.
67
Meng Wanzhou
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Fraud charges in the US for misleading HSBC about Huawei’s Iran ties, violating US sanctions.
2. The US requested extradition from Canada for bank fraud and sanctions violations.
3. No, she entered a plea deal admitting to misleading investigators; extradition case was dropped.
4. Returned to China, resumed role at Huawei. Two Canadians detained in China were released shortly after.
68
Adolf Eichmann
1. Crimes
2. Who wanted to extradite
3. Were they extradited
4. Long term
1. Major organizer of the Holocaust; charged with crimes against humanity and the Jewish people.
2. Captured by Israeli agents in Argentina without consent; Argentina did not seek extradition back.
3. No, kidnapped to Israel where he was tried and executed.
4. Justice served with his execution. Despite the kidnapping, his trial was deemed necessary for his Holocaust crimes.
69
When neither customs nor conventions fit a particular case in front of the International Court of Justice,
it will turn to the general principles of law.
70
General principles of law are determined by..
comparing the domestic laws of “civilized” states.
This use and definition has come under attack from many fronts:
1. These “general” principles are primarily based on common-law and therefore have an Anglo-Saxon bias
2. “Civilized” usually means Christian or Western and thus many Third World Countries challenge this definition as it assumes a cultural superiority that is biased against them
71
Another important source of international law is the...
“legislation” of international organizations of the United Nations, however, while these may serve as a guide, they are not laws.
72
Individual Responsibility under International Law
Traditionally international law has recognized the responsibility of the state, and individuals were held responsible under domestic (criminal) law.
Individuals were seen as acting under state command.
In this century, there has been a growing movement to hold accountable those individuals whose actions are considered to be especially horrific.
The precedent-setting cases were the Nuremberg and Tokyo Tribunals in which those individuals who actively participated in atrocities during WW2 were held accountable for their actions.
73
The Nuremberg Tribunal, Under Article 6 of the UN Charter of the International Military Tribunal (1945) adjudicated 3 classifications of crimes:
1. Crimes Against Peace
2. War Crimes
3. Crimes Against Humanity
74
Crimes Against Peace:
Starting a war of aggression
Violating international treaties
Planning or conspiring to do either
75
War Crimes
Violations of the rules or customs of war
Including but not limited to – murder, ill-treatment of POWs or civilians, slave labour of civilians, killing of hostages, plunder, or wanton destruction of property (not militarily necessary)
76
Crimes Against Humanity:
Murder, enslavement, extermination, inhumane acts or persecution on religious, political or racial grounds before or during law, regardless of domestic law where perpetrated (Nuremberg Laws of Germany)
There has been a growing interest in an international criminal court, especially since the atrocities in the former Yugoslavia and in Rwanda. By 2003, over 90 states had ratified the Rome Statute setting up a permanent international court to try instances of genocide and other war crimes. The US refuses to sign.
However; this only deals with perpetrators after the fact and does not allow nations to go in to stop these atrocities.
77
The definitions in the Charter of the Nuremberg Trials have now been accepted as part of
International Law and many countries, including Canada, have enacted domestic war crimes legislation.
78
What is the International Court of Justice? What are its two main functions?
The International Court of Justice (ICJ) is the main judicial organ of the United Nations.
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
The ICJ is intended to reflect the principal legal systems of the world
2 main functions: settle legal disputes submitted to it by the states that have agreed to its jurisdiction, gives advisory opinions on legal questions referred to it by international organs and agencies
79
What is the role of an ad hoc judge in this court? (ICJ)
In cases involving states that do not have judges of their nationality on the ICJ, ad hoc judges are appointed to sit only on that case.
Canada does not have a current representative on the ICJ, but ad hoc judges have been appointed for cases in which Canada was a party.
They are appointed for a specific case, project, or time period only
80
What types of cases are most often heard by the International Court of Justice (ICJ)?
