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CLN4U: Unit 4 THE IMPORTANCE OF TREATIES
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Extradition is the act of returning a person to a jurisdiction in which he or she is charged with a crime for trial in that jurisdiction EXTRADITION
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Pillar of international relations 1269 BCE- Hattusilis III King of the Hittites and Ramses II, Egyptian Pharaoh- lasting peace, territorial integrity, non- aggression, extradition, and eternal friendship (aww…) Treaty, convention, protocol, agreement, memorandum, accord Relations between bordering nations are often governed by treaties- Canada- US relations Bilateral (two party) and multilateral (multiple party) TREATIES
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1969 Vienna Convention on the Law of Treaties 1986 Convention on the Law of Treaties… A treaty must follow a specific pattern: negotiation, signing, ratification and implementation Treaties must be negotiated in good faith- invalid treaties: procured by threat or use of force in violation of the principles of international law…so what would you say about the Treaty of Versailles? Can there be legal peace treaties when one party state has militarily defeated another? BASIC TREATY-LAW PRINCIPLES
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Once the language of the treaty has been negotiated, the negotiators will then sign it. This is a formal process and must be then brought back to the nation’s government where it must be ratified Canada: ratification can be done by the Cabinet- however there has become a new policy of reviewing treaties with the whole House of Commons Once ratification is finished the nation must implement it. New legislation may have to be created or a simple acceptance of the head of state Problems occur however when dealing with provincial and territorial interests (Kyoto) BASIC TREATY-LAW PRINCIPLES
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1961 Vienna Convention on Diplomatic relations Emissaries, ambassadors, and representatives Embassies Diplomatic Immunity: “person of a diplomatic agent shall be inviolable”- what does this mean? Foreign embassies are not foreign land- it’s a myth There can be no entry into the embassy by nationals of the host state without authorization from the sending state Page 487 US Diplomatic Hostages in Iran DIPLOMATIC RELATIONS
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A national from a given country seeks protection within the embassy of another country This can obviously strain relations between host and occupier 2002 North Koreans entered Canadian compound in China- seeking transfer to South Korea…uhoh Robert Snowden Julian Assange What about Canada? http://www.ctvnews.ca/canada/canada-s- snubbing-of-asylum-seekers-spurs-human-smuggling-harvard-study- 1.1560786http://www.ctvnews.ca/canada/canada-s- snubbing-of-asylum-seekers-spurs-human-smuggling-harvard-study- 1.1560786 http://zeenews.india.com/slideshow/famous-cases-of-asylum- seekers_109.html/ http://zeenews.india.com/slideshow/famous-cases-of-asylum- seekers_109.html/ DIPLOMATIC ASYLUM
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Relations between states are managed by a number of officials other than those formally designed as diplomats Consular duties- protecting nationals of the sending state in the territory of the receiving state Access to prisoners is a major issue for people with consular duties William Sampson 2001 CONSULAR RELATIONS
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