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Concepts In International Law
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Was killing of Bin Laden legal?
Role of UN in international law
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Definition of International Law
laws that govern the interactions and relations between nations, resulting from officials rules, treaties, agreements and customs. -the body of laws governing relations between nations Definition of International Law: a law that has jurisdiction in more than one country (international law is unique in that it attempts to address and resolve legal issues and questions that arise between nations).
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Why? Why is there a need for international law?
-international law is unique -all other areas of law apply to national issues and questions within individual countries -international law attempts to address and resolve legal issues and questions arising between nations Why do we need a system of international cooperation? -cooperation between states is necessary for everyday activities like the postal service, communication, and trade
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Questions How does international law differ from domestic law?
What complicates the development and following of international laws?
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Sovereignty Origins International sovereignty
Sovereign = ruler– King, Queen, Prince Supreme power over subjects in her state International sovereignty Rights unhampered by outside influences E.g. trade agreements Recognizes that independent states are free to enter into relationships with other states
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Sovereignty Post WWII Shift away from notion that individual states should be free from external influence Globalizations has led to erosion of sovereignty Move motivated by specific need Environment Human rights
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Extradition When a criminal flees to another country, the main remedy is extradition Extradition-- The legal surrender or delivery of a fugitive to the jurisdiction of another state, country or government to face trial
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Extradition Extradition treaties contain principles and rules
Double criminality rule- a crime must be a crime in both nations Reciprocity- country A will return the favour in the future to country B Specialty- accused will only be charged with the crime that is specified in the request for extradition
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Diplomatic Immunity Diplomatic corps consist of staffs of trained individuals who assist in implementing their country’s policies in foreign countries Embassies Ambassador- career civil servants Attache- carry out specific roles related to trade or military
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Diplomatic Immunity Vienna Convention
Lays out laws and specific means by which people are protected under the shield of diplomatic immunity Diplomats are shielded from the laws of the host country in which they reside Embassy and grounds are treated as if they belong to the host country they reside Embassy staff cannot be charged with a crime
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