CLU3M - Law

Unit 1 International Law. PP#6Ms Pannell

Source: Gibson, Murphy, Jarman and Grant, . ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp22-29

Canada and International Law

Globalization The transformation of the world into a global

community Trade alliances Electronics / technology

Globalization

Legal consequences:1. Interactions among nations have become more complex

2. Resulted in more disagreements

International law governs relationships between states.

States must agree to follow rules of international law when they form relationships with each other.

What is a State?

A group of people1. Is recognized as an independent country2. Has territory ruled by a sovereign (independent

government) that can enter into relationship with other states

Canada is one of 195 sovereign states in the world today 192 members of the UN U.S. State Department recognized 194 States

(exception – Taiwan)

International Law – 3 Types

1. Customary Law practices states follow consistently which they assume are

obligatory Not actual written codes but found in the written

judgments in international law cases

2. Treaty Law Binding agreements , freely entered into by states

3. Resolutions “soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly

Customary Law- Principles

Sovereignty a nation’s absolute power to govern itself Control over its territory to the exclusion of other states

Recognition Sovereign nations must be recognized by other states

Consent States are bound by new international laws only after they

freely give consentGood Faith

States expected to conduct their affairs with reasonableness and common sense – in how they interpret and use international law

Customary Law- Principles cont.

Freedom of the Seas States cannot claim ownership of any portion of the high seas –

and airspace above the high seasInternational Responsibility

A state that does not meet an international obligation has committed a wrongful act.

It may face criminal penaltiesSelf-Defence

A threat of use of force against other states is unlawful (UN). International law recognizes a that states have the right to defend themselves against hostile act

Humanitarianism Respect for the interests of humankind – famine or disaster

relief

Treaty Law

Binding agreements , freely entered into by states 5 step process – see page 24 (textbook)

Charter Treaties that establish international organizations

Conventions Treaties that are negotiated by many countries, to which

all countries of the world may become partners

Protocols Treaties that add to earlier treaties on the same topic

Treaty Law continued

Treaties – main method of dealing with international problems and conflict

1. Territory – ban further seizure of territory

2. Diplomatic Law and Immunity – states carry on their relations through diplomats and envoys – privileges

3. Protection of Nationals Abroad – Foreign nationals are entitled to protection of life, liberty and property. International law recognizes a state’s right to seize and nationalize property in national interest

Treaty Law continued

4. Extradition and Asylum- extradition treaties let nations bring home people who are trying to escape justice

5. International Trade – international trade agreements (NAFTA

6. Arms Control – banning the testing of nuclear weapons,

Resolutions

“soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly Can form the basis for later treaty negotiation

International Organizations

Developing and applying international law Resolving disputes between states

United Nations (1945)1. Not the world government

2. Does not have sovereign authority to make laws

3. Passes resolutions

4. 192 nation members

UN

General Assembly Each nation gets 1

vote 2/3 majority makes

a decision on major matters

Cannot demand actions but its resolutions carry strong moral authority

UN

Security Council Responsible for maintain peace and security 15 members, 5 of which are permanent

members (china, U.S., France, Great Britain and Russia)

Have Veto power

International Law

Based on principles, rather then on exact wordings

Takes into account the generally accepted practices of judicial systems around the world

Deals only with disputes between countries, not individuals

An individual cannot bring a complaint against a country

The International Court of Justice

Established by the UN in 1945 in The Hague, Netherlands

15 judges, elected by the General Assembly and the Security Council

To maintain peace and security, and to develop friendly relations among nations.

Settles cases involving international borders, diplomatic relations, the right of the country to handle international affairs as it deems fit

The International Court of Justice

Established by the UN in 1945 in The Hague, Netherlands

15 judges, elected by the General Assembly and the Security Council

To maintain peace and security, and to develop friendly relations among nations.

Settles cases involving international borders, diplomatic relations, the right of the country to handle international affairs as it deems fit