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International Relations

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Presentation on theme: "International Relations"— Presentation transcript:

1

2 International Relations
(Course Overview & Introduction) by Karwan Dana Ishik University

3 ALL BOUT ME Law Lecturer at Ishik University
Karwan Dana Law Lecturer at Ishik University Lawyer at Ministry of Natural Resources (RKG). PH.D (Student) University of Wolverhampton, School of Law UK. Masters in law University of Birmingham UK. Bachelor University of Wolverhampton, School of Law, social sciences communication UK.

4 Two Questions What is international law?
Does such a thing really exist? How is international law enforced? Isn’t it really just a matter of power politics? Current members: There are 193 United Nations (UN) member states, and each of them is a member of the United Nations General Assembly.

5 Defining International Law
Traditional: the rules determining the conduct of states in their dealings with one other Increasingly, though, individuals and corporations – not just states – viewed as subjects of international law Newer: the body of rules and principles, formal and informal, operating at the international rather than national level

6 Sources of International Law
Explicit agreements (Treaties, conventions, protocols) UN Charter Geneva Convention Kyoto Protocol Customary Law (like “common law”) General, representative and consistent practice of states Norms (general principles of morality and justice) UN’s Universal Declaration of Human Rights1948 Ok accompanied by the so-called opinio juris, i.e. the conviction of States that the practice or set of practices is required by law. Judgments and awards of international tribunals as well as scholarly summaries have traditionally been looked to as persuasive sources for such legal principles in addition to direct evidence of state behavior c) UN Declaration in 1948: Doesn’t have the force of law, but outlines norms and principles that frown upon political repression, the use of torture, etc.

7 Contracts for the International Sale of Goods
1980 Adopted in 53 countries, including U.S. Similar to Uniform Commercial Code (UCC) law of sales and other commercial transactions across the United States of America (U.S.) through UCC adoption by all 50 states, the District of Columbia, and the U.S. territories.

8 Treaties and International Trade Organizations
WTO/GATT 1995 Outlaws tariff discrimination Most favored nation status Outlaws nontariff barriers Caps tariffs

9 International Courts WTO dispute resolution
Trade disputes between member nations May order retaliatory trade sanctions

10 International Law Principles
Sovereign immunity Equality of countries Each country sovereign nation No country subject to another’s laws without consent International commercial transactions are voluntary – subjects country’s government to civil suits

11 War When is it legal? What conduct is legal?
“just wars” versus wars of violence What conduct is legal? No chemical or biological weapons; no land mines Non-combatants should not be targeted Excessive force should be avoided prisoner of war POWs UN charter distinguishes between the two. Under Article 51, a country is permitted to wage a war to defend itself against an imminent threat. Israel used this language to justify its decision to bomb and thus destroy the Osirak nuclear reactor in 1981 (an Iraqi facility); Bush administration invoked it again in 2003 to justify the invasion of Iraq. But many legal scholars, and now the UN Secretary-General, don’t accept that argument. They call the invasion of Iraq illegal. legal behavior Chemical weapons banned in 1925 Geneva protocol. Production and possession restricted further in the 1992 Chemical Weapons Convention. Biological weapons also curbed under a convention signed in 1972 civilians should be protected proportionality Specific rules to protect prisoners of war from being abused or humiliated. After Saddam’s capture, U.S. news media reported him being checked for head lice. Broadcast of such pics violated rules against mistreatment of POWs.

12 Human Rights New and controversial area How do you define it?
Infringes on national sovereignty Broad political rights Helsinki Accords (1970s) U.N. Covenant on Civil and Political Rights (1966) U.N. Covenant on Economic, Social and Cultural Rights (1966) U.N. Convention Against Torture (1984) Rights of threatened groups U.N. Convention on the Elimination of Racial Discrimination (1965) U.N. Convention on the Elimination of Discrimination Against Women/CEDAW (1979) U.N. Convention on the Rights of the Child (1989) Genocide (1948 convention) Rwanda Bosnia Sudan? Are there such things as international human rights? Targeted countries complain that their internal affairs – and thus their sovereign rights – are abridged in these cases. U.S. and Soviet Union reached Helsinki accords to promote rights of political dissidents in the Soviet bloc. UN convenants also approved to ensure such rights, and to give basic “right to survive” to individuals. Torture CEDAC includes language on comparable worth; Convention on rights of child includes controversial language re: information on sex and sexual reproduction. Should parents be upset? 1994 genocide declared such only after the fact – a human rights tribunal in Tanzania; Bosnian atrocities led to war crimes tribunal in the Hague. U.S. has called crisis in Sudan a case of genocide – but UN hasn’t acted yet.

