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ENV 319 (2)

Ch 5 The Relationship Between Canadian and International Law

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Simon Fraser University
ENV 319
David Boyd

ENV 319 Book Notes An Introduction to Environmental Law and Policy in Canada By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield Chapter 5: The Relationship Between Canadian and International Law International Law – collection of rules governing countries Domestic Law – law within a particular country How International Law Works (p. 39) - Has no legislature that actually makes it law, and has no police force that can readily enforce the law - Challenge: identifying the precise obligations that states must fulfill - Fundamental precept: states are sovereign in nature o They can do what they want subject only to limits imposed by international law Conventional International Law – established when two or more countries conclude a treaty or an international convention (p. 40) - Only bind those that have signed them - A country may agree to give up a small portion of its sovereignty on particular matters within specified limits that are defined in the treaty - Process starts when an international body (e.g. UN) agrees to sponsor the negotiations among countries - The agreement does not take effect until a defined number of countries have ratified the agreement within an allotted time - Ratification – agreement to the terms of the convention by the national legislature of the countries signing the
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