International Law

What is domestic law?

Law that is enforceable within the defined territory or boundaries of a particular nation or state

What is needed for a law in order to be effective

1.) The law must specify the behavior that people or parties must follow

2.) The law must specify what the penalties are for people or parties who fail to comply with it

3.) The law must specify how the ongoing enforcement of it will be achieved

What is international law?

Laws that govern the interactions and relations between nations, resulting from official rules, treaties, agreements and customs

A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another

What is customary law?

The practice that states that laws are obligatory and not written down. It recognizes that states have basic rights and obligations

What are some examples of customary law?

sovereignty

Recognition

Consent

Good Faith

Freedom of the Seas

International responsibility

Self defense

Humanitarianism

What is treaty law?

Binding written agreements (ex. charters, conventions, protocols, etc.)

What are treaties for?

Treaties deal with territory, diplomatic immunity, foreign nationals, extradition, asylum, international trade, and arms control

What are resolutions?

Solutions used to draw attention on an issue or situation that demands quick action

What are examples of resolutions?

resolution on the Status of Women

Resolution on the HIV/AIDS Problem

Resolution on Nuclear Weapons

Why do we need international law?

A need for a system of collective security

To address international crime

To minimize conflict between nations

To confront global issues, protect ecosystems, and define terms and conditions of international trade

To govern routine procedures, such as the delivery of mail, communications between countries, and shipping across borders

What complicates the development of International Laws?

Cultural, ideological, and religious diversity

Recognition of the sovereignty of individual states

Absence of an international legislative government

Enforcement is a complicated issue

What Progress has been Made so Far?

Development of international organization and infrastructure to:

Encourage peaceful settlement of disputes (United Nations)

Enhance trade (USMCA)

Promote human rights (UN declaration of human rights)

Provide an avenue for the collective security of nations (NATO)

What are ways that countries can force other countries to change their policies or actions?

Economic sanctions, trade boycotts, trade embargoes, withholding tactics

What are economic sanctions?

Economic penalties that is government-imposed on a nation or specific individuals/industries for a breach of international law (ex. trade barriers, asset freezes, etc.)

What are trade boycotts

A form of voluntary protest where people abstain from buying or using the goods or services of a particular country or organization in order to pressure it to change its behaviour

What are trade embargoes

Laws or policies in place that countries initiate for complete prohibition on the import/export of goods from another country

What are withholding tactics?

Withholding foreign aid, limit, or cease humanitarian programs

What is internal sovereignty?

the right to make laws and decisions within your country that directly impact your citizens

What is external sovereignty?

the right to engage in relationships with foreign states and conducts its own foreign affairs, unhampered by any influences

What is globalization

increase in worldwide social interconnectedness

How does globalization and sovreignty connect to each other

increasing awareness that countries' interdependence requires international cooperation

Who are diplomats?

staff of officials whose function is to assist in implementing their country's policy in foreign countries

What do diplomats do?

work at embassies or consulates

ambassadors (high commissioners in Canada)

provides support for Canadians travelling or working abroad

Support to foreign nationals who wish to travel or work in Canada

Where did the idea of diplomacy come from?

Ancient Egypt

When was diplomacy formalized?

12th/13th century in Europe

When was diplomacy officially recognized?

At the Congress of Vienna in 1815

What convention introduced the idea of diplomatic immunity

Vienna Convention on Diplomatic Relations (1961)

What is diplomatic immunity?

intended to protect diplomats and their families in hostile environments or from harassment in host countries

When is extradition necessary for diplomats?

When a crime is committed and the accused flees the country, extradition may be necessary

What is extradition?

It is the legal surrender or delivery of a fugitive to the jurisdiction of another country or government

Is a treaty required for extradition?

A treaty is not required, however, states cannot be forced to hand over citizens or nationals within their own countries

When is extradition valid?

Double criminality rule: A crime must be a crime in both countries

Reciprocity: If France extradites a person to Jamaica, Jamaica will reciprocate in the future

Evidence of guilt: A request is simply not enough; there has to be proof of guilt provided

Principle of specialty: The accused will only be charged with the crime specified in the extradition request

What is asylum?

Protection or immunity given by a state from their own country's persecution

UDHR (Art 14): "Everyone has the right to seek and enjoy asylum in other countries from persecution"

Does the sheltering state have obligation to grant asylum?

No, the person for whom asylum is established has no legal right to demand it, and the sheltering state has no obligation to grant it

What is territorial asylum?

Within a state's territory

Primarily for the protection of persons accused of political offenses, such as treason, desertion, sedition, and espionage

Not given for Crimes against humanity or War Crimes

What is extraterritorial asylum?

Not within a state's territory

Asylum granted in embassies, consulates, etc. - a foreign vessel

e.g. refuge given in an embassy

When did the UN officially come into existence?

The United Nations officially came into existence on 24 October 1945, after WWII

How many original member states were in the UN?

There were originally 51 member states

What are the goals of the UN?

1.) To keep peace throughout the world

2.) To develop friendly relations between nations

3.) To work together to help people live better lives

How many UN member states are there currently?

There are currently 193 Members of the United Nations

Also 2 Member countries called "member states"

Where is the UN headquarters located?

The United Nations Headquarters is in New York City, but the land and buildings are international territory

What are the requirements of entry for the UN?

All Member States are equal within the UN

All Member states must obey the charter

Countries must try to settle their differences by peaceful means

The Un cannot interfere in the domestic affairs of any countries

What is the EU?

Independent countries pooling their sovereignty in shared institutions to create common policies

What is the currency for most EU countries?

The euro (€) is the official currency of 19 out of 27 EU countries

What are countries who have the euro as the currency collectively called?

The Eurozone

How is the EU Run?

European Commission (European Interests)

Council of the European Union (Governments)

European Parliament (Citizens)

What is the European Parliament?

Passes legislation (together w/ the Council)

Democratic supervision of other EU institutions

Approves/rejects the budget

How many political groups is it divided into?

Organized in 8 political groups, each of which is based on national parties

What does CUSMA stand for?

The Canada-United States-Mexico Agreement

What other agreement did NAFTA supersede

NAFTA, in 2018

When was NAFTA created? What did it supersede?

1994, Superseded the Canadian-US Bilateral Free Trade Agreement of 1988

What does CUSMA do?

It required that all internal barriers to an exporter doing business in Canada to be removed