Cases between states
- Maritime, fishing boundary cases
- Human rights violations
81
Suggest why, in over 50 years, the ICJ has decided so few cases
Cases before the ICJ take years to resolve.
A suggestion as to why this is the case may be because of the conflicts that the ICJ looks at involve many hearings and discussions between the two parties before a resolution can be reached.
When a decision is being deliberated, the cases involve many different factors such as (political, social, economic, etc) that take a long time to process through the courts to be used towards making a final decision.
82
How effective do you think the ICJ is in resolving international questions of law? Explain your answer.
I believe that the ICJ is somewhat effective in resolving international questions of law
This is because its judgements are final and binding, which means if one state in the dispute fails to comply with a judgement, the other state may call on the UN Security Council to enforce the judgement. In this sense, parties have a way to make sure the resolution is upheld on both ends
However, since the ICJ is limited to cases between states. Individuals, NGO’s and corporations can not bring a matter before the ICJ or be “sued” in it. While this protects all these entities, sometimes it is appropriate to hold corporations accountable for their harmful actions on an international level.
Additionally, the ICJ takes years to resolve a case, which can be seen as a positive or negative aspect. This could be positive because the court thoroughly looks through all the evidence, but the long wait times mean that the damage and negative impacts continue for longer.
83
Until the Twentieth Century, there was no need for...
a global system of security as most conflicts tended to be localized.
With the technological developments of the past century and the ensuing ability for mass destruction, nations have attempted to find a way to solve disputes and lessen the chances of world war.
84
The League of Nations
- After the horror of World War One, nations realized that the old system of alliances and diplomacy would no longer prevent war.
- Thus in 1919, the League of Nations was formed to “promote international co-operation and to achieve peace and security.”
85
There were some problems with the League:
(of Nations)
Did not achieve the aim of universal membership: USSR, USA and Germany did not become members
It had no real power – the compromises made during the establishment of the League resulted in voluntary rather than mandatory compliance with obligations and sanctions
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
86
The United Nations
Originally conceived at the Yalta Conference, the United Nations Charter was signed in 1945 and the states of the world agreed to conduct their relationships with each other through this body for the purpose of maintaining international peace and security.
The UN has almost universal membership (191 member states)
87
The preamble outlines the objectives of:
1. Avoiding war
2. Faith in fundamental human rights
3. Respect for treaty obligations
4. Better standards of living through freedom
5. Tolerance and peace
6. No use of armed force except for the “common interest”
7. Employ “international machinery” for the economic and social advancement
88
The UN is not a world government but…
An organization designed to maintain international peace, friendly relations among states, and the improvement of human activities
It is based on the principle of sovereign equality of states – all states relinquish the same power to the United Nations and recognize the jurisdiction of the UN……
89
The General Assembly
Central body where each UN member state has one vote.
Functions as a "town hall meeting of the world," promoting global consensus.
Acts as the closest thing to a world parliament.
Crucial for smaller and newer members to establish contacts and understandings.
Can only adopt non-binding resolutions, which reflect shared global opinion (pressure).
Key norm-generating institution in international law
.
Norms developed through subcommittees, especially the Sixth (Legal) Committee, and the International Law Commission (ILC), the latter acting as a "think tank" for new legal norms
90
The Security Council
Maintains international peace and security, and is the most powerful organ of the UN.
Has the power to make decisions that are legally binding on all members under the UN Charter.
Decisions are supported by a system of sanctions.
The Security Council has 15 members. The victors of World War II became the five permanent members (China, France, Russia, the United Kingdom, and the United States), while the 10 non-permanent members are elected every two years by the General Assembly.
Provides the five permanent members with a right to veto when consensus cannot be reached.
The Security Council has a number of standing (permanent) and ad hoc (temporary, issue-based) committees to assist in its work. The most important of the ad hoc committees are those that administer sanctions.
The Security Council has also established two war crimes tribunals, which arose out of civil strife in the former Yugoslavia and Rwanda.
