POLS 3353 - International Law and Diplomacy - Exam 4/Final - Dr. Gallagher

Nationality

Legal, political, and social link between the individual and the state

Expectations for States and Individuals regarding nationality

• State can require citizens to serve in military forces

• Taxes on earnings accrued anywhere in the world

• Individual has expectations based on nationality

• State protection of individuals

• State assists individuals if they are treated poorly in other parts of the world

How do you get a nationality

3 Ways to obtain a nationality

• Parentage, jus sanguinis

• Birth, jus soli

• Naturalization

Nottebohm case

Nottebohm was born in Germany and was a German citizen. He worked in Guatemala and lived there for a long time. Guatemala did not allow citizens of places they were at war with so when the war started Nottebohm wouldn't have been allowed to continue his business. He applied for citizenship in Liechtenstein and they waived their 3 year waiting period to grant him citizenship. Nottebohm then tried to continue his business in Guatemala but Guatemala did not recognize his new citizenship. This case was heard by the ICJ who decided that Guatemala did not have to recognize his citizenship because he did not have link to Liechtenstein.

Stateless

An individual who lacks the nationality of any state

Examples of stateless

Hanna, 1957

• Born at sea

• Lived in Ethiopia, Somaliland, Eritrea

• Italian Steamer• Norwegian motor-ship

Egyptian man, 2007

Refugees

Any person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residences as a result of such events, is unable or unwilling to return to it.

Refugees Cases

• Israel and Palestine

• Britain and Pakistan

• Australia and China

• United States and Haiti (Most famous case)

Kyoto Protocol

An amendment to the UN Framework Convention on Climate Change, adopted in 1997 and entered into force in 2005, that establishes specific targets for reducing emissions of carbon and five other greenhouse gases

What/Who makes an international holiday a holiday?

• The UN sets international days, weeks, years, and decades

• How? Member states make a proposal in the UN General Assembly

• Resolutions get created to establish them

• Can also happen through UN agencies- UNESCO, UNICEF, etc. How international

World Trade Organization, including how it was created and who currently runs it

• Geneva, Switzerland

Dr. Ngozi Okonjo-Iweala, Director General

• Established 1995

Uruguay Round Negotiations (1986-1994)

• 166 members• 98% of World Trade

GATT vs WTO

GATT

• Temporary Structure

• Limited to commodities

• Could not force compliance

WTO

• More institutional guidelines designed for permanent existence

• Applicable for goods, services, intellectual property, and investment rules

• Dispute-resolution mechanism

Tariffs

A tax imposed on imports; this raises the domestic price of the imported good and may be applied for the purpose of protecting domestic producers from foreign competition.

Nontariff barriers

Obstacles to imports other than tariffs (trade taxes). Examples include restrictions on the number of products that can be imported (quota); regulations that favor domestic over imported products; and other measures that discriminate against foreign goods or services

Quotas

Quantitative limit placed on the import of particular goods

Comparative Advantage

the ability of an individual or company to produce a good at a lower opportunity cost than another producer

Absolute Advantage

the ability of a country to produce more of a good or service than competitors, using the same amount of resources

Four factors of production

Land, labor, capital, human capital

Externalities

Costs or benefits for stakeholders other than the actor undertaking an action. When an externality exists, the decision maker does not bear all the costs or recap all the gains from his or her action

Public Goods

a commodity or service that is provided without profit to all members of a society, either by the government or a private individual or organization

nonrival in consumption

Characteristic of a public good: one actor's consumption of the good does not diminish the quantity available for others to consume as well

Nonexcludable

Characteristics of a public good: if the good is available to one actor to consume, then other actors cannot be prevented from consuming it as well

Overexploitation

Consumption of a good at a rate that is collectively undesirable, even if it is efficient from the view of any single

Common-pool resources

Goods that are available to everyone, such as open ocean fisheries; it is difficult to exclude anyone from using the common pool, but one user's consumption reduces the amount available for others.

Doha Amendment

The United Nations is encouraging governments to ratify as soon as they can the amendments relating to the second commitment period of the KyotoProtocol, the international emissions reduction treaty.Ratification of the Doha Amendment to the Kyoto Protocol is a valuable part of the momentum for global climate action for the years leading up to 2020

Paris Agreement

The Paris Agreement builds upon the Convention and for the first time brings all nations into a common cause to undertake ambitious efforts to combat climate change and adapt to its effects, with enhanced support to assist developing countries to do so

4 necessary components for a state to exist

population, territory, government and foreign relations

International Court of Justice

• "World Court"- hears disputes between countries

• Only hears cases involving states

• Can issue forceful subpoenas

Info about International Criminal Court

• Criminal Court

• Cannot render advisory opinions

• Tries individuals

• Cannot issue forceful subpoenas

International Criminal Court definition

A court of last resort for human rights cases that possesses jurisdiction only if the accused is a national of a state party, the crime took place on the territory of a state party, or the UNSC has referred the case to the prosecutor.

Universal Jurisdiction

"is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence"

Peace of Westphalia (including the year)

1648

Sovereignty vs Jurisdiction

• Sovereignty- exclusive legal authority over what happens in your own state (involves the question of unacceptable intrusions by one State into another)

• Jurisdiction- acceptable extensions of a State's power to act or react to events occurring beyond its own orders.