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Law; Treaties.doc

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Political Science
Political Science 3201F/G
Dan Bousfield

INTERNATIONAL LAW CHALLENGES live tweeting #poli3201 @dbousfie need to do participation thing in class • the issue of courses • - material sense • origin in practices, other legal systems • why it is accepted as a rule • practical and political terms • formal sense • - law as it currently stands • - no hierarchy or authority to adopt binding legislation • - subjects of international law are the ones who create it • - there is no overarching binding system of law to hold states accountable • - states have to accept the institutions authority CUSTOMS • practices of states that lead to laws • - diplomatic relations, law of the sea, laws of war • - still subject to the state and customary law • Post 1945 • - increasingly codified multilateral system • - more confusion about sources and validity of international law • ICJ applies to • - international conventions • - international custom • - general principles of law of civilized nations • - juridicial decisions of most highly qualified of various nations • key body of law between states TREATIES • ICJ international convention, whether general or particular, establishing rules expressly recognized by the contesting states • - convention = treaty - not british constitutional law or conference • Article 102 of UN Charter • - 33,000 registered (several thousand multilateral) • increased global interactions require more treaties • - extradition, safety regulations of transport, aid, copyright and environmental protections • is international law liberal? • - forward looking cooperation • - replace custom with explicit rules TREATIES AS CONTRACTS • 1969 Vienna Convention of Law of Treaties • lack of higher authority • - not like national legislation vs contracts • don't apply to a large number of people - like a rule of law • - more about consenting rules between consenting parties • - arguments that genocide convention, human rights treaties, and true international law • key differences • - treaties can create laws • - all states have to agree (even genocide) • - grey areas (treaties as contracts but weak law making) SUBJECTS • only subjects of international law • - states, international organizations and traditionally recognized entities • - NGOs, corporations, foreign corporations • - - contracts internationally between Nations and Corporations • - - corporations ability to directly sue states under NAFTA • - - corporations are not mercenaries (no one state) • Should NGOs and Corporations be granted full subject status internationally CUSTOMS • customs USA vs Nicaragua • - 3 US breached customary international law not to intervene in the affairs of another state , use force against another state, violate sovereignty of another state, intervene in its affairs • - general practice • - accepted as law • National Laws and Jurisdictions • - legal foundation for national decisions • - international tribunals • - treaties as evidence as customary law (wary of explicit provisions) • extradition - why bother with making it explicit if existing rules • repetition • - constant and uniform usage (not perfect, but consistent) CUSTOM EXAMPLES • 1969 Vienna Convention of Law of Treaties • - bound by customary law not over the treaty • - treaty overriden if customary law exists • ICJ Case - US/Nicaragua • - UN Charter was applicable treaty • - Customary law used as basis of decision • Declaration of Martim Law 1856 • - prohibited STATE PRACTICES • what states do and what states say? • - acts less frequent but no
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