Studied by 4 people
State Sovereignty
Each state's right to control their own territory, people, government without interference from any other state
Until the latter half of the 20th century, nations upheld the importance of state sovereignty
Legal Equity
Each states' equal right to respect and participate in the international legal order
Pacta Sunt Servanda
Each states' obligation to keep international promises undertaken through treaties
What are some reasons for international treaties?
Population increase, technological communications,
Between the 1930s and 2000
world population more than tripled and international travel and emigration increased
International Law
the relations among states and how states handle such matters as human rights within their borders
Sources of International Law
Treaties
Customs
General Principles of Law
Judicial Decisions and Legal Scholarship
International Court of Justice
ICJ
Treaties can...
be bilateral or multilateral; these are the 2 types
have their own rules for enforcement, such as arbitration
refer enforcement concerns to another agency, such as the ICJ
How is International Law Enforced? (RCS)
Reciprocity
Collective Action
Shaming
Reciprocity
type of enforcement by which states are assured that if they offend another state, the other state will respond by returning the same behaviour.
makes sure states think twice about which of their actions they would like imposed upon them.
do onto others what you want to do to you
Collective Action
Several states act together against one state to produce what is usually a punitive result.
For example, Iraq’s 1990 invasion of Kuwait was opposed by most states, and they organized through the United Nations to condemn it and to initiate joint military action to remove Iraq.
more like ganging up action
International law is...
voluntary
International law attempts to regulate situations...
...in which activities in one state infringe on the sovereignty of another state
Extraterritorial Legislation
legislation passed by a state that affects citizens in other states
something that happens and affects other people in other states
What is a Treaty?
a voluntary agreement voluntarily entered into between two or more sovereign (independent country) states
The Vienna Convention outlines what?
It outlines the rules that states have agreed to follow regarding how they will negotiate, sign, be bound by the treaty, disagreements and etc.
International Treaties have numerous titles such as...
Charter, convention, pact, alliance, protocol, declaration, etc.
Bilateral Treaties
between 2 nations
ex. Canada-USA free trade agreement
Multilateral Treaties
among several nations ex. CUSMA
Treaty Contract
a speedy (and direct) way of making rules for international matters
Formal War
the process of two contracting parties engaging in hostilities, usually for a predetermined outcome.
Predetermined Outcomes of Formal War (HRRmCT)
• Territory • Concessions • Revenge • Material goods • Religion • “Honour”
International Humanitarian Law (IHL)
A set of international rules that set out what can and cannot be done during an armed conflict.
The main purpose is to maintain some humanity in armed conflict saving lives and reducing suffering.
If the rules of war are broken...
...War crimes are documented and investigated by States andinternational courts. Individuals can be prosecuted for war crimes.
3 Principles of IHL (DPP)
Distinction
Proportionality
Precaution
Distinction
parties must distinguish between civillian population and combatants and civillian objects and military objectives
what can be attacked?
Attacks against military objectives, including combatants are not prohibited.
what cannot be attacked?
the civilian population, individual civilians and civilian objects must never be attacked.
Proportionality
Attacks against military objectives are prohibited if such attacks may be expected to cause damage and loss
Precaution
constant care must be taken to spare the civilian population, civilians and civilian objects.
this includes doing everything possible to make sure that targets are indeed military objectives
Articles of War (AoW)
a set of rules about how naval warfare should be fought established by the Royal navy in 1653.
Examples of AoW
• Fighting under false flags; • Piracy; • Privateering; • Rules of capitulation (surrendering); • Treatment of prisoners; • Punishments for offenders.
The Geneva Conventions (3 points)
a core element of IHL that was ratified by all 196 states and draws clear distinctions between military and civillian objectives
The 4 Conventions of the Geneva Conventions: (CAPP)
Protects wounded and sick soldiers.
Armed Forces At Sea
Prisoners of War
Civillians
Protects wounded and sick soldiers.
guarantees humane treatment, medical care, and protection from violence
Armed Forces At Sea
Adapts the first to armed forces at sea: the wounded, sick and shipwrecked.
Prisoners of War
POWs must be treated humanely and notably never be murdered or tortured or sexually assaulted.
Civilians
Protects civilians and says they must be treated humanely, and acts such as murder or torture or sexual violence are never permitted.
An occupying power must, as much as possible, ensure the population’s food and medical supplies
The Hague Conventions (2 points)
it was codified in 1899 and 1907 and governs the rules of warfare and how a just war is begun, fought and ended.
The first country to officially breach the Hague Conventions were...
the Germans during WWI when they released chemical weapons at the 2nd Battle of Ypres.
All major countries, in particular Western countries have Rules of Engagement to govern how we fight.
ROEs can vary depending on the situation, but follow three main principles
ROE Principles (DMP) similar ot IHL
Proportionality 2. Military Necessity 3. Distinction
ROE: Proportionality
Prohibits the use of force necessary to accomplish the military objective and balances it with the harm it may cause.
ROE: Military Necessity
Combat forces shall engage only targets that are necessary to achieve a military objective.
This also applies to types of weapons systems and their destructive capabilities.
ROE: Distinction
Distinguishing between lawful military targets and noncombatants (POWs, civilians, unarmed, etc…)
Q1: List four sources of international law
4 Sources of International Law
Treaties
Customs
General Principles of Law
Judicial Decisions and Legal Scholarship
Q2: Three ways that international law is enforced
3 Ways It’s Enforced
Reciprocity
Collective Action
Shaming
Q3: How is enforcement of international law different from enforcement of domestic law?
It is often more difficult to enforce International Law as it does not apply solely to one country.
It varies from state to state. It also doesn’t just encapsulate one state, as countries also are also regulated by domestics and international laws.
It is also voluntary
Q4: What is the traditional notion of state sovereignty? Why is globalization forcing us to rethink this concept?
The traditional notion of state sovereignty is that each state's right to control their own territory, people, and government without interference from any other state. The reason we have to rethink this concept due to globalization is because states are becoming more interdependent on each other when it comes to companies, communications and cultures. People today have more relations across the globe and depend on each other for things from trade to tech.
Q5: Why the sovereignty of nation states is an overriding principle of international law?
The sovereignty of nation states is overriding as its central concept clashes with the concept of international law. The sovereignty of nations says that each state has the right to control their own territory, people, and government without interference from any other state. International law is more dependent on the community of countries
Q5: Explain the role and jurisdiction of the agencies responsible for defining, regulating, and enforcing international laws (e.g. United Nations and the war crimes tribunals)?
The UN, ICJ, and other agencies have the job of ensuring the right values are held up. Their role is to define, regulate, and enforce international laws as well.
Note
Flashcard