Unit 2     International Law

PART 1 The Challenge of Controlling State Conduct Internationally


PART 2
The CORE 4 International Legal Principles

Other Principles of IL

  •  A System of Claim & Response
  • Conflict of Laws / Jurisdiction
  • The Doctrine of Universal Jurisdiction
  • The Law of Peacemaking
  • Humanitarian Intervention & R2P
  • Defence of Nationals
  • Common Heritage and the Precautionary Principle


PART 3
→ 5 Current International Law Case Studies As Chiefly Interpreted by Canada


CASE 1
SYRIA

FULL Case Problem

IL & Counter-Terrorism Intervention

WATCH Canada in Iraq: The Hidden War (CBC The Fifth Estate 30 October 2015)

IL & Chemical Weapons Intervention



CASE
2
UKRAINE


WATCH
Cold War 2.0 (VICE SPECIAL REPORT)

DEBATE STATEMENT = The Ukraine Conflict is Proof that the International Legal System is Ineffective.


Y = Yes, IL is Ineffective / IL is a Failure


N = No, IL is Effective / IL Works

SUGGESTED DEBATE MATERIALS

ARTICLE 1


ARTICLE 2

DEBATE GROUPS

RED GROUPS DEBATE AGAINST BLUE GROUPS

GREEN GROUPS DEBATE AGAINST ORANGE GROUPS


EACH POD HAS 7.5 MINUTES TO OPEN or CLOSE and MAKE THEIR ARGUMENT (1.5 minutes to open or close & 6 minutes to make your argument using supporting points, research, and evidence)
WATCH Ukraine: Canada's Proxy War (VICE SPECIAL REPORT)

Dr. Taras Kuzio's Guest Seminar Presentation

CASE 3
LIBYA

WATCH R2P Explained by Jennifer Welsh (UN Special Advisor)
WATCH Is R2P Dead? A Debate About R2P and Libya (TVO 24 March 2016)

CASE 4
KOSOVO


C
omplete READING #1 Yugoslavia: A Nation Divided and in your notes answer the questions on the last page.


Complete READING #2
Tell It To The World: International Justice and the Secret Campaign to Hide Mass Murder in Kosovo and in your notes select and record a quote that links strongly to one of the core international legal principles we are studying.  Also write one question for discussion next class.

Tell It To The World

Start READING #3 The Kosovo Report (this is the Executive Summary of the report written by the Independent International Commission of Kosovo looking into the legality of the intervention in Kosovo).  In your notes record the ultimate finding of the Commission on the legality of the intervention and the primary justification offered by the report for it's finding.

The Kosovo Report


ICTY Case Study Djordjevic



PART 4 
Diplomatic Relations

DIPLOMATIC RELATIONS READINGS ON THE Vienna Convention on Diplomatic Relations AND U.S. v. Iran CASE

Immunity Case Studies

Diplomatic Relations Summary Notes

State Immunity Tutorial

 

Diplomatic Immunity Case Study

CASE A Alien Tort Claims Act Proceeding Against Robert Mugabe

CASE B Immunity from Prosecution for International Crimes: Charles Taylor

CASE C United States Reconnaissance Aircraft

CASE D Diplomatic Immunities In Iraq

CASE E Pinochet Arrest and Possible Extradition to Spain

CASE F Assange and the Law of Diplomatic Relations 


Instructions

1. Read assigned case brief  [A, B, C, D, E or F]

2. Highlight / Note where the case brief clarifies / states law or principles relating to diplomatic immunity / relations.

3. Write out:

          a) the legal issue(s).

          b) the RATIO of the case / situation.

          c) reasons why the expert author /court reached their conclusion(s).


Immunity Case Ratios (Bauer)



PART 5
→ Global Justice

Global Justice Slides (Professor Mark Kersten Munk School of Global Affairs)
Asymmetrical Justice


Council on Foreign Relations Guest Speaker → "impunity is the new rule of law"



Global Justice

Does Global Justice Exist?


The "Original Position" Thought Experiment      Fairness Through Self-Interest = Universal Human Rights


This thought experiment was created by the American philosopher John Rawls. He asks us to imagine ourselves in a situation in which we know nothing of our true lives — we are behind a “veil of ignorance” that prevents us from knowing the political system under which we live or the laws that are in place. Nor do we know anything about psychology, economics, biology, and other sciences.


Along with a group of similarly situation-blind people, we are asked, in this original position, to review a comprehensive list of classic forms of justice drawn from various traditions of social and political philosophy. We are then given the task of selecting which system of justice we feel would best suit our needs in the absence of any information about our true selves and the situation we may actually be in in the real world.


So, for example, what if you came back to “real life” to find out that you live in a shanty town in India? Or a middle class neighborhood in Norway? What if you’re a developmentally disabled person? A wealthy elite? (Or as was proposed in a paper, “All Together Now,” a different species?)


According to Rawls, we would likely end up picking something that guarantees equal basic rights and liberties to secure our interests as free and equal citizens, and to pursue a wide range of conceptions of the common good. He also speculated that we’d likely choose a system that ensures universal human rights, both negative and positive rights (such as fair educational and employment opportunities).