International Law

The Auction

International Law?

• Does not exist in a formal justice system• Differences:

• Creates binding rules– No parliament to pass laws

• Has a judicial system for hearing lawsuits or prosecuting crimes– No judicial body

• Enforcement– Rare enforcement measures

Rules

• Teams will be created.

• The teacher will present an item (concept, idea, organization, etc.) related to international law.

• Each team will bid appropriately on the item, based on the following question:

How important is the item to international law?

• Each team will start with $200.

Sovereignty

• The right to make and enforce laws within a country.

• The right to engage in relationships with foreign countries.

• A shift, since WWII, that international community should have influence over a country’s internal sovereignty.

• Environment and human rights. One for Sale

Extradition

• The legal surrender of a fugitive to the jurisdiction of another state to face trial.

• Principles typically required:• Double-criminality rule – the crime must be a crime in

both countries.• Reciprocity – both countries agree to hand over

fugitives.• Specialty – the accused can only be charged with the

crime specified in the extradition request.

Two for Sale!

Vienna Convention on Diplomatic Relations, 1961

• The protection of foreign diplomats was officially agreed upon and codified in 1961.

• Foreign diplomats are shielded from the laws of the host country, but are subject to the laws of their home country.

• Diplomats may be deemed persona non grata, but this may create tension between the countries. One for

Sale

Trying a Mass Murderer

• Adolf Eichmann, a war criminal and former member of the Nazi SS, tracked down in Argentina in 1960 by Israeli nationals who seized and abducted him to Israel.

• Eichmann argued this went against international law and the United Nations agreed.

• Israel courts weighed Eichmann’s case and found him guilty.

• Underscores the gaps that exist in international law.

Two for Sale

Extraterritorial Legislation

• International law seeks to regulate legislation passed by a state that affects citizens in other states.

• E.g., Cuba and the United States’ Helms-Burton law = provided for penalties (deny U.S. visas, allow civil suits) against those dealing with Cuba.

• Can a state impose penalties domestically on foreign nationals for activities that are legal in other nations?

One for Sale

Diplomatic Asylum

• Arises when a national from a given country seeks protection within an embassy of another country.

• E.g., 1989, the U.S. invaded Panama – Manuel Noriega sought safety in the Vatican embassy in Panama City to avoid arrest by U.S. troops.

Two for Sale

Federal State Clause

• Problems can occur when a treaty is signed by a country, like Canada, with provincial subject matter, but some provinces do not support it.

• E.g., Kyoto Protocol regarding regulations limiting industrial emissions.

• Canada created a federal state clause that allows provinces, in certain situations, a choice whether to participate. Two for

Sale

Vienna Convention on the Law of Treaties

• Codifies the main rules of treaty formation, application, and enforcement.

• A treaty must be negotiated, signed, ratified, and implemented within each state that is party to the treaty = Customary law (common practice or pattern).

• Ratification, in Canada, goes through the Prime Minister’s Cabinet.

One for Sale

International Court of Justice

• 15 judges serving 9 year terms, elected by UN General Assembly and Security Council.

• Settles legal disputes submitted to it by states that have agreed to its jurisdiction; gives advisory opinions on legal questions referred to it by international agencies.

• Judgements are final, but if one state disputes a judgement it may seek measures from the UN Security Council.

Two for Sale

The Auction is Over!

PointsTotal up the points of all the items you won.

• Sovereignty - 90• Extradition - 80• Trying a Mass Murderer - 40• Extraterritorial Legislation - 70• Vienna Convention on Diplomatic Relations, 1961 - 40• Diplomatic Asylum - 45• Federal State Clause - 30• Vienna Convention on the Law of Treaties - 60• International Court of Justice - 50