Unit 2 International Law

Question 1

What is international law

Answer 1

practices occurred among countries; customs, rules, and agreements that govern relationships between sovereign states

Question 2

Internal sovereignity

Answer 2

supreme power of a ruling sovereign over the subjects living within his or her state, including the power to make laws

Question 3

External Sovereignty

Answer 3

right and power to engage in relationships with foreign states; independent states are free to enter into agreements and relationships with other states

Question 4

Global interdependence

Answer 4

issues such as environment, terrorism, trade, and human rights required international cooperation

Question 5

Globalization

Answer 5

increase in world wide social inter-connectedness, in which local happenings are shaped by events occurring far away

Question 6

Formal agreements

Answer 6

treaties, conventions, protocols, covenants, or acts: all contain the basic rule that all signatories will follow for mutual benefits

Question 7

List some examples of formal agreements

Answer 7

treaties in Antarctica and treaties of the stars

Question 8

Diplomatic immunity

Answer 8

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

Question 9

General principles of law

Answer 9

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

Question 10

When did the UN come in play

Answer 10

Oct 24 1945

Question 11

United Nations

Answer 11

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

Question 12

General assembly

Answer 12

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

Question 13

Security General

Answer 13

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

Question 14

Security Council

Answer 14

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

Question 15

Economic and Social Council

Answer 15

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

Question 16

International Court of Justice background

This is the first slideshow

Answer 16

rules on disputes between member nations

based in Netherlands

15 Judges, from 15 countries chosen by general assembly and security council

Question 17

Security council reform

Answer 17

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

Question 18

General assembly reform

Answer 18

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

Question 19

International Criminal court (ICC)

Answer 19

located in the Hague, the Netherlands and the ICC is for genocide, war crimes, and crimes against humanity

Question 20

Background of ICC

Answer 20

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

Question 21

Successes of ICC

Answer 21

support to victims and witnesses of war crimes

success in situations with Uganda, Darfur, etc…

Question 22

Challenges of ICC

Answer 22

expediency of proceedings

safety and security issues faced by investigators

Question 23

International Court of Justice (ICJ)

Answer 23

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

Question 24

In depth information about Diplomatic Immunity

Answer 24

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

Question 25

Diplomatic immunity and the Vienna Convention

Answer 25

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

Question 26

What are Diplomats expected to abide by

Answer 26

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

Question 27

What is Extradition

Answer 27

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”

Question 28

What was the Extradition act in Canada

Answer 28

prosecution

imposing a sentence

enforcing a sentence

Question 29

What does Canada have for their Extradition act

Answer 29

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

Question 30

What was the 3 stage process for Canada for Extradition

The sentences

Answer 30

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

Question 31

List Successes from the UN/Bosnia Case

Answer 31

UNPROFOR succeeded in opening Sarajevo airport and providing medical and food air with help of US and other nations

Question 32

List Challenges from the UN/Bosnia case

Answer 32

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

Question 33

Crimes against peace

Answer 33

participation in planning, conspiring, initiating, or waging of agression/war by misusing any of international treaties, agreements, and assuarances

Question 34

War Crimes

Answer 34

violations of law/customs which includes murder, ill treatment, extermination of people, slaves, or even mass murdering or plundering public and private property

Question 35

Crimes against humanity

Answer 35

murder, extermination, ill-treatment, deportation, and other in humane acts done to civilians, slaves, especially killing them on grounds or places like religious grounds