Int’l Law Int’l Law {I.R. Unit 4} Int’l Law Treaties, Agreements, Conventions, Protocols, Charters, etc.

2 Types of Int’l Law 1. Customary Law Many have become codified, but not necessary, ex: Many have become codified, but not necessary, ex: many laws at sea (UNCLOS 1 many laws at sea (UNCLOS 1 983), like ships passing on left 983), like ships passing on left diplomatic immunity diplomatic immunity

2. Treaty Law Once signed & ratified, nations are legally bound to honor them (theoretically). Many have opt-out clauses : North Korea & the NPT in 2003 U.S. & ABM treaty in Dec., 2001

What if they don’t honor it? 1. Peaceful solutions: 1a) Diplomatic meetings 1b) Sanctions? – need to be very multilateral to be effective (U.S. v. Cuba; annual GA vote) 1c) Condemning resolutions – isolation & sanctions works?

2. Force: 2a) Who wants to do it? (Not Russia or China) Who wants to do it (Not Russia or China)Who wants to do it (Not Russia or China)

Human Rights & Humanitarian Law 1. foundation = UDHR; Ratified in GA, 1948; enforceable in national & Int’l courts UDHR; Ratified in GA, 1948UDHR; Ratified in GA, major agreements stem from it: * Int’l Cov. on Civil & Pol. Rights (1966) * Int’l Cov. on Econ., Soc., & Cult. Rights (1966) * Conv. on Elim. of…Racial Discrimination (1966) * Conv… Elim…Discr. Against Women (1979) Conv… Elim…Discr. Against WomenConv… Elim…Discr. Against Women * Conv. on Rights of the Child (1990) * Conv. Against Torture (1984) (U.S. has ratified only 3 of them)

Why doesn’t America ratify treaties? a) Difficult; 2/3 in Senate b) Legality; treaties b-4 laws (see Gov’t text) c) Ethics; at least we’re honest

HR law (cont’d) 2. Geneva Conventions a) I (1869) Help for wounded & sick soldiers; creates neutral Red Cross neutral Red Cross b) II (1906) same, sea c) III (1926) Treatment of POW’s d) IV (1949) Protects civilians during war *Apply to all ratifying nations, during any armed conflict

Refugee Law Refugee Law a. ~40 million IDP’s in world b. ~30 million refugees refugees c. UNHCR helps at least 12 million IDP’s/year {Figures courtesy of Prof. Whittier College – a UNHCR consultant since 1993}

Weapons Treaties Weapons Treaties * NPT (1968); then CTBT (1996) * SALT * ABM ( ) * Mine Ban Treaty (1997)Mine Ban Treaty (1997) * Conv. on Cluster Munitions (2010) * START (1991) & New Start (2011)New Start (2011)

World Court I.C.J. Part of UN Charter country v. country disputes country v. country disputes The Hague I.C.C. Since 2002, Most serious criminals for: a) Genocide b) War crimes c) Crimes against humanity

Environmental Law Water – Oceans; close to anarchy Air – A) Climate Change; little agreementClimate Change B) Space; less agreement Land - Sovereignty

Hundreds of others… Hundreds of others… Bilateral treaties on: Bilateral treaties on: Tech sharing, postal, fishing, defense, weather, visas, aviation, customs, extradition, property, telecommunication, terrorism, copyrights…