Unformatted text preview: Ch2. Where Law Comes From
PP8. Other Sources of Law: Municipal Law International Law Municipal Law Local governments create: Law to manage their jurisdiction in the same way the state legislature does Law to implement state laws that the local entity is responsible for Law to cover activities not addressed in state law Local administrative agencies to implement the local laws Issues to Consider
Q: What is the function of municipal law in society? Q: Why can't municipal law conflict with state law? INTERNATIONAL LAW International law primarily governs the relationships between nations Louisiana Purchase Treaty between the United States and France Treaties also encompasses international relations between: Corporations Individuals EXAMPLE: WHALING TREATY The treaty begins by identifying the contracting parties (in this case governments) EXAMPLE: WHALING TREATY The treaty explains why: The agreement is important What problems it hopes to solve What objectives it will achieve How it will do so PREAMBLE Goals of the treaty are to:
Achieve the optimum level of whale stocks as rapidly as possible
Without causing widespread economic and nutritional distress Ensure proper and effective conservation and development of whale stocks ARTICLE I Indicates to whom the Convention applies: Factory ships, land stations, and whale catchers under the jurisdiction of the Contracting Government All waters in which whaling is carried out by such factory ships and whale catchers ARTICLE II Stipulates the definitions of terms as used in the convention For example: "Whale catcher": a ship used for the purpose of hunting, taking, towing, holding on to, or scouting for whales "Contracting Government": any Government which has ratified the treaty ARTICLE III Establishes: An International Whaling Commission Rules for the Commission's operation International Whaling Commission ARTICLE IV Identifies Commission's responsibilities in regard to the collection and dissemination of information about whaling: E.g., Collect and analyze statistical information concerning: Current condition and trend of the whale stocks Effects of whaling activities on those stocks ARTICLE V Authorizes Commission to issue regulations for conservation and utilization of whale resources, based on scientific findings, in regard to:
E.g., Protected and unprotected species E.g., Time, methods, and intensity of whaling Issues to Consider There are diff iculties in implementing agreements between Nations Appropr iations Enforcement Sanctions Political support for continuing agreement Consider the International Convention for the Regulation of Whaling (Continued on Next Slide) ion's onvent The C States: amble Pre "CONS ID whalin ERING that g th after a has seen ov e history of e nother and o rfishing of of wh o f one s ale aft pecies ne area er ano degree the that it is ess r to such a specie ent s fishing of whales fro ial to protec t a " m furth er ove ll r Q: But what if one or more signator ies to the Convention believed it in the economic interests of their citizens to whale in excess of the agreed upon limits? Q: Will the treaty work if nonsignator y nations continue whaling in excess? ion's onvent The C States: ticle V Ar "The C om of the S mission may a c with re hedule by ado mend the pro sp vis p utilizati ect to the con ting regulation ions on of w s hale re ervation and s source s" Q: Who will enforce these rules? Q: Who can impose sanctions for violations? ...
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This note was uploaded on 04/03/2008 for the course PSYC 277 taught by Professor Staff during the Spring '07 term at Arizona.
- Spring '07