International Law CLN 4 U International vs Domestic

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International Law CLN 4 U

International Law CLN 4 U

International vs Domestic Law n n Key difference is the International Law is voluntary

International vs Domestic Law n n Key difference is the International Law is voluntary – only those countries that agree to be bound by international treaties and conventions are subject to them Why?

Challenges of International Law n n Differing cultures, morals, beliefs Differing domestic laws that

Challenges of International Law n n Differing cultures, morals, beliefs Differing domestic laws that may be incompatible with one another • Recall the UDHR n Countries unwilling to give up sovereignty • See recent example of American refusal to ratify the U. N. Convention on the Rights of Persons With Disabilities (which was based on the Americans With Disabilities Act, and would have required no changes to American law) • Also refused to ratify the Convention on the Rights of the Child (just them and Somalia!)

What’s lacking n n n No one universal legislative body to make laws No

What’s lacking n n n No one universal legislative body to make laws No single court to determine penalties No global police force to enforce laws and penalties

Administering International Law n n n The United Nations The International Criminal Court The

Administering International Law n n n The United Nations The International Criminal Court The International Court of Justice Various international tribunals INTERPOL

Formal Agreements n n Bilateral or multilateral treaties, protocols, covenants, and acts Ex: NAFTA,

Formal Agreements n n Bilateral or multilateral treaties, protocols, covenants, and acts Ex: NAFTA, the Geneva Convention, Kyoto Protocol, the Ottawa Convention, etc. Each country ratifies the treaty according to their own legal requirements Ratification may require a change in domestic law

Enforcing Agreements n n The UN can issue sanctions to influence countries The International

Enforcing Agreements n n The UN can issue sanctions to influence countries The International Court at the Hague has no real enforcement powers Its rulings don’t even really create precedents They are said to have a “persuasive value”

Case in Point n n US violation of Geneva Convention in Guantanamo Bay China’s

Case in Point n n US violation of Geneva Convention in Guantanamo Bay China’s violations of the International Covenant on Civil and Political Rights US refusal to abide by rulings of NAFTA and WTO tribunals in the Softwood Lumber dispute Canada’s refusal to abide by the terms of the Kyoto Protocol

Readings n n Sovereignty vs. Globalization (p. 443) Augusto Pinochet (p. 449)

Readings n n Sovereignty vs. Globalization (p. 443) Augusto Pinochet (p. 449)

Environmental Law CLN 4 U Environmental Law nEnvironmental Law CLN 4 U Environmental Law n
Environmental Law CLN 4 U Environmental Law EnvironmentalEnvironmental Law CLN 4 U Environmental Law Environmental
Domestic Violence SameSex Couples Domestic Violence Domestic ViolenceDomestic Violence SameSex Couples Domestic Violence Domestic Violence
Domestic Violence SameSex Couples Domestic Violence Domestic ViolenceDomestic Violence SameSex Couples Domestic Violence Domestic Violence
Against Domestic Violence Domestic violence Domestic violence canAgainst Domestic Violence Domestic violence Domestic violence can
Domestic Violence WHAT IS DOMESTIC VIOLENCE Domestic violenceDomestic Violence WHAT IS DOMESTIC VIOLENCE Domestic violence
Law and Morality CLN 4 U Functions ofLaw and Morality CLN 4 U Functions of
Categories of Law CLN 4 U Common vsCategories of Law CLN 4 U Common vs