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Questions and Answers
Which of the following best describes the international legal landscape prior to 1648?
Which of the following best describes the international legal landscape prior to 1648?
What key concept was established by the Peace of Westphalia in 1648?
What key concept was established by the Peace of Westphalia in 1648?
Which of the following is a characteristic of a 'nation' as defined in the context of international relations?
Which of the following is a characteristic of a 'nation' as defined in the context of international relations?
What was a primary weakness of the League of Nations that led to its ultimate failure?
What was a primary weakness of the League of Nations that led to its ultimate failure?
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What distinguishes the period after World War II (1945-1989) from the preceding classical period in terms of international law?
What distinguishes the period after World War II (1945-1989) from the preceding classical period in terms of international law?
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Which event marked the end of the Cold War and introduced new challenges for international law?
Which event marked the end of the Cold War and introduced new challenges for international law?
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How did the Roman Empire influence the development of international law?
How did the Roman Empire influence the development of international law?
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Which of the following accurately describes the principle of pacta sunt servanda?
Which of the following accurately describes the principle of pacta sunt servanda?
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What is the primary distinction between internal and external sovereignty?
What is the primary distinction between internal and external sovereignty?
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Which of these best describes the impact of globalization on international relations?
Which of these best describes the impact of globalization on international relations?
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What is the main purpose of diplomatic immunity?
What is the main purpose of diplomatic immunity?
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What was a significant limitation of the League of Nations?
What was a significant limitation of the League of Nations?
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Why did the United States not join the League of Nations?
Why did the United States not join the League of Nations?
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Which action led to the Soviet Union's expulsion from the League of Nations?
Which action led to the Soviet Union's expulsion from the League of Nations?
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What was the main goal behind the establishment of the United Nations?
What was the main goal behind the establishment of the United Nations?
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What is the role of the UN's Security Council?
What is the role of the UN's Security Council?
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What functions are performed by the UN Secretariat?
What functions are performed by the UN Secretariat?
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What is a key responsibility of the UN Secretary-General?
What is a key responsibility of the UN Secretary-General?
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Why is the term 'UN family' used to describe some of the UN's affiliated organizations?
Why is the term 'UN family' used to describe some of the UN's affiliated organizations?
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What is the role of the Commission on Human Rights within the UN Family?
What is the role of the Commission on Human Rights within the UN Family?
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What was a major contributing factor to the League of Nation's downfall?
What was a major contributing factor to the League of Nation's downfall?
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What is the effect of the veto power within the UN Security Council?
What is the effect of the veto power within the UN Security Council?
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How did the formalization of diplomacy in the 12th and 13th centuries impact international relations?
How did the formalization of diplomacy in the 12th and 13th centuries impact international relations?
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What is the primary focus of the International Court of Justice (ICJ)?
What is the primary focus of the International Court of Justice (ICJ)?
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Which of the following is NOT a primary function of the WHO?
Which of the following is NOT a primary function of the WHO?
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What is a key principle of NATO's operation?
What is a key principle of NATO's operation?
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According to the UN Charter, under what conditions is the use of military force generally authorized?
According to the UN Charter, under what conditions is the use of military force generally authorized?
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What is the main function of NORAD?
What is the main function of NORAD?
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What does Article 51 of the UN Charter primarily address?
What does Article 51 of the UN Charter primarily address?
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What is the concept of a pre-emptive strike in the context of international relations?
What is the concept of a pre-emptive strike in the context of international relations?
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Which of the following is a criticism that has been leveled against the UN?
Which of the following is a criticism that has been leveled against the UN?
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What is a core function of traditional diplomacy?
What is a core function of traditional diplomacy?
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Which of the following is NOT a typical type of case heard by the ICJ?
Which of the following is NOT a typical type of case heard by the ICJ?
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What is the primary role of a mediator in conflict resolution?
What is the primary role of a mediator in conflict resolution?
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What does the Brahimi Report (2000) highlight with regard to UN peacekeeping efforts?
What does the Brahimi Report (2000) highlight with regard to UN peacekeeping efforts?
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What is a critical requirement for the use of military force authorized by the UN Security Council under Article 42?
What is a critical requirement for the use of military force authorized by the UN Security Council under Article 42?
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What was the primary justification used by President Bush for the 2003 invasion of Iraq?
What was the primary justification used by President Bush for the 2003 invasion of Iraq?
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What is the primary difference between diplomacy and mediation in conflict resolution?
What is the primary difference between diplomacy and mediation in conflict resolution?
