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