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International Law.docx

6 Pages

Law and Society
Course Code
LWSO 203
Marywyatt Sindlinger

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International Law 4/12/2013 9:07:00 AM What is law? -a superior governing sovereign body enacting legislation on subjects with an enforcement mechanism Intl. law doesn’t have these factors ^ -no intl. governing bodies -no way to impose laws -no way to enforce Intl law: a set of rules designed to regulate states conduct with each other E.g. treaty laws -states think that they’re bound to follow these laws, and recognize them as laws >most follow them, only hear about those who don’t Customary Law: how states have customarily & traditionally interacted through time and is now accepted and expected as the appropriate way to interact E.g. conquering territories -it has become a custom for states to follow the principles of DHRF Intl. conventions & treaties: a legally binding agreement deliberately created b/w 2 or more subjects of intl. law who are recognized as having treaty making capacity -only binds signatory parties (doesn’t apply to non-signers) -creates a legal binding relationship b/w parties (deliberately and consciously entered) -generally followed b/c voluntary entry, usually beneficial -you can’t be forced/involuntarily enter ratification process: non-UN: states 1 on 1 draft and sign agreement as states, and return to domestic legislatures to create, implement & ratify the agreement (often requires domestic legislation to be created as well) UN: i) sign the UN declaration of Human Rights ii) enter into intl. treaties for the protection of HRs iii) ratification & implementation of domestic legislation to enforce Intl. HRs treaties: **ICCPR: Intl. Covenant on Civil & Political Rights** signers will respect and ensure to all indv. The rights in the covenant through domestic legislation as necessary to give affect to the rights & provide remedy if they’re broken  Self determination  right to life  freedom from torture & slavery (economic & sexual)  arbitrary arrest & detention  a fair, impartial trial &presumption of innocence  indv. Liberty (thought, conscious, religious, speech, a
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