International law CLN4U

Law Why is something legal in one country but not another? What is “perspective”? Religion, gender, culture, geography and language

World Government Should the world community establish a supranational organization responsible for law-making?

What is International Law “State”- organized political community under one government International Law is a set of rules and customs that govern the relationships between ‘states’ Domestic law- rule of law- the state determine the laws and yet citizens within states can challenge the practices of their government Sometimes the challenge can become an international one- allow citizens to take their complaints outside of their state

What is International Law International law cannot become domestic law* If international law is real in anyway it is through the agreements between states (bilateral or multilateral) Main subjects of International Law: Human rights Regulating the use armed force Protection of prisoners Trade and development Laws of the sea Climate change Transportation Telecommunications However, regardless the ultimate legal authority is always “sovereignty”

Thought Should nations be allowed to act, within their own territorial boundaries, in any way they regard as functioning independently?

STATES A states sovereignty can only be interfered with when certain requirements of international law are met (UN) Formal equality between states Therefore- free from intervention of their domestic affairs

International Governance Organizations Organizations created by a legal documents (treaty) between two or more states The United Nations The only agency with the ability to use force is the Security Council International Corrections and Prison Association WHO Nuclear Energy Oversight Everything always goes back to sovereignty

International Law Mass of agreements among nations There is no international force to ‘police’ nations that breach their agreements State sovereignty vs. rules that apply to all humanity and to common areas if earth International law- pre- 1918, 1918- 1990, 1990- 2001, Modern times

Principles of International Law State sovereignty- unfettered right to conduct itself in any manner it chooses over its own territory International law was seen as a guarantor of state independence 17th- 19th centuries- unoccupied land 2013 almost all areas on earth are under the sovereignty of states

Post WW2 Until WW2- state sovereignty- highest importance Post WW2- this idea gave away to a broader view of the rights and responsibilities of state Technology- communication, travel, trade Laws were needed to regulate this

How is International Law Created? There is no single international government Consequently international law has developed as a result of countries agreeing to act or refrain in certain ways Two ways of developing international law: Customary Law and Treaty Law

Customary International Law Established habits- countries have repeatedly behaved a certain way It doesn’t matter if there is a formal requirement if countries BELIEVE they have to act a certain way Diplomatic Immunity* Laws of the sea (pre- 19th century) Constant disputes

Treaties Formal agreement- sets out mutual rights and obligations Ratification Advantages? Disadvantages?