1 / 18

INTERNATIONAL LAW STUDY SHEET II

INTERNATIONAL LAW STUDY SHEET II . Lecture 40 April 29. ASSIGNMENTS. Friday, May 1 Presentations For exam, make sure you read: Climate Change Legal Regimes – http://unfccc.int/ http://unfccc.int/resource/convkp.html – MUST READ – not in textbook – just note 9 on page 654

nysa
Télécharger la présentation

INTERNATIONAL LAW STUDY SHEET II

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. INTERNATIONAL LAW STUDY SHEET II Lecture 40 April 29

  2. ASSIGNMENTS Friday, May 1 Presentations For exam, make sure you read: Climate Change Legal Regimes –http://unfccc.int/ http://unfccc.int/resource/convkp.html – MUST READ – not in textbook – just note 9 on page 654 1.- UNFCCC 2.- Kyoto Protocol Guide: http://unfccc.int/resource/docs/publications/guideprocess-p.pdf 2007 - http://unfccc.int/resource/docs/publications/unitingonclimate_eng.pdf Kyoto: http://unfccc.int/kyoto_protocol/items/2830.php Thomas Friedman: The Power of Green http://www.iht.com/articles/2007/04/15/opinion/web-0415edgreen-full.php WHAT ARE THE KYOTO PROTOCOL MECHANISMS? Final exam: May 4, 4:30-7pm, HUMN 1B50 Today Review Presentations

  3. Presentations& Review - Wednesday, April 29 • Brandy DeLange – Georgian/ Russian Conflict • Review

  4. PresentationsFriday, May 1 • Lauren Hill – International Organizations: Historical Context • Stephen Ching – The Challenges of the EU Integration • Lauren Wheaton – International Rights of Children: Child Soldiering

  5. Student Presentations Attendance is compulsory • Attendance sheet will be sent around randomly • Exam questions are possible from the presentations • – Use other sources (internet: google.com) to read up on areas that are being presented (topics will be posted the previous class) • -HAVE YOUR QUESTIONS READY FOR THE PRESENTERS –

  6. Presentations • E-mail me your title, your name, and 3 main points 2 days before your presentation amhalvorss@aol.com • - 5-10 minutes, succinct, write 3 main points on blackboard, no reading of papers- only notes • - If you like, you can e-mail me a power-point presentation 2 days before your presentation which I can put on my computer

  7. PARTICIPATION and CLICKER POINTS • You need to come up to my desk ASAP to add a check mark on the participation/ clicker list if you have forgotten to do it after you participated or got the clicker question right • You have just today and Friday left to participate in class.

  8. FINAL EXAM THE FINAL EXAM IS CUMULATIVE – • Multiple choice • Fill-in-the-blanks • Short essays Make sure you review the quizzes • ALWAYS USE PROVISIONS FROM THE TREATIES – where applicable Questions: see me, phone me, or e-mail me ahead of the final. • No phone calls on the night before the final.

  9. STUDY SHEET II -1A • NOT an exhaustive list of what you have to know so pay attention to all you have in your notes + treaties + cases - also use Study Sheet I • LIMITED OPEN BOOK EXAM – ONLY the following: TEXTBOOK + TREATIES (downloaded, but no commentaries) + Chart of the UN system + Security Council Resolutions + Stockholm Declaration + Rio Declaration + Draft Article on State Responsibility • - Any other material is considered unauthorized. you cannot bring your class notes - you can write them in your textbook, use only pages that are available – can’t add extra pages to textbook. Stick’ems only giving the chapter names.

  10. Study Sheet II -1B • III. Individuals and international Law • - Objects of international law – Nottebohm case • Subjects of international law: • International human rights law – • International Bill of Rights • 1. Universal Declaration of Human Rights • 2. Intl Covenant on Civil and Political Rights – • 3. Intl Covenant on Economic, Social, and Cultural Rights – • 4. Optional Protocol to the International Covenant on Civil and Political Rights- allow individuals to bring a claim against a state – applies only to states that have ratified the protocol – • 5. Second Optional Protocol to the International Covenanton Civil and Political Rights, aiming at the abolition of the death penalty • [1.- 3. are the most important]

  11. Study Sheet II -2 • Regional human rights treaty - European Convention on Human Rights – European Court of Human Rights • Individual responsibility–ICC Rome Statute entered into force July 1, 2002 - Complimentarity; which crimes?; who can be brought to the court? jurisdiction of the ICC; relationship to the UN; US concerns - Compare to recent ad hoc tribunals for Rwanda, former Yugoslavia

  12. Study Sheet II -3 • V. International Organizations and International Law • 1. Intergovernmental organizations (IGOs) - definition, status in intl law, examples - The United Nations - functions, principal bodies - implied powers – Reparations case, 2. NGO’s – definition, status in international law, examples, influence on development of intl law

  13. Study Sheet II -4 Use of force and Peacekeeping 1. Coercive measures short of war - reprisals 2. Use of force • - prohibited by UN Charter and customary intl law • - exceptions • - UNSC structure change: arguments for and against 3. Peacekeeping • - Principles/requirements • - Uniting for Peace Resolution - Certain Expenses Case • - prerequisites for successful peacekeeping operations • UN and peace and security – changes since the end of the Cold War

  14. Study Sheet II-5 • IV. Bases of jurisdiction – Definition – the allocation of power and authority among states – legislative, adjudicative, executive • Basic question – under what power can a state exercise its sovereign powers beyond its borders? Jurisdiction is defined first of all under municipal law • -International Principles of jurisdiction: defines the limits states may not exceed • 1. territoriality principle • - subjective territoriality- where the act took place • - objective - effects principle - Use Lotus case • 2. nationality principle – • - active nationality – defendant • - passive nationality - victim

  15. Study Sheet II -6 • -International Principles of jurisdiction (- continued) • 3. universality principle – certain crimes universal interest – genocide, terrorism – any state expected to arrest the perpetrator • 4. protective principle – security and integrity of the vital state interests • 5. jurisdiction based on agreement – Agreement betw. US and Cuba regarding Guantanamo • – must be REASONABLE exercise of jurisdiction

  16. Study Sheet II -7 • VI. International Law and the Environment • - state responsibility and the environment – Trail Smelter case • - Stockholm Declaration – 1972 • - Rio Declaration on Environment and Environment 1992 • - Johannesburg Plan of Implementation - 2002 • - sustainable development; precautionary principle – Rio Declaration Principle 15; common, but differential responsibilities – Rio Principle 7 • - Stockholm Principle 21 (and Rio Princ.2) – considered customary international law • - Ozone treaties – Vienna Convention and Montreal Protocol – purpose, framework/ protocol approach, obligations, incentives for developing states

  17. Study Sheet II -8 • - Climate change treaties – UNFCCC and the Kyoto Protocol – in force? UNFCCC – 192 Parties (191 States + EU) – US a Party Kyoto Protocol – 184 Parties (183 States + EU) – US not a Party • - objective, framework/ protocol approach, commitments, incentives for developing states, Kyoto Mechanisms, Annex I parties

  18. Study Sheet II -9 Presentations –Topics Child Soldiers, International Organizations, The Challenges of the EU Integration, Child labor, Access of states - not fulfilling statehood - to the ICJ, International dispute over lobsters, The need for binding law stemming from the UNFCCC, NAFTA, North Korea & UN Relations, Crime of Aggression under the ICC, Human Rights Law and Financial IGOs, International Law and Food Safety, Islamic Criticism of the Universal Declaration of Human Rights, Environmental Law and Soft Power, North Korea and Human Rights, International Criminals, their Crimes, and the Trials that should follow, ICC and US Policy, Human Rights in China

More Related