13 U.S. and Human Rights Champion? Hypocrite?
Led campaign for rights in Soviet Union, then China Hypocrite? U.S. trained torturers during Cold War; and used torture at Guantanamo and in Iraq Targets counter that U.S. itself has largest number of prisoners; a vast population of poor and homeless; persistent racism U.S. hasn’t ratified many human rights conventions Economic, social and cultural rights Elimination of discrimination against women Rights of child Convention on Economic, social, and cultural rights – Congress doesn’t like restrictions on overtime pay, etc. that are viewed in the U.S. as private matters. Convention to Eliminate Discrimination Against Women – language on comparable worth for female workers. Convention on the Rights of a Child: concern about child soldiers (17); and about capital punishment of juvenile offenders.

14 Superpower Exceptionalism
Not just on human rights conventions U.S. also has not ratified ILO conventions on labor rights (1950s) CTBT Convention on the Law of the Seas Land Mine treaty Global Warming (Kyoto) protocol

15 Question Two: How is it enforced?

16 Supranational Enforcement?
Well, no … not really

17 Option #1 International Court of Justice

18 ICJ = World Court A branch of the UN 15 judges
meets in The Hague (Netherlands) he city is also home to the U.N.’s International Court of Justice, headquartered in the Peace Palace, and the International Criminal Court. 15 judges serving nine-year terms selected by UN Hears cases brought by states against other states Example: border disputes (Honduras v. El Salvador) Despite a formal peace treaty, a decision by the International Court of Justice, the support of the OAS and more than 40 years having passed, the dispute remains Jurisdiction? Shaky U.S. and mining of Nicaragua’s harbor (1986) On Nicaragua vs. U.S.: the latter simply withdrew from the optional clause of the ICJ charter, and thereby evaded jurisdiction.

19 Nicaragua v. The United States of America (1986
The first armed intervention by the United States in Nicaragua occurred under President Taft. In 1909, he ordered the overthrow of Nicaraguan President José Santos Zelaya. During August and September 1912, a contingent of 2300 U.S. Marines landed at the port of Corinto and occupied León and the railway line to Granada. A pro-U.S. government was formed under the occupation. The 1914 Bryan–Chamorro Treaty granted perpetual canal rights to the U.S. in Nicaragua and was signed ten days before the U.S.-operated Panama Canal opened for use, thus preventing anyone from building a competing canal in Nicaragua without U.S. permission. The Republic of Nicaragua v. The United States of America (1986) ICJ 1 is a public international law case decided by the International Court of Justice (ICJ). The ICJ ruled in favor of Nicaragua and against the United States and awarded reparations to Nicaragua. The ICJ held that the U.S. had violated international law by supporting the Contras in their rebellion against the Nicaraguan government and by mining Nicaragua's harbors. The United States refused to participate in the proceedings after the Court rejected its argument that the ICJ lacked jurisdiction to hear the case. The U.S. also blocked enforcement of the judgment by the United Nations Security Council and thereby prevented Nicaragua from obtaining any compensation.[2] Nicaragua, under the later, post-FSLN government of Violeta Chamorro, withdrew the complaint from the court in September 1992 following a repeal of the law which had required the country to seek compensation. The Court found in its verdict that the United States was "in breach of its obligations under customary international law not to use force against another State", "not to intervene in its affairs", "not to violate its sovereignty", "not to interrupt peaceful maritime commerce", and "in breach of its obligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956."

20 So who’s right? Realists or Liberals?

21 Introduction to International Law

22 Overview of International Treaty Law, the UN Office of Legal Affairs and Treaty Section directives Karwan Dana

23 Intro to International law cont..
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.  It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens.

24 History international law
Basic concepts of international law such as treaties can be traced back thousands of years. Early examples of treaties an agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prohibited boundary between their two states. Around 1000BC, an agreement was signed between Ramses II of Egypt and the king of the Hittites establishing "eternal peace and brotherhood" between their two nations: dealing with respect for each other’s territory and establishing a form of defensive alliance.

25 Roman Empire The Roman Empire did not develop an international law, as it acted without regard to any outside rules in its dealings with those territories that were not already part of the empire. The Romans did, however, form public laws governing the interactions between private Roman citizens and foreigners. These laws, codified some ideas of basic fairness, and credited some rules to an objective, independent "natural law." ideas of fairness and natural law have survived and are reflected in modern international law.

