Concepts in International Law. If we cannot end our differences, then at least we can make the world safe for diversity - JF Kennedy

Transcription

1 Concepts in International Law If we cannot end our differences, then at least we can make the world safe for diversity - JF Kennedy

2

3 Sovereignty Origin of the concept- sovereign or ruler (king, prince, queen)- exercising power over subjects Supreme power over subjects living or visiting within his or her state- Internal Sovereignty External Sovereignty- the right, unhampered to engage in relationships with foreign states Prior to WWII- State Sovereignty was the ultimate concept Since WWII- a significant shift away from the unhampered principle that they should be free from international intervention

4 Sovereignty A country s interdependence has increasingly needed international cooperation Legal scholarship has pushed for the erosion of state sovereignty- which we can see in the EU, NAFTA, the now dead TPP and other various globalization themed economics There really is a fairly strong need for international cooperation- environmentalism, basic income sharing, promotion of peace and stability etc.

5

6 The Odd Case of Antarctica Sovereignless Land - subject of some pretty serious disputes between statesclaimed interest Antarctic Treaty usage only consistent with peaceful purposes, ban on nuclear waste and disposal of waste and cooperation is paramount for scientific research- 40 countries have signed it Madrid Protocol preservation for environmental state, no mining 1996 American legislation regarding eco-tourism

7

8 The UDHR 1948 codified declaration of accepted norms pertaining to Human Rightstherefore the accepted notions of rights according to civilized nations Are these universally recognized human rights so important that one nation or one organization has the right to interfere in the internal affairs of another nation? Are these rights reflective of the diversity of values we see around the world? It is likely that we will have to re-examine the long cherished sense of entitlement regarding sovereignty, as noted by Albert Einstein

9

10 UDHR Article 3- Everyone has the right to life, liberty and security of person. Article 5- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 23: Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

11 Sovereignty vs. Globalization Japanese Whaling

12 Extradition Domestic crime by citizens or not is very simple to process and understand- its very confusing when a subject flees to another sovereign state If the subject if apprehended, the country of flight has no jurisdiction to prosecute the suspect Equally a nation state has no jurisdiction to send its authorities into another sovereign state to bring that suspect back to the initial country The only solution therefore is to subject the process to legal norms or international law- Extradition

13

14

15 Extradition The legal surrender or delivery of a fugitive to the jurisdiction of another state, country, or government to face trial For extradition to occur there must be a treaty and there are some very common accepted norms within treaties A. Double criminality must exist B. Reciprocity C. Evidence of guilt D. Speciality- there can be no subterfuge or deception

16 Extradition Reasons to refuse extradition? How about the Death Penalty? If we do not have the Death Penalty but have extradition treaties with countries that do, should we extradite both our citizens and non-nationals to those states? Two SCC cases to determine this issue in Canada- Ng 1991 and Burns 2000 Canada is party to 49 bilateral treaties of extradition and 8 multilateral treaties Canada also has the Extradition Act 1999 to determine the process for all further extradition treaties

17 Extradition Act Allowances made for extraditable offences of transnational crime (computer crime) - Canada will extradite to nations and organizations such as the ICJ and tribunals - More flexibility in regards to the rules of evidence provision (what is admissible in one country is not in Canada) See case studies