Principles of International Law

1. Principles of International Law An introduction

2. Intro • One of the main functions of international law is to govern the relations among sovereign states • International law smoothes the process of state interactions by providing rules for conduct, mechanisms for the resolution of disputes, and substantive and procedural law to help guide decisions.

3. International Law in Everyday Life • The ability of Wal-Mart to invest securely in Canada is regulated by general international law and the North American Free Trade Agreement (NAFTA) • Many CDS sold in stores are made in Asia and South America and I regulated by international trade law rules administered by the international World Trade Organization. (WTO) • The shipping of CDs to Canada is highly regulated • The trademark is protected by international agreement • The content, format, and conditions of the manufacture of the CD are all subject to international standards

4. State Sovereignty • State Sovereignty: The lawful control by a state over its territory, right to govern in that territory, and authority to apply law there to the exclusion of other states. • Originally, this meant a state had the right to conduct itself however it pleased over its own territory. • International law was seen as a guarantor of state sovereignty. • Almost all land was claimed by a sovereign state that constitute the international system. • An international legal system can actually limit state sovereignty

5. WWII • Rights and responsibilities of sovereign states grew during this time period. • Many horrific crimes occurred during WWII that the international community was ill-equipped to deal with • The international community organized itself to judge and punish “war criminals” creating laws that underlay the Nuremberg and Tokyo tribunals that put leaders of the German and Japanese policies on trial.

6. Post WWII – Space Race • A wide range of human activity needed to be regulated on an international basis. • The Space Race created a need for international laws governing outer space. • Places in outer space were free for any sovereign state to explore and could not be claimed by any nation as their own. • Nuclear weapons could not be placed in space • All states were required to help astronauts in danger

7. Canada and the Arctic • Canada wants to claim the Arctic under our sovereignty, but others disagree • It is important to know whose environmental regulations to follow is ships are in the Arctic, as an oil spill would devastate. • The Northwest Passage is opening up and this makes the matter more pressing

8. International Courts • International Court of Justice • International Criminal Court • International Court of Public Opinion • Permanent Court of Arbitration • Permanent Court of International Justice • World Trade Organization Dispute Settlement Body • International Tribunal for the Law of the Sea

9. However… • Enforcement measures are only sometimes available. • Nations are encouraged to obey international law because it is accepted by the international community, not because of risk of legal sanction • Not a formal justice system

10. Case: Trying A Mass Murder • Read the case and answer the questions that follow.