SOURCES OF INTERNATIONAL LAW

SOURCES OF INTERNATIONAL LAW

• 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 inaccordance 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 Implementation1. Identification of a need for a treaty2. Developing of mutual interest and concern3. Negotiations4. 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 Magnotta Charles 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

PROTECTING DIPLOMATS

• http://globalnews.ca/news/1037486/india-diplomat-says-she-faced-cavity-search-in-nyc/

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

1. Park Where Ever You Want

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

2. Or Clear a Spot for Yourself

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

3. Become a Doggie Diplomat

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

4. Lose Your Immunity in the Divorce

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

5. Light Up on a Plane

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

6. Stop Cutting your Lawn

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

7. Stop Paying Your Rent

8 THINGS YOU CAN DO IF YOU ARE A DIPLOMAT

8. Slaughter a Sheep