Unit 4 law

global citizenship

a basic understanding of international legal principles is vital for youth to be bale to understand and respond to pressing issues

• as Canadians, we have an opportunity and obligation to educate ourselves about tools to be used in the struggle for equality and peace worldwide

international law: the basics

• international law is a set of rules and customs that governs the relationships between state

• governs the way countries interact with one another

• in specific circumstances, sets how and when international government, like the united nations, intervenes in how a government interacts with its citizens or other people within the state

domestic law

laws specific to one state or nation

the law must specify:

• the behaviors that people/parties must follow

• what the penalties are for people or parties who fail to comply

• how the on-going enforcement of it will be achieved

Government: the legislative, executive and judicial branches

international law

a set of rules and customs that governs the relationships between countries

• no legislature, no executive, no judiciary

who creates international law

international organizations like the United nations also play a key role in facilitating the creation of international law by providing forums for negotiation and setting global standards

• however, enforcing international law often depends on the willingness of states to comply, as there is no single global authority to enforce it universally

• the international law commission works under the UN to develop and codify international law

problems with international law

• there is no single universal governing authority to create and enforce laws

• relies in the consent of countries to agree to it

• there is no global police to enforce control or the adherence to any penalties

sources of international law

develops in 2 main ways

• treaties: formal agreement between sovereign states

• Customary International Law: formed over time as countries follow certain practices consistently, believing that they are legally obligated to do so. I.e immunity of diplomats, prohibition of Genocide

treaties

agreements between sovereign states that are negotiated and signed by their governments

ex: patis agreement on climate change is a treaty

for a state to be bound, they have to ratify = officially consent to be bound

sources of international law cont.

customary practices

• in the absence of any written agreements and treaties, countries MAY choose to engage in practices they feel ethically bound to follow

• they refer to legal norms that have evolved from the consistent and general practice of states, accompanied by their acceptance of these practices as legally binding according to the ICJ

sources of international law example

diplomatic immunity

• states generally refrain from prosecuting diplomats for crimes committed within their territory. instead, such cases are handled by requesting the diplomat’s home country to waive immunity

• this practice is not just a courtesy but is seen as a legal obligation to ensure the smooth conduct of international relations

international law remedies, punishments and penalties

Sanctions: actions to minimize or prevent economic activity between countries

• because of the war Russia started in Ukraine many major powerhouse countries refuse to trade with Russia to prevent economic activity

Trade Boycotts: people refrain from buying or using goods/ services of a particular country or organizations to exert pressure to change behavior

• Russia Ukraine war - many major companies boycotted Russian markets

Withholding Foreign Aid: suspending or reducing economic, military, or humanitarian assistance to another state that us perceived to have violated international legal norms

• a military coup in February 2021 in Myanmar and the violent crackdown on pro-democracy protester, many international donors and UN agencies suspended or redirected foreign aid to Myanmar

Types of sanctions

UN may issue number of different sanctions. Most common are:

Economic Sanctions - typically a ban on trade

Diplomatic Sanctions - the reduction or removal of diplomatic ties such as embassies

Military Sanctions - military intervention

Sport Sanctions - preventing one country’s people and teams from competing in international events

• when a UN sanction is in effect, all member countries must abide by the sanction and it must be voted on in the security council

• individual countries can apply for sanctions outside of the UN called Unilateral Sanctions