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FSU CCJ 4938r - Study Guide for Exam #1

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Study Guide for Exam #1- The beginning of international law and the concept of sovereigntyo International law governs relationships between nations. International law gives rights only to nations not an individual. These rights are given through treaties; written contracts between nations- Protocols are amendments to treaties; changing or adding tooo Public International Law covers  Diplomacy: diplomatic immunity The sea: open sea Sales of goods: china does not buy beef from US because of the potential to get mad cow disease Transportation: planes and ships have special rights Human rights: have two sources of international law- Treaty law: between nations- Customary international law: customs that become lawo The beginning of international law The 30 years war, a war between Catholic Kings and Protestant Kings where people were brutally murdered which created the treaty of Westphalia Treaty of Westphalia was the birth of international law as countries agreed to be bound by law this created the concept of sovereignty and the Netherlandso Sovereignty Political independence: every country is allowed their own political system Territorial Integrity: the right to not be invaded Treat your citizens as you wish: A HUG FAILURE- Holocaust defendants claimed they were torturing and killing their own citizenstherefore was not illegal.- How treaties are made, and how countries can modify their treaty obligationso The making of a treaty Step 1: Propose: Any nation can propose a treaty  Step 2: Negotiate: any nation can weigh in on the decisions made Step 3: Adopt: minimal obligation is necessary if a treaty is only adopted. A national leader signs the treaty but is not required to enforce it Step 4: Ratify: this is done by national legislative groups. They decide on how to enforce the treaty and a 2/3rd vote must be awarded. Step 5: Implement: the US is the only who requires this step. Congress must vote and create a national law that reflects the treaty.o How countries can modify them Treaties are consensual and enter into force after a prescribed number of countries have ratified them. Typically 60/190 Those who ratify a treaty become a state party to that treaty and can enter reservations and understanding for that treaty.- Reservation: Disagree with parts of a treaty but agree with other parts. “I reserve the right to disagree with this part”- Understanding: “we understand this to mean…” for example in the US the right to life begins at birth not conception Treaties must also be observed in good faith or “Pacta Sunt Servanda” one cannot enter into a treaty then change the entire treatyo U.S. “last-in-time” rule Treaties are equivalent to federal laws so, if a law changes that affects a treaty the law iswhat governs and vise versa.- Example: 1870 Cherokee Tobacco Caseo A treaty was created stating that the US would not tax the Cherokee Tobacco products. There sales became a monopoly so the US created a law stating they could now tax the tobacco products. This was the beginning of the last in time rule.- How customary international law evolves, how it is defined, and examples of ito Customary international law are practices that evolve (ripen) over time into laws around the world they typically undertake these practices as a sense of legal obligation. These laws bind all countries except those which persistently object (always allowed a certain act) Cannot be accidental or an every once in a while situation. Genocide, slavery, racial discrimination, torture,o Requirements for demonstrating that Customary International Law is binding upon a country: Defendant state has recognized the rule in its own practice The rule has been accepted by almost all other states and defendant state has never expressed and consistently rejected it- Examples of the failures of international law to protect the rights of individuals, that ultimately led to the UN Conference at San Franciscoo Armenian Genocide : Armenia had a large Christian culture in Turkey and Turkey slaughtered 1.5 million Armenians because they were favorable to the same religion that Russia taught. (treat your people as you wish)o Rape of Nanking: Nanking was a city in China and Japan invaded Nanking in a political take over and beheaded men and raped and killed 300,000 women and children (right to not be invaded)o Liberation of Buchenwald: Buchenwald was a Jewish concentration camp the US liberated and found thousand of thousands Jews starved, tested on, tortured, and stacked as fire wood. (treat your people as you wish) - The compromises that went into the UN Chartero The big 3 USA, USSR, UK and China would make up the UN Charter Each would have veto power, emphasis on states rather than individuals with no mention of human rights. Weak general assembly (once a year)o Skeletons in the big 3 closets which stopped human rights mention USA did not want to see any language of the history of racism or genocide USSR, Stalin Gulas may have killed twice as many people as Hitler. So no mention of civil or political rights. Freedom of speech, religion, press UK had centuries of colonial exploitation. No right of independence China was okay to with Human rights!o A revolt occurred where India, Canada, and Brazil insisted on a new version of the UN charter and the UN conference was created in San Franciscoo UN conference  Nongovernmental organizations were invited- They spoke for women and minorities European countries refused to support the big 3o The Compromise – the UN Charter  The UN Charter began but the security council still had a major grip on power- There was no enforcement for human rights and independence was given only to colonies of Germany, Italy, and Japan (the ones who lost in war)- The achievements of the UN Chartero Mentioned human rights but did not define them and spoke for the first time of individual rights- Human rights safeguards still lacking after the UN Chartero Article 2(7); the Non-intervention Clause Nothing in the UN charter will authorize the UN to intervene in matters that are “essentially within the domestic jurisdiction of any state” - The two general types of rights enshrined in the Universal Declaration of Human Rightso Civil and Political rightso Economic and social rights- The significance of the Universal Declaration of Human Rights to the modern human rights movemento


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