Presentation on theme: "SOURCES OF INTERNATIONAL LAW. Because there is no centralized world government or lawmaking body, there is not a complete set of centralized and codified."— Presentation transcript:
Because there is no centralized world government or lawmaking body, there is not a complete set of centralized and codified laws
Article 38 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. Provides a list of what qualifies as international law THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
SOURCES OF INTERNATIONAL LAW The list fails to mention : Volumes of materials produced by the United Nations Documents exchanged between states, persons, or international organizations
TREATIES Definition: A written international agreement voluntarily entered into between two or more sovereign states
TREATIES Nations have adopted the Vienna Convention on the Law of Treaties Outlines the rules that states have agreed to follow regarding how they will negotiate, sign, and be bound by treaties Outlines the principles for interpreting the treaties should disagreements arise Contains technical rules as to when treaties cease to be binding
TREATIES Formation and Implementation 1.Identification of a need for a treaty 2.Developing of mutual interest and concern 3.Negotiations 4.The effect of the treaty (occurs only if the treaty is brought into force by a state. A state may renege on its pledge by refusing to acknowledge the treaty) Only when a state has signed and ratified a treaty that the treaty obligations bind the state Most international treaties are registered with the U.N.
TYPES OF TREATIES Often classified according to the number of contracting parties: Bilateral (two nations) or Multilateral (several nations) Treaty-contracts – relate to particular matters involving certain states exclusively, particular to international economic, social, or political concern Lawmaking treaties – conventions contain provisions that have a universal or general application to states.
EXTRADITING CRIMINALS Extradition : The surrender by one state, at the request of another, of a person either accused or convicted of an act violating the requesting state’s criminal laws There is no international law or multilateral treaty governing the extradition of persons Each state must enter into a separate treaty or reciprocal agreement with another interested state
EXTRADITING CRIMINALS In 2007, the RCMP-Interpol website listed the following countries as having extradition treaties with Canada: Albania, Argentina, Austria, Belgium, Bolivia, Chile, Colombia, Cuba, Czechoslovakia, Denmark, Ecuador, El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Haiti, Hong Kong, Hungary, Iceland, India, Israel, Italy, Korea, Latvia, Liberia, Lithuania, Luxembourg, Mexico, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Peru, Philippines, Portugal, Romania, San Marino, South Africa, Spain, Sweden, Switzerland, Thailand, United States and Uruguay.
EXTRADITING CRIMINALS Luka Rocco MagnottaCharles Ng
PROTECTING DIPLOMATS Diplomatic Immunity : Refers to special rights or privileges that protect foreign diplomatic representatives from physical harm or civil or criminal proceedings under most laws of the host nation Vienna Convention on Diplomatic Relations, 1961 Ratified by 142 states Codified the customary international law of diplomatic practice