Grade 12 Law Exam

  1. Who are the natural law and positive law theorists and what are their beliefs?

John Locke:

  • Equality; best government involves legislatures.

  • Live in peace but unite for protection.

  • Revolt is justified if the government doesn't serve the common good.

Jean-Jacques Rousseau:

  • Humans are naturally free but corrupted by societal structures.

  • Advocated governance by the "general will" through a social contract.

  • Did not clearly define "general will."

Jeremy Bentham:

  • Supported Utilitarianism: law should achieve the greatest good for the greatest number.

  • Saw law as a tool for social control.

John Austin:

  • Law promotes happiness and serves as the standard of justice.

  • Morality and ethics are separate from law.

Karl Marx:

  • Law is a tool for elite class dominance over the lower classes.

  • Advocated collectivism over individual rights.

John Rawls:

  • Justice arises in a society where wealth disparities are hidden.

Noam Chomsky:

  • Elites and lawmakers collaborate to maintain power, with media as a supporting tool.

  1. What is the political spectrum?

  • a system to characterize and classify different political positions in relation to one another

  1. What are the factors driving changes in law and how do they impact the law?

Demographic Changes:

  • Changes in population statistics create new societal needs.

  • Impact: Laws evolve to address emerging issues (e.g: more women in the workforce led to pay equity laws).

Technological Advancements

  • New inventions necessitate legal frameworks.

  • Impact: Laws adapt to regulate new technologies (e.g., the invention of radio led to Canadian Broadcasting Corporation rules).

National Emergencies

  • Crises force immediate legal changes to protect the public.

  • Impact: Enhanced security and protection laws (e.g.:  post-9/11 stricter airport security, border controls).

Religion

  • Religious values shape moral standards, influencing laws.

  • Impact: religion is taken into consideration when determining laws (e.g., “Lord’s Day Act” and moral offences like adultery as grounds for divorce.)

Social Philosophy

  • Shifts in societal values and historical events reshape laws.

  • Impact: Legal reforms based on societal matters

Political Philosophy

  • Political ideologies influence perceptions of law.

  • Impact: Laws reflect prevailing political views on governance and justice.

  1. What is the Human Rights Watch? How do they go about conducting their work?

  • An international non-profit human rights organization that works with local groups, governments, and the United Nations.

  1. What is NAFTA? EU? Brexit? USMCA? ICC?

NAFTA:

  • Trade agreements between Canada, the  US and Mexico were made to remove trade barriers throughout North America. (ex: eliminates tariffs on imports and exports)

EU:

  • a partnership between 27 European countries that share a single market, where goods, services, capital, and people can move freely.

Brexit:

  • The UK’s decision to leave the EU, they left in 2020

USMCA:

  • replaced NAFTA, updated based on changing times

ICC:

  • international court established to help countries prosecute cases when the country is unable or unwilling to do so

  1. What are the stages in treaty negotiations?

Negotiation

  • Nations discuss terms based on established standards.

Signing

  • Diplomatic representatives sign the agreed-upon text.(Signing does not make the treaty legally binding.)


Ratification

  • Formal consent is granted through each nation's process.

  • Nations may add modifications or exclusions 

Implementation

  • Treaty's conditions are passed into domestic law

  1. What are the current laws related to international boundaries?  (Airspace / Outer space / Continental Shelf / Antarctica / Internal Waters)

Airspace:

  • Each country has sovereignty over the airspace above its nation

  • Right to fly over a foreign country without landing 

  • Right for airlines to land in foreign countries for technical stops (ex: refuelling)

  • Right to fly commercially from one zone country to another

  • Right to fly commercially from another country to one zone

  • Right to fly pick up passengers at a connecting stop and take them to final destination

Outerspace

  • Outer Space is not owned by any specific nation

  • no natural resources can be taken from the moon (major powers did not sign this agreement)

Continental Shelf

  • Gives coastal states rights right to explore and exploit the natural resources of their continental shelf

Antarctica

  • forbids the use of Antarctica for military bases or training.

Internal Waters

  • coastal states have full sovereignty over internal waters and can treat them as if they were part of its land territory.

 

  1. What are sanctions and subsidies including the types of sanctions and the positives and negatives of

each?

Subsidies: a grant from the government that gives money to a particular business area with the intent of keeping costs low

  • Negative: Subsidies cause prices to be unaligned with production costs, preventing efficient outcomes.

  • Positive: Costs will be lower for customers where subsidies are happening.

Sanction: A restriction on an economic or political action to encourage a change in behaviour

  • Negative: can help bring about political change

  • Positive: can limit the economic well-being of people in sanctioned countries

  1. Outline the various agreements related to international safety and security discussed in class.

  1. Outline the structure and organs of the UN including GA, Security Council, Secretariat and ICJ

General Assembly: Main forum for discussion.

Security Council: Ensures peace; 15 members (5 permanent with veto: China, Russia, US, UK, France).

Secretariat: Runs daily operations; led by the Secretary-General.

Economic and Social Council: Focuses on development.

International Court of Justice: Handles legal disputes.

Trusteeship Council: Inactive, supported decolonization.

  1. What is a UN Declaration?

Declaration: A document voted on by the members of the GA (examples: Universal Declaration of Human Rights, Declaration on the Rights of Disabled People)

  1. Know the terms discussed in class related to diplomacy.  (Examples: Uni/Multi/Bilateralism, Binding, Consular Relations, Diplomatic Immunity and Asylum)

unilateral: one-sided agreements made by 1 country

bilateral: agreements between 2 countries (ex: Australia and Canada)

multilateral: agreements between more than two countries

consular relations: the way two countries work together through their ambassadors to represent their interests and assist their citizens

diplomatic immunity: grants diplomats protection from prosecution or lawsuits under the laws of the host country they are serving in

diplomatic asylum: granted to a person in a foreign country within the premises of an embassy or consulate

  1. Define and explain the role of NGOs and the strengths and difficulties of NGOs. 

NGO: a not-for-profit independent of the government. (usually funded by donations but some are run by volunteers.)

Advantages:

  • more flexible in their approach to issues than governments

  • Can communicate at all levels (individuals to governments)

Disadvantages:

  • Cant pay as much to employees 

  • When situations get bigger they cannot increase their resources easily

  • lack of accountability

  1. What is the role played by the various international financial organizations discussed?

IMF (International Monetary Fund): provides loans to governments in economic distress, and is known as a "lender of last resort".

WTO (World Trade Organization): ensures that trade flows smoothly and freely, and contributes to economic growth and development. 

WB (World Bank):  helps countries reduce poverty and improve living standards

  1. How is peacekeeping funded? How has its focus changed in recent years?

  • Funded by obligatory payments based on per capita income of UN member nations.

  • Changes in response to the world around them

  • Changed from protecting the state to individuals.

  1. What are the positives and negatives of the Copenhagen Accord, Kyoto Protocol and Paris Agreement?

Copenhagen Accord:

Positives: 

  • provided funding for developing countries

  • brought in major economic powers like China

Negatives:

  • non-binding

  • soft target date

  • targets were voluntary