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What does the 'Polluter-Pays Principle' primarily advocate for in environmental law?
What does the 'Polluter-Pays Principle' primarily advocate for in environmental law?
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How does the Canadian Fisheries Act primarily aim to conserve fish habitats?
How does the Canadian Fisheries Act primarily aim to conserve fish habitats?
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What is the significance of strict liability offences in the context of Canadian environmental law?
What is the significance of strict liability offences in the context of Canadian environmental law?
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What fundamental challenge does the interplay between Canadian federal and provincial environmental laws create?
What fundamental challenge does the interplay between Canadian federal and provincial environmental laws create?
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What primary goal did the Species at Risk Act (SARA) of 2002 aim to achieve?
What primary goal did the Species at Risk Act (SARA) of 2002 aim to achieve?
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How does the Environmental Protection Act (CEPA) primarily safeguard the environment and human health?
How does the Environmental Protection Act (CEPA) primarily safeguard the environment and human health?
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What is the essence of the 'Precautionary Principle' within the context of environmental action?
What is the essence of the 'Precautionary Principle' within the context of environmental action?
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Which international environmental agreement did Canada notably withdraw from in 2012, highlighting challenges in international commitments?
Which international environmental agreement did Canada notably withdraw from in 2012, highlighting challenges in international commitments?
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What is the primary aim of the Montreal Protocol, established in 1989, within international environmental law?
What is the primary aim of the Montreal Protocol, established in 1989, within international environmental law?
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What pivotal event prompted the establishment of the Safe Drinking Water Act in 2002 in Ontario?
What pivotal event prompted the establishment of the Safe Drinking Water Act in 2002 in Ontario?
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What is a key aspect of the Fisheries Act that emphasizes the protection of aquatic resources?
What is a key aspect of the Fisheries Act that emphasizes the protection of aquatic resources?
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Which factor was instrumental in raising awareness to environmental issues, particularly during the late 20th century?
Which factor was instrumental in raising awareness to environmental issues, particularly during the late 20th century?
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How does the Canadian Environmental Protection Act (CEPA) enable the federal government to regulate toxic substances?
How does the Canadian Environmental Protection Act (CEPA) enable the federal government to regulate toxic substances?
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Which of the following examples is an offence under the Species at Risk Act?
Which of the following examples is an offence under the Species at Risk Act?
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What does the term 'adverse effect' broadly refer to under provincial Environmental Protection Acts, as illustrated in the provided document?
What does the term 'adverse effect' broadly refer to under provincial Environmental Protection Acts, as illustrated in the provided document?
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What is the principal mechanism that underpins NATO's collective defense?
What is the principal mechanism that underpins NATO's collective defense?
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A primary criticism of collective security systems like NATO is that they may lead to what?
A primary criticism of collective security systems like NATO is that they may lead to what?
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What was the central finding of the Brahimi Report regarding UN peacekeeping operations?
What was the central finding of the Brahimi Report regarding UN peacekeeping operations?
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What is the primary purpose of the International Criminal Court (ICC)?
What is the primary purpose of the International Criminal Court (ICC)?
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Which event served as one of the historical precedents for the concepts and trials conducted by the ICC?
Which event served as one of the historical precedents for the concepts and trials conducted by the ICC?
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What is the core intention behind the Geneva Conventions?
What is the core intention behind the Geneva Conventions?
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When did the International Criminal Court (ICC) jurisdiction become effective, allowing it to prosecute crimes?
When did the International Criminal Court (ICC) jurisdiction become effective, allowing it to prosecute crimes?
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Which of the following scenarios best reflects the challenges posed by power dynamics in mediation?
Which of the following scenarios best reflects the challenges posed by power dynamics in mediation?
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What distinguishes collective defense from general collective security arrangements?
What distinguishes collective defense from general collective security arrangements?
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What was a significant criticism directed at UN peacekeeping operations, particularly highlighted by the Brahimi Report?
What was a significant criticism directed at UN peacekeeping operations, particularly highlighted by the Brahimi Report?
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How did the establishment of the ICTY and ICTR contribute to international law?
How did the establishment of the ICTY and ICTR contribute to international law?
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What is a major concern regarding the scope of the International Criminal Court's (ICC) jurisdiction?
What is a major concern regarding the scope of the International Criminal Court's (ICC) jurisdiction?
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Which specific populations are addressed as requiring protection under the Geneva Conventions?
Which specific populations are addressed as requiring protection under the Geneva Conventions?
