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International Law
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Is International Law Real?
How willing would nations be to surrender sovereignty to some higher authority such as a world government? What type of government would enforce penalties throughout the entire world?
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The United Nations International agency that has facilitated solutions to problems throughout the world Not a world government but has aided individual governments in reaching common goals
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“Punishments” Economic sanctions: any actions that minimize or prevent economic activity that would otherwise occur Trade boycott: a form of protest whereby people abstain from buying or using services/goods of a particular country Trade embargoes: laws or policies that countries initiate to prohibit or restrict the import or export of goods
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Sources of International Law
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Formal Agreements Most common means of establishing rules
Might be called treaties, conventions, protocols, covenants, or acts Treaties: Bilateral: between two nations Multilateral: 3 or more nations Codify: laws are organized & assembled Ratified: formally approved and authorized
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International Peace and Security
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Diplomacy: Mediation: Arbitration:
Peaceful negotiation between or among nations, safeguard Mediation: Appointed or neutral party facilitates an agreement between two or more parties Arbitration: Dispute is referred to a third party who makes a final decision
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Treaties in Action chart paper activity: Antartica, the seas, the stars
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Customary Practices Countries may choose, in the absence of any formal written agreements, to engage in practices that they feel ethically bound to followenv May also feel legally bound by their domestic laws
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General Principle of Law
Third option Based on the “general principle of law” based on “civilized nations” Very difficult to achieve an international consensus on “civilized” or “general”
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Concepts in International Law
Sovereignty: Most important concept The right, unhampered by outside influences to engage in relationships with foreign states Extradition: The legal surrender or delivery of a fugitive to the jurisdiction of another state to face trial
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Diplomatic Immunity: Diplomatic corps: branch of government that provides foreign service and carries it out An embassy and its grounds are treated as if they belong to the diplomats’ home country Therefore the embassy staff (and sometimes family members) cannot be arrested If a country is unhappy with their ambassador, they can declare them persona non grata, meaning a person that is no longer able to stay in their country
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Seatwork Case Study: U.S. v. Burns pg. 446-447
Case Study: Augusto Pinochet pg Questions: pg. 450 Q# 1, 3, 4 Answering Key Questions pg
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Issues in International Law
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Environment Protection
Affected by political, economic and moral considerations UN agencies: UN Environment Programme and UN Division for Sustainable development Customary law: a state should never do environmental harm to another state Precautionary Principle: damage to the environment can be irreversible so we shouldn’t wait for harmful proof, we should take action
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International Trade Exchange of goods between countries
Allows each country to specialize in goods and services Consumers benefit from the diverse range of goods available Protectionist policies: shield domestic products from international competition
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The United Nations
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Structure of the UN handout
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Human Rights
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UN Declaration of Human Rights
1948 Outlines the basic rights and freedoms that all human beings can claim: The right to life, liberty and nationality Freedom of opinion, conscience, & religion Right to work Right to education Right to take part in the nation’s public business
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1993 the UN created a new department called the Office of the United Nations High Commissioner for Human Rights Role of the H.C. is to coordinate all the activities of the UN, to prevent violations of basic rights, investigate violations and work with gov’ts to assist in solving problems
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NGO’s Non-governmental Organizations
Non-profit organizations that work to foster political and economic co-operation Played a critical role in improving protections for human rights Strength: their ability to mobilize public opinion, spread info and pressure gov’ts to conform to international human rights standards E.g. amnesty international
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Rights of Refugees Refugees: people who have escaped from their homeland due to persecution or justifiable fear of persecution based on their religion, race, nationality, political opinion, or membership in a particular social group Genocide: the act of killing, or causing serious harm with the intent to destroy, national, ethnic, or religious groups Political asylum: protection given by one country to refugees from another
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July 1951, Convention Relating to the Status of Refugees: defines who qualifies as refugees and outlines the kind of legal protection and rights that refugees are entitled to in their host country, details the obligations they have to their host Geneva convention defines war crimes as various acts that are “not justified by military necessity and [are] carried out unlawfully and wantonly.” Crime against humanity: act of violence that is committed as part of a full scale or systematic attack on a civil population By 2003, Canada was accepting refugees annually
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International Peace and Security
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Diplomacy Mediation Arbitration
Peaceful negotiations between or among nations, created to safeguard and promote a nation’s interests Mediation An appointed neutral third party facilitates an agreement between two or more parties Arbitration Dispute is referred to a neutral third party who makes a final decision
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NATO & NORAD
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Resolving Conflicts
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Rules of War “war crimes” arose because actions that were viewed as necessary by one party party in order to win a war may violate standards and principles that another society considers to be humane The founder of international law, Hugo Grotius, wrote a book examining the laws of war
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Geneva Conventions Four international agreements that govern the humane treatment of civilians and soldiers during war Complex but essentially a series of dos and don’ts to apply during conflict to protect vulnerable and defenceless individuals Underlying principles are based on the idea that human dignity of individuals must be respected at all times
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International Criminal Court
In the 70’s & 80’s, human rights groups lobbied for a permanent tribunal for the purpose of placing suspected war criminals on trial 120 UN members adopted a treaty called the Rome Statute of the International Criminal Court, came to force in 2002, 60 states ratified it
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Has a mandate to place individuals on trial
Crimes against humanity include torture, rape, enslavement, and forced disappearance, as well as persecution on political, racial, national, and ethnic grounds Located in Hague
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