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INTERNATIONAL
LAW
DEFINING INTERNATIONAL LAW
▰ Traditional: The rules determining the conduct of states in their
dealings with one other
▪ Increasingly, though, individuals and corporations – not just
states – viewed as subjects of international law
▰ Newer: The body of rules and principles, formal and informal,
operating at the international rather than national level
2
SOURCES OF INTERNATIONAL LAW
▰ Explicit agreements (Treaties, conventions, protocols)
❖ UN Charter
❖ Geneva Convention
❖ Kyoto Protocol
▰ Customary Law (like “common law”)
❖ Widespread, representative and consistent practice of
states
▰ Norms (general principles of morality and justice)
❖ UN’s Universal Declaration of Human Rights
3
OBJECTIVES
▰ To understand the obligations imposed on
India/nations
▰ To understand how these instruments are
implemented in India/nations
4
AREAS OF INTERNATIONAL LAW
5
DIPLOMACY WAR
HUMAN
RIGHTS ENVIRONMENT
D W
H T
WAR
▰ When is it legal?
❖ “just wars” versus wars of aggression
▰ What conduct is legal?
❖ No chemical or biological weapons; no land mines
❖ Non-combatants should not be targeted
❖ Excessive force should be avoided
❖ POW`s (a person who is held captive by a belligerent power
during or immediately after an armed conflict.)
6
DIPLOMACY
▰ Diplomatic recognition and immunity
▰ Embassies as sovereign territory
7
HUMAN RIGHT
▰ New and controversial area
❖ How do you define it?
❖ Infringes on national sovereignty
▰ Broad political rights
❖ Helsinki Accords (1970s)
❖ U.N. Covenant on Civil and Political Rights (1966)
❖ U.N. Covenant on Economic, Social and Cultural Rights (1966)
▰ U.N. Convention Against Torture (1984)
▰ Rights of threatened groups
❖ U.N. Convention on the Elimination of Racial Discrimination (1965)
❖ U.N. Convention on the Elimination of Discrimination Against Women/CEDAW (1979)
❖ U.N. Convention on the Rights of the Child (1989)
▰ Genocide (1948 convention)
❖ Rwanda – Bosnia - Sudan? 8
9
THANKS!

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HUKUM INTERNASIONAL

  • 2. DEFINING INTERNATIONAL LAW ▰ Traditional: The rules determining the conduct of states in their dealings with one other ▪ Increasingly, though, individuals and corporations – not just states – viewed as subjects of international law ▰ Newer: The body of rules and principles, formal and informal, operating at the international rather than national level 2
  • 3. SOURCES OF INTERNATIONAL LAW ▰ Explicit agreements (Treaties, conventions, protocols) ❖ UN Charter ❖ Geneva Convention ❖ Kyoto Protocol ▰ Customary Law (like “common law”) ❖ Widespread, representative and consistent practice of states ▰ Norms (general principles of morality and justice) ❖ UN’s Universal Declaration of Human Rights 3
  • 4. OBJECTIVES ▰ To understand the obligations imposed on India/nations ▰ To understand how these instruments are implemented in India/nations 4
  • 5. AREAS OF INTERNATIONAL LAW 5 DIPLOMACY WAR HUMAN RIGHTS ENVIRONMENT D W H T
  • 6. WAR ▰ When is it legal? ❖ “just wars” versus wars of aggression ▰ What conduct is legal? ❖ No chemical or biological weapons; no land mines ❖ Non-combatants should not be targeted ❖ Excessive force should be avoided ❖ POW`s (a person who is held captive by a belligerent power during or immediately after an armed conflict.) 6
  • 7. DIPLOMACY ▰ Diplomatic recognition and immunity ▰ Embassies as sovereign territory 7
  • 8. HUMAN RIGHT ▰ New and controversial area ❖ How do you define it? ❖ Infringes on national sovereignty ▰ Broad political rights ❖ Helsinki Accords (1970s) ❖ U.N. Covenant on Civil and Political Rights (1966) ❖ U.N. Covenant on Economic, Social and Cultural Rights (1966) ▰ U.N. Convention Against Torture (1984) ▰ Rights of threatened groups ❖ U.N. Convention on the Elimination of Racial Discrimination (1965) ❖ U.N. Convention on the Elimination of Discrimination Against Women/CEDAW (1979) ❖ U.N. Convention on the Rights of the Child (1989) ▰ Genocide (1948 convention) ❖ Rwanda – Bosnia - Sudan? 8