Laws Flashcards
What is the difference between International law and domestic law?
International law deals with nations states or country laws vs Domestic law deals with cases for individuals or organizations
Wha are the 2 types of international laws summarize them?
Public and Private
Public covers relations between states from wars to international institutions ie: set rules for all human kind, rights and responsibilities between country’s towards each other
Private aka conflicts of laws, covers relationships between citizens of different country’s (apply s to businesses)
Give an example of private (conflicts laws) international law:
2 English man make a contract in France to sell goods in Paris the English court would apply french law
Who deals with International law?
ICJ deals with it, they come to a decision for the country’s country’s listen if they want, BOTYH country’s must be present
Give an example of public law (public international law):
Ex: the Kyoto protocol, country’s are free to decide if they accept or refuse. If they agree : keep a good relationship
If they refuse : they put economic/ political pressure on them just to be mean
When agreements aren’t signed what happens?
Sanctions are in placed (political/economic) or they continue with force
Wheat are the goals of international law?
-Human rights
-regulating use of armed force
-protections individuals during war time
-trade and development
-Law of sea Ari and space
-Environmental issues (paris agreement)
-International travel
What are the 5 sources of laws?
- Customs
- Treaty’s
- General principales
- Judicial decisions
- Writers
Describe customs sources:
A practice that is among people
- Customary law is when general practice is accepted as law, certain rules of behaviour emerge. Ex: Indigenous laws in Canada
What are the 2 types of Customary law?
Material fact and Opinio Juris
Material fact: when an action is continuously and uniformly practiced in a state could be considered custom Ex: In Canada if you are together for 10+ years you are legally married
Opinio Juris: it must be shown that nations believe that international law authorizes the conduct or practice. Practice that becomes a rule of customary international law
Describe Treaty’s sources
Treaty’s are a written agreement with participating country’s/nations bind themselves in a legal agreement. Many argue its the most important sources of Int law since it required the consent of pre existing laws or rules
Describe sources Judicial decisions
Judicial decisions are the starting point of analysis. Decisions of international and municipale courts and the publications of academics can be referred to not as a source of law as such, but as a means of recognizing the law established in other sources. (Used to guide decisions)
What is the writers of sources?
Writers are Legal scholars that reflect on the state of the law and provide commentary on it. Are essential in developing the rules that are sourced in treaty’s, custom and the general principles of law
What is Jurisdiction?
The power or authority to do something (Make laws, Hold court)
What are the 5 principles of Jurisdiction?
- Territorial Jurisdiction
- Nationality Principle
- Passive Personality Principle
- Protective Principle
- Universal Principle
Describe Territorial Jurisdiction Principles
A country can exercise its power within its own boarders
- Chewing gum is illegal in Singapore, if tried you will be tried in court
Describe Jurisdiction Nationality Principle
A country has the power to regulate conduct/behaviour of its citizens anywhere
-Bob commits a crime in the US he is Canadien but the crime is illegal in the US and Canada. Canada can try Bob in court
Describe the Passive Personality Principle in Jurisdiction
The nationality of the victim will allow a country to claim jurisdiction of the case.
-Bob (Canadian) punches Joe (Peruvian). Peru can claim jurisdiction of the case and punish Bob
Explain the Protective Principle jurisdiction
A state can claim power/ jurisdiction over behaviour committed outside of its country regardless of nationality of offender if conduct threatens country’s security (Ex Fake money, espionage, falsification of official documents, conspiracy)
-Bob counterfeits US money in Canada, US can claim jurisdiction
Describe the universal principle of Jurisdiction
All states may prosecute and use extraterritorial jurisdiction when crimes are seen as universal crimes (Genocide)
What is retroactive law?
A law that looks backwards and changes the legal consequences of actions that where committed before a new law was in place
-Death Penalty
What are the 2 kinds of retroactive law?
Criminalize and de-criminalize
What is criminalized law?
Retroactive laws can be used to criminalize actions that happened in the past
Ex: BC vs Imperial Tabacco Canada (further criminalize)
What is decriminalized law?
Retroactive laws can be used to de criminalized actions that happen in the past
Ex: Legislative of cannabis in Canada 2018 (Those who committed a crime are de criminalized)
What is Extradition?
One state hands over a criminal to be convicted/ suspected of a criminal crime who has fled to the territory of the former
Ex: Larry is wanted by the Canadiens government for suspected forgery, he is currently living in USA, Canada can request his presents
What are the 4 limits on Extradition?
- Absence of treaty
- Absence of Dual criminality
- Threat of potential torture or inhumane treatments
- Own Citizens
describe the Absence of treaty Extraditon:
2 country’s that want the extradition process must have extradition treaty between each other
Describe the Absence of Dual criminality Extradition:
Thé crime committed must be illegal in both states
Describe the Threat of potential torture or inhumane treatments extradition
Countries will typically not expedite to another country if there is a likelihood of the suspect criminal being tortured or treated inhumanly upon arrival
Describe the Own Citizens Extradition
Country’s will sometimes resist extraditing their own citizens to other country’s
What is restorative justice?
approach to justice that focuses on addressing the harm caused by the crime while holding the offender responsible for their acitons
Focuses on repairing damages to relationships
Based on respect compassion and inclusivity
Accountability you is fundamental
What are the 4 principles of restorative justice?
Principles of restorative justice
- Encounter: all those involved in the crime have chance to discuss it together
- Amends: those that committed the crime are expected to repair the arm that they caused
- Re integration: Both victims and offenders restore ways to re enter society
- Inclusion: allow all parties to participate in its resolution
What are the benefits of restorative justice
Benefits:
* Victims can express their thoughts feelings and emotions about the crime and the harm arising from it
* Victims are given an important voice in making things right
* Involvement may help victims heal emotionally in the after math of the crime as well as reduce
* The fear of the offender and further criminal victimization
* Victims should however be aware that restorative programs are time consuming and emotionally draining. For some victims even the idea of meeting true offender can be overwhelming
How did Rwanda use restorative justice?
Rwanda used restorative justice by repairing damages emotionally and materially through building houses with someone who wronged you after the genocide. Where the offender and the victim worked together to build smth (the home) and learn to heal
