Looking for Interna.onal Law

Transcription

1 Looking for Interna.onal Law 1. Interven*on as a law- making context 2. Natural law Canadian Charter of Rights and Freedoms 3. Posi*ve law 4. Law of na*ons 5. The Hainan Incident Chicago Conven*on on Interna*onal Civil Avia*on, 1944 The UN Conven*on on the Law of the Sea,

2 2. Natural law rules that are considered part of human nature. examples: keeping a promise defending oneself agreeing not to harm others Huig de Groot (Gro*us), De jure praedae (On the law of prize), wriren : 9 rules and 13 laws 2

3 Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably jus*fied in a free and democra*c society. 3

4 Canadian Charter of Rights and Freedoms 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communica*on; (c) freedom of peaceful assembly; and (d) freedom of associa*on. 4

5 Canadian Charter of Rights and Freedoms Democra9c rights 3. Every ci*zen of Canada has the right to vote in an elec*on of members of the House of Commons or of a legisla*ve assembly and to be qualified for membership therein. 5

6 4. Law of na.ons Huig de Groot, De jure praedae (On the law of prize) John Selden, De jure naturali et gen9um (On the law of nature and the law of na*ons), published 1640 does (how does) interna*onal law exist? conven*ons 6

7 Hainan Island Incident 1 April 2001 Mission PR32 April 1,

8 1 April 2001 Mission PR32 April 1,

9 Wang Wei, photo released in 2014 on the 13 th anniversary of his death Shane Osborn, taken during his run for Republican senate nomina*on in Nebraska in

10 19 August 2014 Mission PR32 April 1, 2001

11 Chicago Conven.on on Interna.onal Civil Avia.on, 1944 Ar.cle 1 The contrac*ng States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. 11

12 Chicago Conven.on on Interna.onal Civil Avia.on, 1944 Ar.cle 1 The contrac*ng States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. Ar.cle 2 For the purposes of this Conven*on the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protec*on or mandate of such State. 12

13 Chicago Conven.on on Interna.onal Civil Avia.on, 1944 Ar.cle 3 (a) This Conven*on shall be applicable only to civil aircrac, and shall not be applicable to state aircrac. (b) Aircrac used in military, customs and police services shall be deemed to be state aircrac. (c) No state aircrac of a contrac*ng State shall fly over the territory of another State or land thereon... 13

14 Chicago Conven.on on Interna.onal Civil Avia.on, 1944 Ar.cle 5 Each contrac*ng State agrees that all aircrac of the other contrac*ng States, being aircrac not engaged in scheduled interna*onal air services, shall have the right... to make flights into or in transit non- stop across its territory... without the necessity of obtaining prior permission... 14

15 Sovereignty claim of the People s Republic of China Source: BBC 15

16 The U.N. Conven.on on the Law of the Sea, 1982 Ar.cle 2 1. The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 16

17 The U.N. Conven.on on the Law of the Sea, 1982 Ar.cle 2 1. The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 17

18 The U.N. Conven.on on the Law of the Sea, 1982 Ar.cle 2 1. The sovereignty of a coastal State extends beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea. 2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. 3. The sovereignty over the territorial sea is exercised subject to this Conven*on and to other rules of interna*onal law. 18

19 Ar.cle 3 Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nau*cal miles, measured from baselines determined in accordance with this Conven*on. 19

20 Ar.cle 3 Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nau*cal miles, measured from baselines determined in accordance with this Conven*on. Ar.cle 55 The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdic*on of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Conven*on. 20

21 Ar.cle 17 Subject to this Conven*on, ships of all States, whether coastal or land- locked, enjoy the right of innocent passage through the territorial sea. Ar.cle Passage is innocent so long as it is not prejudicial to the peace, good order to security of the coastal State. ƒ 21