Unit 3: International Law Flashcards
What is International Law
International law is a set of rules and customs that govern the relationship between countries, known as states.
A law that has jurisdiction in more than one country.
Why is there a need for International Law?
International law attempts to address and resolve issues and questions arising between nations.
Why do we need a system of international cooperation?
Cooperation between countries is necessary for everyday activities like the postal service, communication, and trade.
How does International Law differ from Domestic Law?
International law is different from domestic law because international law is not enforced.
International Law is a system of treaties & conventions that prevent other countries from doing things that are wrong.
This is different from domestic law because you get a punishment for violations of the law that your nation provides.
The International Court of Justice is where all the nation’s representatives get together to decide if that country violated the treaty or not.
International law does not exist within a formal justice system.
There is no international legislature passing laws like parliament.
Nations are encouraged to obey international law not because of the risk of legal sanctions but because good relations with member states & participation in its activities serves the nation’s individual & community interest.
What complicates the development and following of international laws between nations?
There are several factors that complicate the relationship between nations.
Cultural, ideological, & religious diversity.
Recognition of the sovereignty of individual states.
Absence of an international legislative government.
International law strongly depends on a state’s voluntarily agreeing to be subject to rules in other words, international law ONLY applies when a nation agrees to live by that rule of law subsequently, domestic, internal action is required to ensure each nation respects its international obligations under international law.
Some acts, such as aggression (violence, torture, war), are banned by international law.
State Sovereignty
Every nation-state has complete control over its land, people & government.
Legal Equality
Each nation-state has the right to respect and participate in the international legal order.
Fulfilment of Treaty Obligations
Each nation-state is obliged to keep international promises undertaken through treaties.
Territorial Integrity
Each nation-state is guaranteed freedom from intervention into its land.
Political Independence
Each nation-state is guaranteed freedom from political interference in its governmental affairs.
Treaty of Peace of Westphalia - 1648
Established the independence of many West European states from the Influence of the Pope (the Vatican).
This resulted in the emergence of the idea of state sovereignty, legal equality, and pacta sunt servanda (each state’s obligation to keep international promises undertaken through treaties).
Developed by and for Western European states.
Conclusion of World War II - 1945
Developed a new legal rule; the prohibition of the use of force as a tool of a state’s foreign policy.
Developed principles of international law at the Nuremberg trials & the Tokyo Tribunal.
Saw the formation of an “international constitution” through the United Nations.
This resulted in the expansion of international law beyond the Western states to include almost all countries of the world.
Fall of the Berlin Wall - 1989
Permitted the United Nations to act on removing threats to international peace.
Provided more active roles in international law for all non-state actors.
Bilateral and Multilateral
Bilateral is an agreement between two countries.
Multilateral is an agreement between more than two countries.
International Organizations
Before the 20th century, trade, commerce, and conflict were localized matters and were resolved on that basis.
The realities of global conflict emerged in the first half of the 20th century, and as technology, commerce, and international trade have developed, so has the recognition among states of the need for a system of collective security.
The result has been the development of international organizations and infrastructure to:
- Encourage peaceful settlement of disputes
- Enhance trade
- Promote human rights
- Provide an avenue for the collective security of nations.
International law requires a variety of organizations that work toward world peace, and international courts to apply the law.
The United Nations is the largest and most visible organization in the world arena.
The international community operates through a wide-ranging system of organizations.
The stability of these organizations will help to channel international efforts reasonably and will allow all members of the international community to participate meaningfully.
The United Nations
The UN was established in 1945.
The UN Charter outlines many basic international principles & the following purposes for this world organization:
- To maintain international peace & security
- To develop friendly relations among nations
- To solve international problems
- To promote respect for human rights & equality of all people
The UN is NOT a world government and it does NOT make laws, however, it DOES provide a forum for the development of laws that generally find acceptance and for resolving international conflicts.
The LON (League of Nations) was replaced by the UN.
Many countries had lost respect for the LON because the LON did nothing to prevent WW2 from happening
and thus, LON was finished by 1939.
What are the UN’s six (6) major organs?
- The General Assembly
- The Security Council
- The Secretariat
- The Economic & Social Council
- The Trusteeship Council
- International Court of Justice
Globalization
The increase in worldwide social inter-connectedness, in which local happenings are shaped by events occurring far away.
What are the main subjects of International Law?
Human Rights: ensuring the fundamental rights of every individual.
Regulating the use of armed forces: making universal rules so that countries resolve differences through peaceful means.
Protection of individuals during times of war.
Trade and development.
The law of the sea.
Environmental issues and climate change: creating universal rules for the preservation of natural resources and protection of the environment.
Transportation: setting safety standards for international travel by air, rail, and sea.
Telecommunications: setting rules for building and maintaining communication systems that cross state borders.
What is the strongest legislative that can be enacted against nations that violate international law?
Arbitration
What are three examples of non-legislative methods that influence trade when enacted against nations that violate international law?
Collective Action
Reciprocity
Shaming
Extradition
Extradition is the surrender by one nation-state, at the request of another, of a person either accused or convicted of an act violating the requesting state’s criminal laws.
There is no international law or multilateral treaty governing the extradition of persons.
Each nation-state imposes its restrictions on who it will extradite, for what reasons, and according to what procedures.
Fugitives can be extradited for three reasons:
- Prosecution
- Impose a sentence
- Enforce a sentence
Grounds for Extraditable Crimes
Serious Crimes
Double Criminality Rule
Serious Crimes
A crime committed in Canada or within Canadian jurisdiction that is specially listed in Schedule 1 of the Extradition Act.
Only those offenses listed within a treaty with another state will be recognized as extraditable.