The Security Council supervises the ongoing peacekeeping operations of the UN, made up of troops and equipment supplied by member nations.
Oversees UN disarmament programs.
91
The Secretariat
Role: Carries out the day-to-day work of the UN and administers programs and policies.
Leadership: Headed by the Secretary-General, appointed for a five-year renewable term by the General Assembly on the Security Council's recommendation.
Functions:
- Administers peacekeeping operations.
- Mediates international disputes.
- Conducts surveys on economic and social trends.
- Prepares studies on human rights and sustainable development.
Staff: About 8,900 from 170 countries.
Independence: Staff are international civil servants, answering only to the UN and not seeking instructions from any government.
92
The Economic and Social Council
Coordinates the economic and social work of the United Nations and the UN system.
Focuses on international economic, human rights, and social issues.
Consults with non-governmental organizations on issues such as the immunization of babies in Sudan against polio and the financing of refugee camps in Pakistan.
The ECOSOC has 54 members, elected by the General Assembly for three-year terms. Seats on the council are allotted based on geographical representation.
The ECOSOC's subsidiary bodies meet regularly and report back to the council.
93
The Trusteeship Council
Administered colonial trust territories that had been under the mandate of the League of Nations.
These territories included German East Africa (now Tanzania) and lands taken from enemy states at the end of World War I.
The major goals of the Trusteeship Council were - to promote the advancement of the territories' inhabitants and their progressive development toward independence and self-government.
Since 1945, more than 80 former colonies have gained independence.
In late 1994, the Trusteeship Council suspended its operations because all these territories had attained independence and self-government.
Is there a future for the Trusteeship Council? In Secretary-General Annan's 1997 reform plan; he recommended that this organ focus on the atmosphere, outer space, and the oceans.
UN member states do not want to abolish the Trusteeship Council - suggest that it be used to deal with collapsed and war-torn nations such as Afghanistan and Iraq.
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The UN does not get involved unless an issue is no longer in a state’s domestic jurisdiction. This happens if:
It concerns the self-government of a colony
Amounts to a violation of international law
Infringes on the interests of other states
Is a threat to peace
Is a gross violation of human rights
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Once an international dispute arises the parties can…
Settle their differences peacefully OR employ coercive measures (sanctions or invasion)
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Non-Judicial Methods of Peaceful Dispute Resolution:
Allow parties more control over the resolution process
Are quicker and less costly
Are subject to the pressures of politics and power bargaining
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Negotiation:
The disputing parties get together to settle their issues
This is the easiest, cheapest and most direct course of action
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Mediation:
An impartial state (or an individual who does not represent another state) helps the two disputing parties by acting as a go-between.
Reconciles opposing claims, or may propose their own solution – once a settlement is proposed the mediator’s job is complete
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Conciliation:
A commission hears the dispute, collects the necessary information and tries to bring the parties to agreement
This is the most popular method of non-judicial resolution
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Judicial Methods of Peaceful Dispute Resolution
Arbitration & Adjudication
Arbitration:
- Requires the agreement of both parties to refer their dispute to a third party who will decide the case like a judge.
- The arbitrator is usually an independent expert.
- The arbitrator is not bound to the views of either party.
- The decision of the arbitrator is final.
Adjudication:
- Takes place in the International Court of Justice
- Only nations can plead disputes before the courts not corporations or private citizens
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This court (ICJ) gets power in one of two ways:
1. States agree to give the court power over a current case
2. States may agree to accept the jurisdiction of the Court over all future disputes between itself and other countries (US withdrew from this after decision in Nicaragua v. USA)
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Few of the decisions of the (ICJ) Court are disregarded but…
There is no enforcement mechanism (compliance can be sought by appeal to the Security Council but countries in the Security Council have a veto)
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All forms or threats of aggression that…
Are likely to jeopardize world peace are violations of law
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What exactly constitutes illegal use of force under international law?
