Chapter 4: The Relationship Between Canadian and International Law

what is customary international law

the set of rules that has evolved over time and been accepted by states as effective law

what are the two attributes of customary international law

1. opinio juris - states must recognize a particular rule of law to be binding

2. states must follow the rule of law

what are the four international customs of customary international law

• the good neighbour rule

• duty of equitable utilization

• duty to notify and consult

• precautionary principle

the good neighbour rule

requires a state not to cause damage to the envr of another state

duty of equitable utilization

requires fair sharing of resources that are shared by countries or are outside national boundaries

duty to notify and consult

requires a state undertaking an activity that could harm neighbouring nations to notify and consult those nations

precautionary principle

where there is scientific uncertainty concerning the risks or impacts, the decision should reduce or diminish that risk or impact

conventional international law

like a contract and only binds those countries that have signed

when is conventional international law established

when 2 (bilateral) or more (multilateral) countries conclude a treaty or convention (sign an agreement)

what out of these are most formal and least formal: protocol, convention, treaty

most formal: convention and treaty

least formal: protocol

how is a conventional international law created

1. international body (ex: UNEP) agrees to sponsor negotiations among countries

2. if successful, agreement is drafted and signed

= agreement takes affect once a defined number of countries ratify within allotted time → then countries meet periodically to review progress

ratification

agreement to the terms of the convention by the national legislatures

how has canada obstructed international agreements

• failure to progressively respond to negotiations for an international agreement to control mercury

• failure, until recently, to approve proposal to add chrysotile asbestos to the rotterdam convention

what are the sections of standard framework of international conventions

• purposes

• general and specific obligations of the parties

• reporting obligations

• dispute settlement and compliance mechanisms

• review mechanisms

united nations purpose

create a forum for countries to resolve disputes

• every country member can vote on resolution

what do we know about resolutions

• they are not binding and aren’t considered international law

• multiple resolutions on an issue can be viewed as evidence of an emerging international norm

international court of justice

• primary judicial institution for the UN

• adjudicates disputes submitted by member states

• only has a role in resolution when countries have agreed to it: through special agreement, set out within the context of a specific treaty, consent to jurisdiction of the court as a matter of course

Security Council

• the real power nexus of the UN (helps maintain world order)

• 5 permanent members and 10 members elected for 2 year terms

• can impose economic sanctions or authorize military intervention

UN agencies

united nations environment programme: goal of implementing a coherent framework for the envr