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15 International Law water

Texas medellinconvictedofrapeandmurder

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Unformatted text preview: esponsibilities as state • Who is covered by law? Where? Diplomacy Diplomacy • 1962 Diplomatic Treaty • 1964 Consular Treaty • Virtually universal acceptance ­ but – • Sometimes ignored Iranians Seize US Embassy 1978 Iranians Seize US Embassy 1978 Note: some believe the man circled in red is President Ahmedinejad The US and the Consular Convention The US and the Consular Convention Medellin v. Texas • Medellin convicted of rape and murder • Appeal: not given his rights under 1964 convention • US Supreme Court: issue cannot be raised on appeal • ICJ reminds US it signed 1964 Convention • Medellin executed 5 August 2008 Laws of War: Laws of War: Going to War – jus ad bellum • Self­defense • Defense of others • UN Security Council approval • Humanitarian intervention not condoned Laws of War: Laws of War: Conduct in War – jus in bello • Proportionality • Treatment of non­combatants – Civilians, prisoners, sick and wounded • Prohibited weapons and means Red Cross/Red Crescent Red Cross/Red Crescent Prohibited weapons ­ poison gas Prohibited weapons ­ poison gas War Crimes War Crimes Srbenica 1995 ­ Radko Mladic Law of the Sea Law of the Sea Wide Acceptance Law of the Sea Law of the Sea Territorial waters and Jurisdiction Law of the Sea Law of the Sea Resources ­ Pollution Deep Seabed Mining Deep Seabed Mining “The Common Heritage of Mankind” Laws of Air and Space Laws of Air and Space • Air transport – ICAO established in 1943 • Space – similar to law of sea – Sharing of data – Astronauts/cosmonauts treated as ‘diplomats’ – No militarization/colonization of space Environmental Laws Environmental Laws • Usually found in commercial treaties • Shifting standards of responsibility – Initially –due regard for hazards – Now – strict accountability • Developed countries ­ LDC debate Human Rights Human Rights – Grounded in natural law – ‘Guarantees’ of human rights relatively new – The doctrine of positive law hindered efforts • No law in the absence of a sovereign – Steady evolution of resolutions and laws 1948 – UN Universal Declaration of 1948 – UN Universal Declaration of Human Rights Eleanor Roosevelt with the text of the 1948 Universal Declaration Viewpoints on International Law Viewpoints on International Law – Realism – contingent on the interests of key states – Liberalism – in the interests of states to observe and expand – Constructivism – depends on international norms of the times Why Do States Obey at All? Why Do States Obey at All? •Framework for orderly conduct •Fear of sanctions or reprisals •Reciprocity •Need to legitimate state actions...
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