There is no universally accepted definition HOWEVER the 1970 IN General Assembly Resolution 2625 has been largely accepted
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General Assembly Resolution 2625
This Resolution Outlaws...
1, Wars of aggression
2. Use of force to violate existing boundaries or armistice lines
3. Use of force to deprive people of their right to self-government
4. Recruitment of mercenaries to invade other states
5. Participation of one state in activities designed to contribute to civil strife or terrorist activities in another state
6. Gains made by one state through the use of illegal force
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Is illegal force just military action?
Trade or economic sanctions (tariffs or boycotts) may be allowed under 2625 but NOT if they violate other trade agreements (i.e. GATT)
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Use of force is allowed if done as a reprisal to other state’s prior action. However to be considered legal it must be shown that the other state:
1. Committed an act contrary to international law
2. Failed to make amends AND
3. The action taken against the state was not unreasonable
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Reprisals allowed include…
Embargoes and boycotts up to attacks on designated military targets
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As the force escalates, so does the…
Likelihood that the UN with withdraw their acceptance of these actions
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Prolonged or violent reprisal can…
Lead to an escalation of hostilities or even war
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Use of Force in Self Defence
- Legal if there is an overwhelming need to re-act an in proportion to the force being used
- Not always a clear cut solution
- The international Peacekeeping Force was created by Lester B Pearson in 1956
T- he security council is not allowed to stop self-defence but can send in UN troops to manage a hostile situation. Once the UN troops arrive, all hostilities must stop
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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)
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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
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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
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Transfer Limitations
Prohibiting the transfer of nuclear technologies from country to country is another arms control strategy
Under the 1996 Wassennaar Arrangement, each member country has the responsibility to ensure its exports do not contribute to arms proliferation
Canada has tightened its transfer policies following criticisms that its technological exports to India helped that country acquire nuclear weapons
Canada’s nuclear non-proliferation list sets out controlled nuclear material and includes a vast array of equipment, beginning with complete nuclear reactors
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Test Bans
The NPT may soon be supplemented by the Comprehensive Nuclear Test Ban Treaty and if it comes into force, it will ban all nuclear explosions for military or civilian purposes
This ban limits proliferation by making it difficult to design and test new generations of nuclear weapons
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Security Guarantees
A common motive for acquiring nuclear weapons is concern about potential attacks by another nuclear armed state.
One proliferation strategy involves the provision of guarantees of security
There are 2 types of guarantees
Negative security: assurances require parties not to use or threaten to use nuclear weapons against the Contracting Parties of the Treaty
Positive security: guarantees includes those made by NPT-listed nuclear weapons states to the effect
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Weapons in Terrorists’ Hands
Concern about the proliferation of nuclear weapons among non-governmental groups such as terrorists, criminal gangs and rebel movements
The greatest concern is the vulnerability of Russia’s nuclear installations and arms dumps
There is fear also that cash-starved governments and military organizations may resort to sales of old Soviet weapons technologies to non-state organizations that will use the weapons for terrorism
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Failure to maintain basic political, social and/or economic rights or freedoms can…
Pose a threat to global peace and security
⮚ World Trade Centre Bombings resulted from perceived inequities between Western and Middle Eastern nations
Principles of international justice must… include the basic human rights of all people.
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Origins of Universal Human Rights
Natural Law ⇨
by virtue of being human, individuals are endowed with certain inalienable rights
Who defines these?
Who guarantees these?
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Origins of Universal Human Rights
WW2 crimes
led to the recognition of individual responsibility for atrocities but also caused the international community to recognize the need for a code of universal human rights.
In 1941, F.D. Roosevelt stated that any new international system of security must rest on four freedoms:
Freedom from want
Freedom from fear
Freedom of worship
Freedom of speech and expression
Thus the safekeeping of human rights and freedoms became a high priority in drafting the UN Charter, and the inalienability of human rights became one of the prime objectives of the UN
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The Charter did not give details about what actually was included in basic human rights and so…
he UN Commission on Human Rights, led by Eleanor Roosevelt, was given the task of drafting a code
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Universal Declaration of Human Rights:
December 10, 1948 it was passed with 8 nations abstaining (6 from Soviet states, Saudi Arabia, and South Africa)
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Two Schools of Thought on Freedoms...
