CLU3M - Law Unit 1 International Law. PP#6 Ms Pannell Source: Gibson, Murphy, Jarman and Grant,. ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, Print. Pp22-29

Canada and International Law

Globalization The transformation of the world into a global community Trade alliances Electronics / technology

Globalization Legal consequences: 1. Interactions among nations have become more complex 2. Resulted in more disagreements International law governs relationships between states. States must agree to follow rules of international law when they form relationships with each other.

What is a State? A group of people 1. Is recognized as an independent country 2. Has territory ruled by a sovereign (independent government) that can enter into relationship with other states Canada is one of 195 sovereign states in the world today 192 members of the UN U.S. State Department recognized 194 States (exception – Taiwan)

International Law – 3 Types 1. Customary Law practices states follow consistently which they assume are obligatory Not actual written codes but found in the written judgments in international law cases 2. Treaty Law Binding agreements, freely entered into by states 3. Resolutions “soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly

Customary Law- Principles Sovereignty a nation’s absolute power to govern itself Control over its territory to the exclusion of other states Recognition Sovereign nations must be recognized by other states Consent States are bound by new international laws only after they freely give consent Good Faith States expected to conduct their affairs with reasonableness and common sense – in how they interpret and use international law

Customary Law- Principles cont. Freedom of the Seas States cannot claim ownership of any portion of the high seas – and airspace above the high seas International Responsibility A state that does not meet an international obligation has committed a wrongful act. It may face criminal penalties Self-Defence A threat of use of force against other states is unlawful (UN). International law recognizes a that states have the right to defend themselves against hostile act Humanitarianism Respect for the interests of humankind – famine or disaster relief

Treaty Law Binding agreements, freely entered into by states 5 step process – see page 24 (textbook) Charter Treaties that establish international organizations Conventions Treaties that are negotiated by many countries, to which all countries of the world may become partners Protocols Treaties that add to earlier treaties on the same topic

Treaty Law continued Treaties – main method of dealing with international problems and conflict 1. Territory – ban further seizure of territory 2. Diplomatic Law and Immunity – states carry on their relations through diplomats and envoys – privileges 3. Protection of Nationals Abroad – Foreign nationals are entitled to protection of life, liberty and property. International law recognizes a state’s right to seize and nationalize property in national interest

Treaty Law continued 4. Extradition and Asylum- extradition treaties let nations bring home people who are trying to escape justice 5. International Trade – international trade agreements (NAFTA 6. Arms Control – banning the testing of nuclear weapons,

Resolutions “soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly Can form the basis for later treaty negotiation

International Organizations Developing and applying international law Resolving disputes between states United Nations (1945) 1. Not the world government 2. Does not have sovereign authority to make laws 3. Passes resolutions nation members

UN General Assembly Each nation gets 1 vote 2/3 majority makes a decision on major matters Cannot demand actions but its resolutions carry strong moral authority

UN Security Council Responsible for maintain peace and security 15 members, 5 of which are permanent members (china, U.S., France, Great Britain and Russia) Have Veto power

International Law Based on principles, rather then on exact wordings Takes into account the generally accepted practices of judicial systems around the world Deals only with disputes between countries, not individuals An individual cannot bring a complaint against a country

The International Court of Justice Established by the UN in 1945 in The Hague, Netherlands 15 judges, elected by the General Assembly and the Security Council To maintain peace and security, and to develop friendly relations among nations. Settles cases involving international borders, diplomatic relations, the right of the country to handle international affairs as it deems fit

The International Court of Justice Established by the UN in 1945 in The Hague, Netherlands 15 judges, elected by the General Assembly and the Security Council To maintain peace and security, and to develop friendly relations among nations. Settles cases involving international borders, diplomatic relations, the right of the country to handle international affairs as it deems fit