International Law CLN4U

International vs Domestic Law Key difference is the International Law is voluntary – only those countries that agree to be bound by international treaties and conventions are subject to them Key difference is the International Law is voluntary – only those countries that agree to be bound by international treaties and conventions are subject to them Why? Why?

Challenges of International Law Differing cultures, morals, beliefs Differing cultures, morals, beliefs Differing domestic laws that may be incompatible with one another Differing domestic laws that may be incompatible with one another Recall the UDHRRecall the UDHR Countries unwilling to give up sovereignty Countries unwilling to give up sovereignty See recent example of American refusal to ratify the U.N. Convention on the Rights of Persons With Disabilities (which was based on the Americans With Disabilities Act, and would have required no changes to American law)See recent example of American refusal to ratify the U.N. Convention on the Rights of Persons With Disabilities (which was based on the Americans With Disabilities Act, and would have required no changes to American law) Also refused to ratify the Convention on the Rights of the Child (just them and Somalia!)Also refused to ratify the Convention on the Rights of the Child (just them and Somalia!)

What’s lacking No one universal legislative body to make laws No one universal legislative body to make laws No single court to determine penalties No single court to determine penalties No global police force to enforce laws and penalties No global police force to enforce laws and penalties

Administering International Law The United Nations The United Nations The International Criminal Court The International Criminal Court The International Court of Justice The International Court of Justice Various international tribunals Various international tribunals INTERPOL INTERPOL

Formal Agreements Bilateral or multilateral treaties, protocols, covenants, and acts Bilateral or multilateral treaties, protocols, covenants, and acts Ex: NAFTA, the Geneva Convention, Kyoto Protocol, the Ottawa Convention, etc. Ex: NAFTA, the Geneva Convention, Kyoto Protocol, the Ottawa Convention, etc. Each country ratifies the treaty according to their own legal requirements Each country ratifies the treaty according to their own legal requirements Ratification may require a change in domestic law Ratification may require a change in domestic law

Enforcing Agreements The UN can issue sanctions to influence countries The UN can issue sanctions to influence countries The International Court at the Hague has no real enforcement powers The International Court at the Hague has no real enforcement powers Its rulings don’t even really create precedents Its rulings don’t even really create precedents They are said to have a “persuasive value” They are said to have a “persuasive value”

Case in Point US violation of Geneva Convention in Guantanamo Bay US violation of Geneva Convention in Guantanamo Bay China’s violations of the International Covenant on Civil and Political Rights China’s violations of the International Covenant on Civil and Political Rights US refusal to abide by rulings of NAFTA and WTO tribunals in the Softwood Lumber dispute US refusal to abide by rulings of NAFTA and WTO tribunals in the Softwood Lumber dispute Canada’s refusal to abide by the terms of the Kyoto Protocol Canada’s refusal to abide by the terms of the Kyoto Protocol

Readings Sovereignty vs. Globalization (p. 443) Sovereignty vs. Globalization (p. 443) Augusto Pinochet (p. 449) Augusto Pinochet (p. 449)