PRINCIPALS OF

INTERNATIONAL LAW
Sources:
Dimensions of Law (2004)
Other sources as listed

International Law?

What is international law?

What do you think it should govern? Its mandate?

When should a state be able to break an international agreement?

Whats a treaty?

International Law
International law agreements/laws that countries sign/enter in to.
Normally, these decisions are binding, but theyre only as binding as a
country decides them to be. International sets the framework for
everything that happens internationally, from shipping DVDs (NAFTA)
to regulating the rules of war (Geneva Conventions 1949)
States sign these binding agreements, but can leave at anytime.
However, they may face consequences for breaking a treaty (varying
sanctions, threats of war)
Treaty can have a variety of different names, but is an agreement
under international law entered into by sovereign states which dictate
specific actions, intentions, and consequences

The Topic of Sovereignty

State Sovereignty the lawful control by a state over its territory, right to
govern in that territory, and authority to apply law there to the exclusion of
other states (Dimensions of Law, 2004)

Origins - Sovereign = ruler King, Queen, Prince

Internal Sovereignty power over subjects living within the state
(unhampered by outside influences)
External Sovereignty right of the state for forge trade agreements and
participate in the international community - Recognizes that independent
states are free to enter into relationships with other states
What factors might influence the sovereignty of a state?
When might a state willingly choose to limit their sovereignty?
How has Canada surrendered aspects of sovereignty to NAFTA and the WTO?

Problems with Sovereignty

WWII Germany implemented the large-scale state-sanctioned genocide of
Jewish people
The worlds interdependency has created a need to put limits on state
sovereignty international law has real impacts on how a state handles
matters within their country (e.g. Human rights)
What violations of sovereignty have happened lately?
Lets take a read shall we..

Be Careful What You Wish For: Changing Doctrines, Changing Technologies, and the Lower Cost of War

by Rosa Brooks

Questions:

What is meant by the terms state sovereignty and Responsibility to Protect?

How has the term self-defence been interpreted? Issues associated with this?
If cost/risk goes down, will war and violence increase? How is this problematic for international
law? Recent examples?

Examples of Treaties
Mine Ban Treaty
http://www.icbl.org/en-gb/the-treaty/treaty-status.aspx
http://www.un.org/Depts/mine/UNDocs/ban_trty.htm
Framework Agreement Between the Government of Canada and the
Government of the United States of America for Cooperation in the
Exploration and Use of Outer Space for Peaceful Purposes 2010
Agreement between the Government of Canada and the Government of the
Russian Federation on Cooperation in the Arctic and the North 1992
Find 3 more treaties Canada has signed and explain what theyre about
how might Canadas signature on this treaty impact our daily life?

Sovereignty vs. Globalization?

Japans Whaling Practices
http://us.whales.org/issues/whaling-in-japan
List reasons for/against the international community to pressure Japan to change its
practices.
Japan said that if trade sanctions took place, the US would be breaching trade
agreements. Should the need to uphold trade agreements supersede the concerns of
conservationists?
In the end, what is more important: The rights of the people/state (cultural
imperialism) or the concerns of the international community?

Extradition
Legal surrender/delivery of a fugitive to another country to face trial
When a criminal flees to another country, the main remedy is extradition
When might a country extradite? When might they refuse?
Example - http://www.cbc.ca/news/canada/montreal/quebec-extraditionhunger-strike-1.3362595
http://ottawacitizen.com/news/local-news/ottawas-hassan-diab-extraditedto-france-early-friday

Extradition
Canada has bilateral treaties with 49 countries 8
multilateral treaties
Extradition Act 1999 replaced Acts over 100 years old
http://laws-lois.justice.gc.ca/eng/acts/E-23.01/index.html
Changes allowed rules of evidence to be more flexible,
Canada could extradite to other countries as well as ICC, and
include provisions for Transnational crimes. (Crime that can
cross boundaries)

Extradition - Concepts
Double-Criminality Rule the crime must exist (to a similar extent) in
both states (extraditing and requesting states) in order for the person
to be extradited serious crime only
E.g. Canada will not extradite John to Japan if the law he is accused of
breaking exists in Canada as well (the crime of murder exists in both
states, so theyll extradite John)
Contrast this idea with that of marijuana chargesWhat happens now?

Extradition - Concepts
Reciprocity mutual recognition and cooporation with
respect to extraditions, tariffs, and other communal
issues (country A will return the favour in the future to
country B)
Rule of Specialty must only charge with crime in
question, not ones added later

Grounds for Refusal

Why might a country refuse to extradite?
1. Nationality countries may not want to hand over their own
nationals, so they prosecute within the country
2. Political Offenders these can be crimes against government or that
are political in nature extraditing country will make the decision as
no clear definition for the offence exists
3. Death Penalty/torture countries can refuse to extradite if they
know the death penalty is an option. Often, they will negotiate for
assurances that it wont be used
4. Other reasons each state may have their own reasons for refusing
to extradite its not a short process by any means.

Your Turn - Extradition Activities

1. Understanding the Law pg 458 #1 complete each cases in groups of 3,
ensuring you all have your response written down. Vote on the outcome and
give justification for your response
2. Read: - on your own, read and answer the following a long with questions
Reference Re Ng Extradition

United States v. Burns, 2001 How are these cases different?

What are the SCCs beliefs on capital punishment?
Are their rights being violated?
http://www.lawnow.org/whatever-happened-us-v-burns-extradition-deathpenalty/
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1842/index.do

Diplomatic Immunity
Diplomatic Immunity special rights and privileges that
protect foreign diplomatic representatives from physical
harm or criminal/civil proceedings
Diplomatic offices consist of staffs of trained individuals who
assist in implementing their countrys policies in foreign
countries
Embassies
Ambassador- career civil servants
Attache- carry out specific roles related to trade or military

Diplomatic Immunity
Vienna Convention 1961
Lays out laws and specific means by which people are
protected under the shield of diplomatic immunity
Diplomats are shielded from the laws of the host country in
which they reside
Embassy and grounds are treated as if they belong to the host
country they reside
Embassy staff cannot be charged with a crime

Your Turn!
Find ONE issue relating to diplomatic immunity and ONE
example of extradition in Canada (Each example must be
within the last 15 years, and must involved Canada directly)
Explain each as it impacts Canada

Define and exemplify in relation to international law:

Pacta sunt servanda
Opinio juris
Jus cogens