26 International law has three disciplines in order to be recognized :
 first Public international law, which governs the relationship between states and international entities, it includes a number of laws such as: Treaty law, law of sea, international criminal law, the law of war or IHL, international human rights and refugee law

27 Second , states elements?
The State is a human institution. Thus, population is the first and foremost element. No state can be imagined without the people, as there must be some to rule and others to be ruled. It is however, difficult to fix the size of the population of a state. For the Greek Philosopher Plato, the ideal state should not contain more than 5040 people. But Rousseau the French Philosopher would treat 10,000 inhabitants as the ideal population.

28 Third Element The third essential element of the state is sovereignty. It is that important element which distinguishes the state from all other associations. The word 'Sovereignty' means supreme and final legal authority and beyond which no further legal power exists.

29 What is a “Treaty” The Vienna Convention 1969 defines a treaty as
"an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation" (article 2(1)(a)). Congress of Vienna ( ) “There is always an alternative to conflict”

30 What is a treaty? Article 2(1) (a) of the VCLT defines a treaty as:
“treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation;

31 Treaties Treaties are basically contracts between countries. They are agreements by which the parties intend to be bound. If treaties are broken, their value is damaged because there is no guarantee that future promises will be kept. So there is a strong incentive for nations to take treaties very seriously. Modern nations engage in a two-step procedure for entering into treaties. The first step is signing the treaty. Being a signatory to a treaty means that a country intends to enter into the agreement. The second step is ratifying the treaty. A country that has ratified a treaty has gone beyond merely intending to enter into the agreement, and is now bound by it. This is a critical distinction, and sometimes a point of confusion. A nation may be a signatory to a treaty for many years without ever having ratified it. Each country ratifies treaties its own way. The United States requires the two-thirds support of the Senate, the upper body of its legislature, for a treaty to be ratified; both the executive and the legislature must agree. In Canada, on the other hand, ratification is strictly an executive action, and no parliamentary approval is required before the nation is bound.

32 Modern treaties Modern treaties are interpreted according to the 1969 Vienna Convention on the Law of Treaties. This convention is so widely accepted that even nations that are not parties to the convention follow it. The convention's most important and sensible rule is that a treaty should be interpreted according to the plain meaning of its language, in the context of its purpose, and in good faith. This prevents much squabbling and unnecessary nit-picking. It also makes treaty authors spell out what they are trying to accomplish, to make interpretation easier, in a non- binding "preamble.“ In the modern world, international law is contested for its inability to enforce its rulings.

33 Modern customary Modern customary international law. An important development in modern international law is the concept of "consent." Before World War II, a nation would not have been considered to be bound by a rule unless it had formally agreed to be bound by it, or it was already customarily abiding by that rule. Now, however, merely consenting to an international practice is sufficient to be bound by it, without signing a treaty.

34 International Law and the importance of treaties
In the last decades, relations among States have become increasingly complex – heightening the need to strengthen and promote international law and the rule of law at the national and international levels. The United Nations Secretary-General has, in numerous statements and reports, consistently emphasized the importance of participation in and the domestic implementation of treaty-based norms and international legal principals.

35 LAW National Law Foreign Law International Law

36 International Law

37 International Law Treaties
International Law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. Its area includes a wide range of issues of international concern such as human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, the use of force, and the conduct of war, among others.

38 It also regulates the global commons, such as the environment, sustainable development, international waters, outer space, global communications and world trade. More than 500 multilateral treaties have been deposited with secretary – General of the UN. Many other treaties are deposited with governments and other entities. General Assembly is the main deliberative body of the United Nations

39 When the treaties are adopted by it, is next opened for signature and ratification by the member states of the UN. The General Assembly has adopted a number of multilateral treaties throughout its history, including: International covenant on Civil and Political Rights adopted by UN General Assembly in 1966: these treaties declares that civil and political rights and human rights are fundamental freedoms.

40 To become party to a treaty, a State must express, through a concrete act, its willingness to undertake the legal rights and obligations contained in the treaty – it must “consent to be bound” by the treaty. This is usually accomplished through signature and ratification of the treaty, or if it’s already in force, by accession to it. Each year, the UN holds a Treaty Event, highlighting a group of treaties, as a way to encourage Member States to sign, ratify or otherwise support these treaties.

41 The Union citizenship and Directive 38/2004/CE

42 Directive 2004/38/EC European Parliament and Council Directive 2004/38/EC of 29 April is about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states. This new directive brings together most of the piecemeal measures found in European law previously. The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence. Also it broadens the definition of family to also include non-married partners.

