INTERNATIONAL LAW STUDY SHEET II

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/publicatio
  ns/guideprocess-p.pdf
• 2007 - http//unfccc.int/resource/docs/publicati
  ons/unitingonclimate_eng.pdf
• Kyoto http//unfccc.int/kyoto_protocol/items/283
  0.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, 430-7pm, HUMN 1B50

3
Presentations Review - Wednesday, April 29

• Brandy DeLange
• Georgian/ Russian Conflict
• Review

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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

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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

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Presentations

• E-mail me your title, your name, and 3 main
  points 2 days before your presentation
• amhalvorss_at_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

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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.

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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.

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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 cant add extra pages to textbook.
  Stickems only giving the chapter names.

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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

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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

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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. NGOs
  definition, status in international law,
  examples, influence on development of intl law

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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

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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

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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

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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

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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

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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