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How did the US's decision to withdraw from the Rome Statute affect the ICC?
How did the US's decision to withdraw from the Rome Statute affect the ICC?
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Which of the following statements accurately describes a key influence on the evolution of international law regarding war crimes?
Which of the following statements accurately describes a key influence on the evolution of international law regarding war crimes?
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Study Notes
Era 1: Pre-1648
- International law was not formally recognized; civilizations operated independently.
- Greek City-States (500-100 BCE) established early hospitality norms.
- The Roman Empire (27 BCE-476 CE) introduced universal laws, including humanitarian aid.
- The Silk Road (600-1200 CE) facilitated trade and treaties, marking early cooperation.
- The Mongol Empire (1206-1368 CE) developed diplomatic relationships.
Definition of a State vs. Nation
- A State is a self-governing political entity; there are 195 recognized states today.
- South Sudan (2011) is the most recent.
- Examples include Bermuda and Puerto Rico (territories).
- A Nation is a cultural group sharing language and history (e.g., Japan, Germany).
- Some nations (e.g., Quebecers) lack statehood; others (e.g., Kurds) have both national and state identities.
Era 2: 1648 to 1945
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The Peace of Westphalia (1648) established the modern state system and territorial sovereignty.
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Key principles: state sovereignty, legal equality of states, and pacta sunt servanda.
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International matters were localized before WWI, limiting international agencies.
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The League of Nations (1919) aimed to promote peace.
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Weaknesses included: lack of enforcement power and absence of key member states, leading to failure in preventing WWII.
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Woodrow Wilson's Fourteen Points emphasized open covenants and freedom of the seas.
Era 3: 1945 to 1989
- WWII ended, marking a new era in international law, influenced by the Cold War and the UN.
- Individual rights and humanitarian law advancements became prominent.
- State sovereignty eroded; international cooperation increased.
Era 4: Post-1989 to Present
- The fall of the Berlin Wall (1989) ended the Cold War, introducing new challenges for international law.
- Globalization and environmental regulation emerged as significant issues.
- Global terrorism and new technologies reshaped international law and cooperation.
Key Concepts in International Law
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Sovereignty:
- Internal: Supreme ruler power over subjects, including law-making authority.
- External: Right to engage in relationships with foreign states (e.g., trade agreements).
- The concept has evolved, recognizing interdependence and cooperation.
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Globalization:
- Integrates production, marketing, and finance, increasing national economic interdependence.
- Creates worldwide social connections; local events are influenced by global issues.
- Key areas for cooperation are environmental protection and human rights (e.g., Universal Declaration of Human Rights, 1948).
- Diplomatic Immunity: Protects diplomats and families from prosecution in host countries. Includes government employees (ambassadors, attachés). The Canadian Department of Foreign Affairs oversees the diplomatic corps.
The League of Nations
- Formation and Purpose: Established in 1919 after WWI to maintain peace. Effectiveness was limited; it failed to prevent WWII.
- Key Permanent Members: UK, France, Italy, and Japan.
- Membership/Withdrawal: Germany joined in 1926 and withdrew in 1933. Soviet Union was expelled in 1939.
- Challenges and Failures: Inability to address aggression and maintain peace led to its 1946 dissolution. Weaknesses included lack of enforcement mechanisms.
The United Nations
- Establishment and Structure: Formed in 1945 by WWII victors to prevent future conflicts and promote international cooperation.
- Membership: 193 member states, 2 observer states.
- Structure: General Assembly, specialized agencies (UNICEF, WHO), Security Council (5 permanent, 10 non-permanent members).
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Functions and Controversies: Maintain peace, foster relations, address social and economic issues.
- Controversies: veto power of permanent members, influence of major powers.
- Challenges include geopolitical tensions and differing national interests, especially in the Security Council.
The Secretariat
- Staff: Approximately 7,500 from 170 countries, involved in administration, peacekeeping, and humanitarian efforts.
- Diversity reflects the global nature of the UN.
- Led by the Secretary-General, who manages and directs UN work.
The Role of the Secretary-General
- Historical example: Kofi Annan (Ghana, 1997-2006).
- Responsibilities include peacekeeping, mediating, promoting human rights, and setting the UN's agenda.
- Implements General Assembly and Security Council decisions.
Specialized Agencies and Their Functions
- The UN "family" includes organizations like the Commission on Human Rights and the World Health Organization (WHO).
- WHO (1948): Promotes global health, manages disease control programs, enhances worldwide quality of life; crucial in global health emergencies.
