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| international law definition |
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| system of treaties, tribunals, customs and orginizations that govern the international system, human rights and the manner in which countries interact |
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| the right of nations-states to control their own teritory and govern its own people it is on of the foundations of the international system |
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| state soverignty can ______ be violated |
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| international interference |
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| can only be justified legally if a country violates the terms and conditions of a treaty, acts agressively towards other countries, or commits egregious violations of human rights ie. genocide |
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| states have to fulfil agreements it has agreed to undertake |
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| no matter what size countries are, they are seen as equal powers in a dispute |
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| no central enforcement body exists in international law, this means the laws are... |
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| only sporadically enforced. Powerful countries are often able to float international law with a few consequences. eg. many international schools argue the following unpunished examples: China/Tibet, US/Iraq, Israel/Palestine |
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| according to international law, a vet by the UN security guard... |
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| is the only way to take aggressive military action |
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| a system wherever countries have domestic laws and international obligations as a result of treaties and agreements ie Canada has a criminal justice must conform to Universal Declaration of Human rights |
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| an agreement signed between countries on a variety of topics e.g.. land, peace, environment, trade |
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| said to exist when 60+ countries take part e.g. Haque or Geneva or NPT (Non piliferation treaty) |
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| treaty process is and example of dualism (3) |
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| 1. negotiated 2. signed 3. Ratified |
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| surrender one state to another of someone wanted for crimes. states agree to extradition treaties with one another that bind them to return suspect. if no treaty exists then extradition is uncertain |
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| refusal of extradition (3) |
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1. Non-bis idiem: crime does not exist in the country
2. if suspect may face death penalty
3. political offenders: if they are being prosecuted as a result of bigotry or discrimination |
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| an immigrant who is fleeing persecution in their home country. THey may not otherwise qualify for entry into receiving state. However by international and treaty law, countries are required to accept them |
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| intergovernmental, trying to maintain world peace. Ulimately failed due to its impotence and non- participation of some important countries |
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formed after WW2 in 1945
1. be a centre for global discussion
2. promote friendly relations between countries
3. Foster international cooperation members are obligated to bargain in good faith, respect the sovereign equality of other members and assist the UN in carrying out its missions |
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1. General assembly: forum for all members to discuss, pass resolutions, refer issues to other countries, vote
2. Economic and social council: 54 members, elected to 3 year terms addresses issues like famine, clean water, healthcare
3. International Court of Justice: hears cases relating to disputes between countries and charges people for war crimes
4. Secretariat: payroll, budget, translation, logistics
5. Security Council: 15 members, 5 permanent, with veto, 1 elected to 2 year term on rotating basis and can authorize sanctions or use of force |
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1. War crimes: crimes which violate the customs and laws of war (killing/torturing POW, deliberately targeting civilians, poison gas)
2. Crimes against peace are acts which provoke wear or aggression e.g. illegal blockade, violation of embassies, fake skirmishes, massing of troops
3. Crimes against humanity: systematic attempts to oppress or eliminate a group of people (genocide) |
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| international dispute resolution methods (3) |
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1. Negotiation between two parties
2. Mediation/ conciliation with a third party
3. Arbitration and binding decision made by a neutral 3rd party |
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| case argued before the ICJ |
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deployment of UN force to maintain order and keep two sides separate in a dispute. Results can be disastrous unless:
1. peace already exists
2. they are requested
3. consensus on their effectiveness
*may only use force in self defence |
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| NPT (Non-pilerferation treaty) definition |
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Definition
| signed by most of the world, designed to stop the spread of countries with nuclear weapons |
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1. 5 recognizable nuclear powers (UK, US, Russia, China, France) agree to work towards towards reducing or eliminating nuclear stopiles
2. Rest of countries agree to not seek or spread nuclear weapons and submit to inspectors by the IASA
3. Countries that cooperate receive assistance with nuclear powers, countries that don't can face sanctions |
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-codified how countries are supposed to behave when at war
-2 sets in 1889 and 1907
-sets rules for how war is supposed to be conducted and ended
-Changed with Geneva convention (POW rules and civilians) |
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| Geneva convention (updated Hag) |
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Definition
Treat POW and civilians fairly and cannot question prisoners of war, can only ask name and state. This is to try and prevent torture.
Once war is over you must release them
cannot torture POW
POW fighting on behalf of an armed group don't get trials |
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| security council and self defence 41 |
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| -article 41 of UN charter authorizes UN to take action against a country found to be in violation of a UN security council resolution sanctions may be applied blocking trade seizing assets, blockading ports ect |
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| security council self defence 42 |
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| allows the UN to authorize the use of force eg. invasion, air strikes, no fy zone, eg. first korean war, gulf war, afghanistan mission |
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| security council self defence 51 |
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| allows countries to use force in self defence |
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| the right of a people to political autonomy is recognized in international law. controversy exists over hat constitutes "a people", how large an area must be, how to administer regions with several groups of people with competing goals |
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| no accepted definition exist but common characteristics include use of violence or correction against civilians in pursuit of political, regions, social or ideological goals. ie al-queda/US gov't |
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| guarantees rights like voting, fair trials, free speech, freedom from discrimination |
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| protects things like right to employment, collective bargaining, language, family, clean water ect. |
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-weak enforcement, UN sends out reports, castigating violators periodically
-developed after the Universal Declaration of Human Rights which was only and aspirational document (disagreement of how rights should be interpreted)
-Capitalists believe rights should only be granted to individuals while communists believe individual rights only protect bourgeois interests and there is no social and economical equality |
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| ICCPR and ICESCR added... |
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| added new rights like asylum, recognition, nationality, standard of living, rest and leisure, EI, artistic and cultural life |
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| should not be permitted and convention on refugees obliges countries to make humane provisions for refugees |
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| internally displaced people |
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| people who are refugees in their own country |
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| regional international courts |
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| exist to force countries to honour their treaty obligations eg. european court for protection of human rights |
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| states have the right to control territory up to 12 nautical miles off the coast. There exclusive economic zone extends 200 nautical miles eg. drilling, fishing |
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| trade without tariffs or barriers eg. Canada is in NAFTA with US and Mexico |
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| exists to promote free trade across globe. countries who join must lower or eliminate tariffs in order to receive access to global markets |
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| is a policy of high tariffs and state support for domestic industries |
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