43 Who is covered by Directive 2004/38/EC?
Citizens of an EU or EEA member state who visit, live, study or work in a different member state The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children) Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members

44 What is covered? No-cost, easy, fast issue of visas Easy right to stay for up to 90 days if so desired.  EU citizens and their non-EU family can work if desired in this period, or play. Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient Permanent residence after 5 years Right of facilitated entry if passports have been lost, or if a visa has not been obtained Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent.  Reasons for refusal must be spelled out in detail and there is a right of appeal. EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country

45 How does Directive 2004/38 protect the interests of the States?
Free movement for many, but not for all First 3 months: no right to social assistance benefits under the directive and removal if the citizen of the Union becomes an unreasonable burden on the social assistance system of the MS Up to permanent residence: Right to reside if and until the citizen of the Union is economically self- sufficient Entitlement to social assistance benefits, but the State may check if the citizen of the Union still meets the conditions for residence Departure on grounds of public order and public security Regulation No 1612/68 of the Council, Art. 12)

46 Sources of international law
Point of departure: states must agree: Primary Sources: Treaties Customary law General Principles Secondary Sources: Jurisprudence Literature (Statute of the International Court of Justice art.38)

47 Article 38 of the ICJ Statute:
1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

48 MOVING TO REFUGEES RIGHTS

49 DEFINITION Universal Declaration of Human Rights 1948
HUMAN RIGHTS are the rights that all people have by virtue of being human beings. HUMAN RIGHTS are derived from the characteristic dignity of the human person and are defined internationally, nationally and locally by various law making bodies.

50 Characteristics of ESC rights?
To respect human rights means not to interfere with their enjoyment. For instance, States should refrain from carrying out forced evictions and not arbitrarily restrict the right to vote or the freedom of association. To protect human rights means to take steps to ensure that third parties do not interfere with their enjoyment. For example, States must protect the accessibility of education by ensuring that parents and employers do not stop girls from going to school.

51 The Universal Declaration of Human Rights (UN, 1948)
The UDHR links the two rights: Art. 3: ”Everyone has the right to life, liberty and security of person.” In other instruments these rights are separated – note case law 24 October 2008: The right to life Maria Lundberg, NCHR

52 United Nations High Commissioner for Refugees
INTERNATIONAL REFUGEE LAW Presentation at the “Course on International Migration Law” at Ishik University By Karwan Dana

53 Overview What makes someone a refugee? The refugee journey
Refugees to the EU. – numbers and policies How and why we protect refugees

54 Why do refugees leave their countries?

55 Refugees / Asylees Refugees and asylees leave their countries because of war or persecution due to their nationality, race, religion, political opinion or membership in a group.

56 What is Persecution? While there is no universally accepted definition of persecution, threats to life or freedom are always considered persecution when they occur because of a person’s: Race Religion Nationality Political opinion Membership in a particular social group

57 Persecution Other serious violations of human rights also constitute persecution, including: Slavery Continued detention without a charge or trial Torture Overwhelming discrimination Note: Not all unfair or unjust treatment is considered persecution. Assessments of persecution are made on a case by case basis.

58 Persecution Is Based On:
Race – Examples include Apartheid in South Africa, the Holocaust and slavery. Religion – Could be forbidding membership in a religion or severe discrimination for people who practice a religion. Nationality – Includes citizenship or membership in an ethnic or linguistic group. Examples include Kurds in Iraq and ethnic groups in the former Soviet Union. Membership in a particular social group – Examples include members of a tribe, former government employees, or homosexuals. Political opinion – Examples include membership or activity in an opposing political party.

59 What Is The Difference Between a Refugee and an Asylum?
A refugee receives permission to come to the U.S or UK OR EU. from outside of the country. Refugees are resettled with the help of a refugee resettlement agency. An asylum is already in the U.S UK OR EU. when s/he applies for protection. Asylees have to prove that they have reason to fear persecution in their home country.

60 Who is a refugee? Universal definition in international law:
UNHCR’s Statute of 1950 Article 1 of the 1951 Convention relating to the Status of Refugees and its 1967 Protocol Various regional instruments Removing geographic limitation

61 1951 Convention Article 1 A. For the purposes of the present Convention, the term ‘refugee’ shall apply to any person who: (2) [As a result of events occurring before 1 January 1951] and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to benefit himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable, or owing to such fear, is unwilling to return to it….

