International Law The Auction

International Law? Does not exist in a formal justice system Differences: Creates binding rules – No parliament to pass laws Has a judicial system for hearing lawsuits or prosecuting crimes – No judicial body Enforcement – Rare enforcement measures

Rules Teams will be created. The teacher will present an item (concept, idea, organization, etc.) related to international law. Each team will bid appropriately on the item, based on the following question: How important is the item to international law? Each team will start with $200.

Sovereignty The right to make and enforce laws within a country. The right to engage in relationships with foreign countries. A shift, since WWII, that international community should have influence over a country’s internal sovereignty. Environment and human rights. One for Sale

Extradition The legal surrender of a fugitive to the jurisdiction of another state to face trial. Principles typically required: Double-criminality rule – the crime must be a crime in both countries. Reciprocity – both countries agree to hand over fugitives. Specialty – the accused can only be charged with the crime specified in the extradition request. Two for Sale!

Vienna Convention on Diplomatic Relations, 1961 The protection of foreign diplomats was officially agreed upon and codified in Foreign diplomats are shielded from the laws of the host country, but are subject to the laws of their home country. Diplomats may be deemed persona non grata, but this may create tension between the countries. One for Sale

Trying a Mass Murderer Adolf Eichmann, a war criminal and former member of the Nazi SS, tracked down in Argentina in 1960 by Israeli nationals who seized and abducted him to Israel. Eichmann argued this went against international law and the United Nations agreed. Israel courts weighed Eichmann’s case and found him guilty. Underscores the gaps that exist in international law. Two for Sale

Extraterritorial Legislation International law seeks to regulate legislation passed by a state that affects citizens in other states. E.g., Cuba and the United States’ Helms-Burton law = provided for penalties (deny U.S. visas, allow civil suits) against those dealing with Cuba. Can a state impose penalties domestically on foreign nationals for activities that are legal in other nations? One for Sale

Diplomatic Asylum Arises when a national from a given country seeks protection within an embassy of another country. E.g., 1989, the U.S. invaded Panama – Manuel Noriega sought safety in the Vatican embassy in Panama City to avoid arrest by U.S. troops. Two for Sale

Federal State Clause Problems can occur when a treaty is signed by a country, like Canada, with provincial subject matter, but some provinces do not support it. E.g., Kyoto Protocol regarding regulations limiting industrial emissions. Canada created a federal state clause that allows provinces, in certain situations, a choice whether to participate. Two for Sale

Vienna Convention on the Law of Treaties Codifies the main rules of treaty formation, application, and enforcement. A treaty must be negotiated, signed, ratified, and implemented within each state that is party to the treaty = Customary law (common practice or pattern). Ratification, in Canada, goes through the Prime Minister’s Cabinet. One for Sale

International Court of Justice 15 judges serving 9 year terms, elected by UN General Assembly and Security Council. Settles legal disputes submitted to it by states that have agreed to its jurisdiction; gives advisory opinions on legal questions referred to it by international agencies. Judgements are final, but if one state disputes a judgement it may seek measures from the UN Security Council. Two for Sale

The Auction is Over!

Points Total up the points of all the items you won. Sovereignty - 90 Extradition - 80 Trying a Mass Murderer - 40 Extraterritorial Legislation - 70 Vienna Convention on Diplomatic Relations, Diplomatic Asylum - 45 Federal State Clause - 30 Vienna Convention on the Law of Treaties - 60 International Court of Justice - 50