1. Western Democracies:
- Natural liberty
- The protection of human rights could be obtained only by restricting the political powers of states
- Political and civil liberties are most important ⮚assembly, voting, religion
- State sovereignty must be sacrificed to ensure an international scheme of human rights
2. Socialist States:
- Political and civil liberties cannot be enjoyed unless people have adequate food and education to understand and enjoy these rights
- Issue of human rights solely within the competence of the state – not an international matter
- The final document contained elements from both sides and also a formula for implementation and support of these rights.
- Remember, as a declaration of the UN, this resolution is not legally binding; however; there was a shift in thinking through the 1960s and 1970s which recognized the obligation created by this document.
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International Covenants
The original plan for the UN Human Rights Commission included an International Covenant to impose a legal duty of states to safeguard specific rights.
This did not happen and the Commission was left with a series of general principles in the UN Declaration on Human Rights.
To give these provisions binding form, the UN created two specialized treaties
1. International Covenant on Economic, Social and Cultural Rights (CESCR)
2. International Covenant on Civil and Political Rights (CCPR)
On December 16, 1966 the UN invited nations to sign both treaties – neither came into force until 1976
Canada has signed both; the USA only signed the CCPR (in 1992) declaring economic and social considerations to be more goals than rights. To date, the US has not ratified the CESCR
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International Covenant on Economic, Social and Cultural Rights
Guarantees specific rights that are grouped under:
Workers’ rights ⇒ job of choice, fair wages, healthy working conditions, adequate leisure time, paid public holidays
Family rights ⇒ protection of family, maternity leave, prohibition of child labour
Adequate sta ndard of living
- Food, clothing and housing
- FUNDAMENTAL right to be free from hunger
- Improvement in living conditions
Educational rights ⇒ primary, secondary and post-secondary (if possible) are to be made available to all citizens FREE of charge
Cultural rights ⇒ right to participate in cultural events
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International Covenant on Civil and Political Rights
Guarantees specific rights that are grouped under:
1Sanctity of Life
2Rights Protecting Accused Persons and Criminals
3Mobility Rights
4Civil Rights
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Yemen
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
Yemen faces prolonged civil war, leading to humanitarian crisis.
Issues include famine, violence, collapsing services, child/women exploitation, and child soldiering.
Violations against women’s and LGBTQ+ rights are rampant.
Actions by UN/International Community:
UNICEF providing aid for children, including medical assistance.
World Health Organization offers life-saving aid and medical assistance.
EU, USA, and UNHCR provide humanitarian assistance and support for refugees.
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Ukraine
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
War with Russia since 2014, following Russia's annexation of Crimea.
Abuses include torture, ill-treatment of prisoners, indiscriminate attacks, and destruction of infrastructure.
Children's right to education violated due to restrictions on Ukrainian schooling.
Actions by UN/International Community:
UN condemns Russia for abuses.
General Assembly resolution demands Russia's withdrawal from Ukraine.
UN launches humanitarian appeals for support.
NATO urged to stay out of conflict, focus on aid.
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USA
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
Guantanamo Bay: torture, illegal detention, and inhumane conditions.
Violations include torture, unfair trials, and forced sleep deprivation.
Obama aimed to close the prison but failed; abuses continue.
Actions by UN/International Community:
UN condemns lack of appropriate medical assistance and calls for closure.
Experts urge US to shut down facility.
US denies allegations; fears release of prisoners could expose abuses.
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Syria
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
Ongoing civil war with severe abuses by Syrian-Russian military alliance.
Mass displacement, destruction of infrastructure, and civilian casualties.
History of human rights abuses by government forces.