62 Inclusion clauses – three basic requirements
1. The person must be outside their country of origin or habitual residence. 2. The person must have a well founded fear of persecution for reasons of: race religion nationality political opinion membership of a particular social group 3. The person must be unable or unwilling to avail of the protection of their own State for reasons of such persecution

63 Expanded refugee definition
The refugee definition in the 1951 Convention is based on an individualised approach – the specific fear of the individual that they have been singled out for persecution EU. Over time a broader understanding of international protection has emerged under which persons who are fleeing serious and indiscriminate threats to life, physical integrity or freedom could also be recognised as refugees. The below situations are included in international refugee status related treaties: Generalized violence External aggression Internal conflicts Massive violations of human rights Other circumstances seriously disrupting civil order

64 Persons who do not deserve protection – excluded under Art. 1 (F)
Persons with respect to whom there are serious reasons for considering that: they have committed a crime against peace, a war crime or a crime against humanity; serious non-political crime commited outside the country of refuge and before admission; an act conflicting to the purposes and principles of the UN.

65 End Clauses – Art 1 (C) 1. When there are fundamental changes in the country of origin Even when there have been fundamental changes in the home country some people may still have a well-founded fear or persecution or it may be unreasonable to expect them to go home because of the severity of past persecution

66 The 1951 Convention on Refugee Status - Refugee Protection Principles
contains a general definition of the term “refugee” embodies the principle of non-refoulement sets minimum standards for the treatment of refugees (basic rights and duties) Prevents penalization for illegal entry supplies on the issuance of ID and Travel documents requires States to cooperate with UNHCR

67 Non Refoulement – Article 31
Prohibition of expulsion or return. No Contracting State shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

68 Refugees unlawfully in the country of refuge - Article 31
States shall not impose penalties (inc. imprisonment or restriction of movement) on refugees coming directly from a territory where they were threatened in the sense of Art 1

69 1951 Convention – other basic rights
general obligation to conform to the law; non-discrimination access to courts right to work right to housing, education, welfare assistance and social security freedom of movement ID documents and travel documents naturalisation

70 During their Escape, Refugees May Experience:
Panic Shock Fear Danger Hunger Fatigue Separation Fear of victimization Fear of being detected or caught in the crossfire

71 The Refugee Camp The average stay in a refugee camp is years. Many camps are heavily guarded, surrounded by barbed wire. Refugees are sometimes treated cruelly by guards. Most camps are operated by the United Nations and receive help from donor countries. The refugees await solutions to the problems in their homelands. 5

72 Interview for Resettlement
The United Nations officials interview people to determine if their situation “qualifies” them as refugees. Only those who can prove they are escaping persecution and are unable to return home are eligible to ask to go to another country. If they ask to go to the UK., refugees are then interviewed by the UK. Refugee Program officials and UK. Citizenship and Immigration Services officials to determine if they meet our eligibility requirements. For instance, fleeing due to famine is considered economic migration not persecution by the UK.

73 To Become a Naturalized Citizen, One Must:
Have a green card for either 3 or 5 years based on your particular situation. Be physically present in the UK. for 10 years. NO criminal record Pay an application fee Each adult £1,121. Pass the citizenship test. Pass the interview in English. Swear to the judge you will follow the laws of the UK. Be of good moral character (e.g., no serious crimes).

74 Revoke citizenship In recent years there has been an increasing use of powers to deprive people of their British citizenship and withdraw British passport facilities, particularly in respect of those who may be involved in fighting, extremist activity or terrorist training overseas. Under section 40 of the British Nationality Act 1981 (as amended), an order to deprive a person of their British citizenship can be made if the Home Secretary is satisfied that:

75  it would be favorable to the public good to deprive the person of their British citizenship status and to do so would not render them stateless; or  the person obtained their citizenship status through naturalisation, and it would beconducive to the public good to deprive them of their status because they have engaged in conduct “seriously prejudicial” to the UK’s vital interests, and the Home Secretary has reasonable grounds to believe that they could obtain another nationality; or was obtained by means of fraud, false representation or concealment of any material fact. In the second and third situations, a person may be deprived of their British citizenship even if this would leave them stateless. “Conducive to the public good” means depriving in the public interest on the grounds of involvement in terrorism, spying, serious organised crime, war crimes or unacceptable behaviours.

76 The power to deprive a naturalised person of their citizenship status and leave them vulnerable to statelessness due to “seriously prejudicial” conduct derives from section 66 of the Immigration Act2014, which came into effect on 28 July The Home Secretary also has powers to issue, withdraw and refuse to issue British passports under the Royal Prerogative (an executive power which does not require legislation). Some critics have questioned how this debated power will be applied, and whether it undermines the UK’s international obligations…….

77 International Laws Protect Refugees
U.N Convention relating to the Status of Refugees (April 22, 1954) Defines who is a refugee Sets out rights of refugees Establishes standards of treatment by receiving countries Limited to pre-1951 European refugees 1967 Protocol relating to the Status of Refugees (October 4, 1967) Removes geographic and time limitations of above-mentioned Convention

78 THANK YOU


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