1. International law governs relationships between sovereign states and helps address increasingly complex interactions and disagreements between nations in a globalized world.
2. There are three main types of international law: customary law based on consistent state practices, treaty law based on binding agreements between states, and resolutions which can help form the basis for later treaties.
3. Key international organizations that develop and apply international law include the United Nations and International Court of Justice, though states must still agree to be bound by international rules.
4. 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.
5. 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)
6. 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
7. 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
8. 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
9. 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
10. 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
11. 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,
12. Resolutions
“soft law” (lack the force f customary or treaty law)
Purpose – can be adopted quickly
Can form the basis for later treaty negotiation
13. 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
4. 192 nation members
14. 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
15. 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
16. 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
17. 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