Actions by UN/International Community:
EU, USA, Australia provide billions in humanitarian aid.
UN collaborates for humanitarian assistance and refugee support.
Canada welcomes Syrian refugees; condemns human rights abuses.
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Canada
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
Issues include missing and murdered Indigenous women and a Winnipeg serial killer.
Concerns of systemic violence against Indigenous women.
Calls for investigations into deaths and disappearances.
Actions by UN/International Community:
UN calls for investigation into MMIWG inquiry.
Highlights systematic human rights violations; emphasizes accountability.
Canada pledges reconciliation but hesitates to endorse genocide label.
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Russia
Rights Abuse/History:
Actions by UN/International Community:
Rights Abuse/History:
Suppression of free speech, targeting critics, and strict censorship.
Examples include blocking websites critical of government and opposition harassment.
State control of media stifles dissent and violates human rights.
Actions by UN/International Community:
UN condemns suppression of free speech.
OHCHR publishes reports on human rights abuses.
Sanctions by member states target Russian individuals and institutions, pressuring compliance.
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Antarctica:
Limited territorial claims have been made after WWII as exploration has increased.
The Cold War drove competition to make territorial claims which led to the drafting of the Antarctic Treaty in 1959.
This treaty worked for 25 years protecting the Antarctic while emphasizing environmental protection.
Antarctica was recognized as having large potential natural resource reservoirs, leading to the creation of the Convention on the Regulation of Antarctic Mineral Resources activities, which would allow for mineral harvesting.
This would lead to public outrage, causing the Protocol on Environmental Protection to the Antarctic Treaty, which would protect Antarctica from Mineral Harvesting.
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The Oceans:
The concept of territorial sovereignty co-exists with the idea of non-appropriation
the doctrine that no state may subject any part (of the high seas) to its sovereignty
The history of international law in the oceans has been characterized by a struggle between rights asserted by coastal states and the rights of the international community.
This struggle has had two major consequences.
- The first has been the creation of various maritime zones that mix coastal state and world community rights.
- The second has been the increasing appropriation of marine resources by politically and economically dominant coastal states.
In the last few decades, there has been a level of partitioning on the seas and oceans unknown in history.
Partition: to create separate areas or divisions under the control of different governments.
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Maritime Zones:
The 18th century introduced the “Common-Shot rule” which quickly became accepted in Europe. It allowed surrounding countries to ensure sovereignty in up to 3 miles of bordering international waters.
Maritime Zones became more complicated in 1945 after the USA declared control over all their continental resources in their Maritime zone without permission. Other countries soon followed.
“Innocent passage” - Developed in 1958 and allowed ships to peacefully pass through other nations' sea territory without damaging the wildlife. The nation in exchange was granted limited control over their ships.
After WW2 the USA started mining international waters’ resources, which led to a crisis that heightened tensions. As a result, multiple military fleets were set up that limited “Innocent Passage.”
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UNCLOS (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.
Transit Package - A regime that allows for uninterrupted navigation and overnight in and above international straights narrower than 24 miles.
EEZ - Exclusive economic zone, a 370lm coastal maritime zone in which a coastal state has exclusive control of resource exploitation and environmental management.
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Continental Shelf:
Continental Shelf: The gently sloping crust of the Earth extends from a coastal star into the ocean and is submerged by no more than 200m of water.
Many countries and territories have continental shelves that extend up to 1000km.
Many countries want control of their continental shelves, even if they go past the 200-mile excluding economic zone.
A 200-mile coastal marine zone in which a coastal state has exclusive control of resource exploitation + environmental management.
At the Law of the Sea Conference, countries, including Canada, argued that they had “vested rights” to control their continental shelves. Other countries argued against this control, as the majority of countries with large continental shelves already controlled a disproportionate amount of resources.
Current Policy: The “margineer" state could retain claims as long as the geographical criteria confirmed that the area was a part of the Continental Shelf. Also required contributions to a world community fund from oil production beyond the 200-mile limit.
