Unit 2 International Law Flashcards
What is international law
practices occurred among countries; customs, rules, and agreements that govern relationships between sovereign states
Internal sovereignity
supreme power of a ruling sovereign over the subjects living within his or her state, including the power to make laws
External Sovereignty
right and power to engage in relationships with foreign states; independent states are free to enter into agreements and relationships with other states
Global interdependence
issues such as environment, terrorism, trade, and human rights required international cooperation
Globalization
increase in world wide social inter-connectedness, in which local happenings are shaped by events occurring far away
Formal agreements
treaties, conventions, protocols, covenants, or acts: all contain the basic rule that all signatories will follow for mutual benefits
List some examples of formal agreements
treaties in Antarctica and treaties of the stars
Diplomatic immunity
right to be shielded from being charged with a crime or sued; usually given to embassy staff
This has now been codified in the Vienna Convention
General principles of law
international law stating that general principles of law recognized by civilized nations
Decisions made by the international court of Justice and domestic courts can be consulted, but they have no binding force over later decisions
When did the UN come in play
Oct 24 1945
United Nations
bringing nations together to work for peace and development based on principle of justice and human dignity
currently 192 people in UN
headquarters in New York City
General assembly
consists of 192 countries taking part in an assembly
each country has a single vote
headed by a president elected by members of assembly (majority rules)
for important decisions 60% approval needed
Security General
secretariat is the secretary-general’s support staff consisting of 8,600 people
appointed to a 5 year term and can be renewed
appointment is made by the general assembly on recommendations of the security council
in charge of day to day work: peacekeeping operations, studying human rights, etc
Security Council
ability to send troops to keep peace in an area
5 of 15 members are permanent (China, France, Russia, UK, USA)
remaining are elected by general assembly for a 2 year term and not eligible for immediate reelection
great power unanimity also known as veto power
Economic and Social Council
deals with international, economic, social, cultural, educational, and health matters
promotes human rights and fundamental freedom
54 members elected by the general assembly
oversees various agencies: UNICEF, World Food, etc
International Court of Justice background
This is the first slideshow
rules on disputes between member nations
based in Netherlands
15 Judges, from 15 countries chosen by general assembly and security council
Security council reform
member states would like to make the security council more transparent, representative, and efficient
also people question the legitimacy of the Veto power retained by P5
General assembly reform
one nation/one voting policy allows 128 small countries to vote which represents only 8% of the world’s population
debates are often tedious resulting in repetitive resolutions
International Criminal court (ICC)
located in the Hague, the Netherlands and the ICC is for genocide, war crimes, and crimes against humanity
Background of ICC
founding treaty is the Rome statute
founded on July 1 2002
By July 2013: 122 state parties, 8 countries, and issued 2 verdicts
Not part of United Nations
Successes of ICC
support to victims and witnesses of war crimes
success in situations with Uganda, Darfur, etc…
Challenges of ICC
expediency of proceedings
safety and security issues faced by investigators
International Court of Justice (ICJ)
established in June 1945 by the charter of the United Nations
Court is in Hague
Settling with international law, legal disputes submitted to it by states to give advisory opinion on legal questions
In depth information about Diplomatic Immunity
Guarantees safe passage for diplomats and their immunity from legal action or prosecution under the laws of the host nation, though they are still subject to expulsion
Developed for maintaining government relations, including during periods of difficulties and even armed conflicts
Diplomatic immunity and the Vienna Convention
Diplomatic relations and immunity is governed by the Vienna Convention on Diplomatic relations and has been applied to almost every country in the world
This is the act of 1978 which follows the principles introduced by the Vienna Convention
What are Diplomats expected to abide by
Diplomats are expected to obey regulations and maintain behaviors in governing countries and if they don’t they have to face consequences such as the revoking of their careers
This also applies to them of they do something embarrassing in another country or if the diplomats family does something embarrassing
What is Extradition
is an act where one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to their law enforcement. The jurisdiction depends on the agreements made between countries
under traditional law there was no obligation to surrender a person to another state
networks between countries became so big that to standardize these terms the countries came up with “international multilateral agreement”
What was the Extradition act in Canada
prosecution
imposing a sentence
enforcing a sentence
What does Canada have for their Extradition act
legal agreements between Canada and other countries
signed bilateral extradition treaties with 50 countries
extradition partners and international courts and tribunals are listed in the act
What was the 3 stage process for Canada for Extradition
The sentences
1) accused arrested in line with the extradition act after the requesting nation sent a diplomatic note
2) fugitive appears before a judge who determines if there is a Prima Facie
3) Minister of Justice surrenders fugitive
List Successes from the UN/Bosnia Case
UNPROFOR succeeded in opening Sarajevo airport and providing medical and food air with help of US and other nations
List Challenges from the UN/Bosnia case
peacekeeping missions had no real purpose and its mandate was vague
safe areas/protection force were very wrong names because they didn’t serve its purpose
Crimes against peace
participation in planning, conspiring, initiating, or waging of agression/war by misusing any of international treaties, agreements, and assuarances
War Crimes
violations of law/customs which includes murder, ill treatment, extermination of people, slaves, or even mass murdering or plundering public and private property
Crimes against humanity
murder, extermination, ill-treatment, deportation, and other in humane acts done to civilians, slaves, especially killing them on grounds or places like religious grounds