The International Court of Justice (ICJ)
- Functions and Jurisdiction: Settles disputes between member states; provides advisory opinions. Participation is voluntary but decisions are binding once accepted. Deals with state-to-state disputes, not individual citizens.
- Types of Cases: Fishing rights, boundary disputes, reparations. Examples include: United Kingdom v. Iceland (1974), Cambodia v. Thailand (1962).
Challenges and Criticisms of the UN
- Goals: Prevent future wars, promote peace.
- Accusations: "Expensive debating club," bureaucratic inefficiencies, inadequate peacekeeping efforts (e.g., the Brahimi Report, 2000, highlighting abuse and exploitation).
Peaceful Resolution of Disputes
- UN Charter encourages peaceful dispute resolution (Articles 2(3) and 33).
- Methods: Diplomacy, mediation, conciliation, arbitration.
- ICJ plays a crucial role.
Military Alliances and Their Impact
- NATO and NORAD: Canada is a member of both. NATO (1949) is a collective defense alliance (attack on one member is an attack on all). NORAD (1985) focuses on aerospace/maritime warning and controls (primarily US and Canada).
Use of Military Force Under International Law
- UN Charter prohibits force except in self-defense (Article 51) or with Security Council authorization (Article 42).
- Historical examples: UN's response to North Korea (1950) and Iraq (1990). Iraq invasion of 2003 raised legality questions.
Pre-emptive Strikes and International Law
- Pre-emptive strikes are military actions without direct provocation.
- Iraq War (2003) justification raised legal concerns due to lack of Security Council approval.
The Role of Diplomacy and Mediation
- Traditional Diplomacy: Negotiation and dialogue to resolve conflicts peacefully; effective diplomacy prevents military conflict and fosters cooperation. Camp David Accords (1978) are a historical example.
- Mediation: Neutral third party facilitates conflict resolution between parties. Mediation promotes dialogue and reduces escalation risk.
Security Alliances and Collective Defense
- NATO Formation: Established in 1949 to counter Soviet Union threat. Collective security principle (an attack on one member is an attack on all).
- NATO's involvement in conflicts, expansion, and criticisms/concerns about its role and effectiveness and tensions with Russia.
The Role of the United Nations in Peacekeeping
- UN Peacekeeping Missions: Initially not explicitly mentioned in the charter but became vital.
- First mission was in 1948 (Kashmir, Palestine). Missions maintain peace in post-conflict areas; effectiveness varies and faces criticism regarding neutrality and protection of civilians. Brahimi Report (2000) provided recommendations for improvement.
The International Criminal Court (ICC) and War Crimes
- Establishment and Jurisdiction: Formed in 2002 (Rome Statute) to prosecute individuals for genocide, war crimes, and crimes against humanity. Jurisdiction over crimes committed after July 2002.
- Challenges and Criticisms: Independent of UN but collaborates; terrorism and drug trafficking excluded; US withdrawal highlighted tension between national interest and international obligations; effectiveness contested.
Geneva Conventions and International Criminal Court
- Geneva Conventions: Four treaties (1864, revised 1949) for humane treatment during war; govern treatment of civilians and soldiers. Cornerstone of international humanitarian law.
- ICC: Prosecution of individuals for serious crimes; jurisdiction over genocide, war crimes, and crimes against humanity.
Canadian Environmental Law
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Canadian environmental law: A patchwork of federal and provincial laws.
- Federal statutes: Fisheries Act (1868), Environmental Protection Act (CEPA, 1988), Species at Risk Act (2002). Strict liability offences are common, focusing on the act not necessarily intent.
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Provincial environmental laws: Examples for diverse approaches, as in the case of the Safe Drinking Water Act (2002).
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Environmental principles: Precautionary principle, polluter-pays principle, toxic substances regulation.
International Environmental Agreements
- Multilateral Environmental Agreements (MEAs): Over 250 MEAs exist on varying environmental issues emphasizing importance of international cooperation.
- Key International Protocols: Montreal Protocol (1989) for ozone layer protection, Kyoto Protocol (1997) for greenhouse gas reduction, and various other specific environmental agreements. Canada’s withdrawal from the Kyoto protocol (2012) exemplifies complexities.
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Description
Test your knowledge of international law and relations with this quiz. Explore key concepts established by historical events and understand the evolution of legal frameworks affecting nations from the Peace of Westphalia to the Cold War. Challenge yourself with questions about sovereignty, globalization, and the role of organizations like the League of Nations.