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1. Announcements2. Current Events3. Introduction to International Law4. Mock Trial Peer Evaluation5. Continue A Few Good Men
Wednesday, May 15th
International vs Domestic Law 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 Differing cultures, morals, beliefs Differing domestic laws that may be
incompatible with one another• Recall the UDHR (Universal Declaration of
Human Rights) 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
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 The United Nations The International Criminal Court The International Court of Justice Various international tribunals INTERPOL
Formal Agreements
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
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 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