From International humanitarian law to international criminal courts.docx

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Political Science
Antoinette Handley

From International humanitarian law to international criminal courts • Self defence.  General principles  Nicaragua: UN that nothing should deter the use of force. Look at more . And you also must report the situation to the security council. And also the collective of self defence is recognised . Also look at why El Sevardo did not complain. The motives of the attack matters.  Oil platforms ie between Iran and the US again. Also at the treat that bind them together. Look for more.  Non-state actors ie U can use force according to the ICJ to non-state in international law. US and the bombing of Libya. Look at the article 51 that permits the use of force  Pre-emptive/Anticipatory self defence eg Iraq and also look at the Nato bombing in the Kosovo. Look at the book and also the use of self defence has to be proportional and necessary also look at the Palestine. The ICJ recommendation . Nuclear weapons should never be used because the proportionality of death will never be justified ie it will be too much. May be almost all the countries should use force in order to preemptive. International Criminal law. • Actus Reus: Guilty act • Mens Rea: Guilty mind and also look at the specific rea such as genocide Defences • True defences • Defenes which undermine an element of the offence • Kantania view of criminal law. • Retribution ( or societal perception thereof) • Incapacitation, rehabilitation, general deterrence, special deterrence . Different things happens when we need to punish the offenders. • Victim=society “Core Crimes” 1. Genocide 2. War crimes 3. Crimes against humanity  Clash course in criminal law  History: ( Nullem crimen sine lege) After the world war 1. Look at the notes. Ie people in theory have to look at what they are doing. Look also the pre world war two ara.  Nuremberg : This came after the world war II and there is no genocide and there were crimes committed against peace and war crimes. Look at this for more. And also look at why Germany could not try the people who had committed the crimes in the war.  The ad hoc tribunals  Krstic International economic law. Feb 26, 2014. Wed • Friedman : look at him and how he is influential at the international trade. Bcoz we want to import as much as we can. Maximize trade ,build industry but also maintain security. Eg if we had war with Japan while Japan was the only supply, thus we might choose to go with building our own industry. There is also a probability of monopoly and not good for the rest of the world. Look for more. • Fletch, look at him and what he says . And also way he say about the international trade and what they say. Look also at the comparative advantage and how it does not work. • Treatment of foreign investors/ expropriation In Canada, the government support this but not only when there is a public goods, look more for this and the difference between the US. Why does the countries do not want this: It is because of the colonial era expropriation. IE change the law so that they should be a compassion. Look at the UN resolution and economic state. Private property and how you got it does not matter, and to get it you have to tell me why it is very important for the success of the public purpose? Is colonial not something for that was done for the public reasons. And why would we compensate the people who have been colonised? Look this on the international .  Amoco v Iran: The American company and the Iran. Look for more. Contraction remedy. Iran respond that according to the International Criminal law, we can nationalise the company. And the 1920 case of the Poland, ICJ for public policy it cannot discriminate between the alien and the public and thus it has to be accompanied by the composition. Thus the Iran has to pay for some compensation and also look at the two types of compensation.  Nafta chapter 1110, look for more. And what happened in this case. They use a line that say that a non-discriminatory has to be applied. Look for more. Look also in the book page 698.  Criteria for the Expropriation Currie, Forcese and Oosterveld. 1.For public purposes in accordance with a declared national policy 2.Not discriminatory between aliens and citizens, or as between foreign nationalities 3.Not involve the commission of an unjustified irregularity. 4.Be accompanied by a payment of appropriate for compensation • Trade  Introduction to WTO Why was is free trade important and its not only allowed when there is the spread of the diseases.  Non-Discrimination ie If you lower your trade the nations with one nations, then you have to allow to all the WTO countries, no you can also put special consideration to developing countries, also you can put it to high when there is unfair trade. Also at the markets, local and imported should be treating equally. Look at the Japan case. Also look at the Gate ie the one related to WTO.  Free trade : also look at the damping and what happens when one thing hurts the other part in another world. Also look at the production cost and what it means to be significant low. Also look at how the subsidy does not make this a free trade. This is so because the subsidy hurts other countries. Ie there is a need to put sanctions. Subsidy also can hurt, rival export in the international market. Look for more on this. Look at the soft lumber . And look at the way WTO solved this issue. Ie the WTO also says that they provide services and also how Canada said that lumber was not tradable commodity. Canada lost the case. Also look at Natha and Canada. The US was not wrong to impose the traffic and look at 2006, what happened. And the US agreed to lift lumber.  Binding Dispute Settlement ie look more on WTO binding Dispute Resolution, though there is no procedure. You can only pay fines. Look for the Seal ie Canada and the Russia, what the ruling was. - Wealth or money - Equality or fairness ie Maximus the efficiency • Theory of WTO law • Established principles of International Environmental law. • Look for more on the principles of international environmental law. 1. Principle of Prevention 2. Sustainable development 3. Rights of future generation 4. Common but differentiated Sectoral Protections. 1. Protection of the Atmosphere a. Transboundary Air Pollution, look more on the climate change. b. Ozone Depletion c. Global Climat
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