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Fisheries:
The Canadian Sector is Crucial due to Canada’s vast coastline, which includes the Atlantic, Pacific, and Arctic oceans. This makes Canada a significant player in the seafood industry.
Marine fisheries are active in our oceans, targeting Cod, Lobster, Salmon, halibut and Shrimp.
Freshwater fisheries operate in national lakes and rivers focusing on Trout, Walleye and northern Pyke.
Canada employs sustainable management practices to ensure the long-term health of Fish Stocks.
Measures are regulated by Fisheries and Oceans Canada (DFO), which include catch quotes seasonal closures, size limits, and protecting essential habitats.
Canada’s role in the global seafood industry extends beyond its vast coastline. As a leading exporter of seafood, with major markets in the United States, China, and Japan, the country’s Participation in international Fisheries Management Organizations is crucial. These collaborations, such as; with the Northwest Atlantic Fisheries Organization (NAFO) and the North Pacific Anadromous Fish Commission (NPAT) are essential for maintaining the sustainability of the fisheries sector & addressing global issues like overfishing & marine pollution.
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Air Space:
In 1919, an international convention recognized that every power has complete sovereignty over its own territory.
In 1949, this principle was re-iterated in the Chicago Convention on Civil Aviation.
States have also downed aircraft for violating their airspace, such as when the USSR shot down a US U-Z spy plane, on Moscow’s airspace (May, 1960).
On September 1, 1983, the Soviet Army also shot down a Korean Airlines jumbojet on its way from Anchorage to Seoul.
After 9/11 2001, The ICAD (International Civil Aviation Organization) made a plan of regular mandatory evaluations such as increased security for all 187 member states.
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Outer Space:
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 USA and other developed countries argued for the high seas model. However, the majority of states at the UN are developing nations and demanded that their rights be recognized.
As a result, the agreement states that the moon and its natural resources are the common heritage of mankind.
Also states that 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
No country can claim sovereignty over space. However, this does not mean that there are no laws. Just as there are international laws regarding people who commit criminal acts in international waters, similar rules apply to space.
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Paris Agreement:
A legally binding international treaty on climate change adopted by 196 parties in Paris on December 12th, 2015.
The goal was to hold the increase in the global average temperature to well below 2 degrees above pre-industrial levels.
It also provides financing to developing countries to mitigate climate change, strengthen resilience, and enhance their abilities to adapt to climate impacts.
Works on a 5-year cycle, every 5 years each country submits an updated National Climate Change Plan (also known as NDC) - National Determined Contributions.
Recognizes the essential roles of subnational governments, cities, civil society, private sector, and financial institutions, in responding to climate change and recognizes the importance of engagement with all levels of government.
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Terrorism
The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons
The act of terrorizing, or state of being terrorized; a mode of government by terror or intimidation.
There are a variety of terrorist groups around the world that exist for a number of “reasons”
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The French Revolution
The term “terrorism” was coined in the French Revolution’s Reign of Terror (1793 – 1794). Although acts of terrorism can be seen as far back as the Roman Empire
This was the birth of Government-Sponsored Terrorism
The line between terrorism and political violence is often blurred
The goal of State terrorism was to eliminate opposition, consolidate power
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In the last 20 years of the 20th century…
Religious-based terrorism became more and more frequent
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Asymmetric Warfare
Asymmetric warfare is the use of apparently random/unpredictable violence by an weak military against a stronger military to gain advantage
The key of Asymmetric warfare is using unexpected, unconventional tactics in combat
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Summary
Terrorism
Terrorism is an ancient tactic
Terrorism is a mode of communication
Terrorism is a special type of violence and asymmetrical warfare
Terrorism is used in times of peace, conflicts and war
Terrorism is designed to make a point, through psychological means and fear
Terrorism in most cases is a political act
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International law was established to deal with (3 things)
diplomatic relations, boundary issues and treaties.
