chapter 4 Flashcards
(41 cards)
What is the meaning of International law?
A set of rules and principles that govern relations between countries and international organizations
International law encompasses treaties, conventions, and customary practices.
What are the key components of conventional international law?
Treaties or conventions concluded between countries
These agreements are binding only on the countries that have signed them.
What is customary international law?
A set of rules accepted by states as effective law through consistent practice and recognition
It evolves over time and is recognized as binding.
Who is subject to international law?
States, international organizations, and in some cases, individuals
States’ obligations under international law can vary based on treaties and customary practices.
What is the role of Canada in the development of International environmental law?
Canada participates in international negotiations and agreements on environmental issues
This includes treaties like the Stockholm Convention.
What is ratification in the context of international law?
The agreement to the terms of an international convention by national legislatures
Ratification is necessary for the agreement to take effect.
What does the precautionary principle entail?
Decision-making to reduce or diminish risks where there is scientific uncertainty
It emphasizes caution in actions that may harm the environment.
What was the purpose of the United Nations Conference on International Organization in 1945?
To draft and sign the UN Charter aimed at preventing future world wars
This conference involved representatives from 50 countries.
What is the primary function of the International Court of Justice?
To adjudicate disputes submitted by member states
It only acts when countries have agreed to its jurisdiction.
What was the significance of the Costa Rica v. Nicaragua case?
First ICJ case to adjudicate a claim for compensation for environmental damage
Costa Rica sought compensation for losses due to Nicaragua’s actions.
What are Persistent Organic Pollutants (POPs)?
Organic chemical substances that remain intact in the environment for long periods
They are toxic and accumulate in living organisms.
What is the Stockholm Convention on Persistent Organic Pollutants?
An international legally binding agreement to address global chemical pollution
It was adopted in 2001 and entered into force in 2004.
What are the three categories of the original 12 POPs recognized by the Stockholm Convention?
Pesticides, industrial chemicals, and by-products
Examples include DDT, PCBs, and dioxins.
What is the good neighbour rule in customary international law?
Requires a state not to cause damage to the environment of another state
This principle emphasizes cooperation among neighboring countries.
True or False: Resolutions passed by the UN are considered binding international law.
False
Resolutions are not binding but can indicate emerging international norms.
What is the role of Conferences of the Parties (COPs) in environmental agreements?
Monitoring bodies for the implementation of agreements like the Stockholm Convention
They facilitate state parties’ discussions and decisions.
Fill in the blank: The _______ principle requires states to notify and consult with neighboring nations before undertaking activities that could cause harm.
duty to notify and consult
What is the relationship between international law and Canadian environmental law?
International law influences domestic law and imposes requirements on Canada
Principles of international environmental law can guide the interpretation of Canadian legislation.
What are Special Rapporteurs in the context of human rights?
Independent experts with mandates to report on specific human rights issues
They can conduct studies, visits, and report on violations.
What are some effects of Persistent Organic Pollutants (POPs) on health?
Cancer, reproductive disorders, and disruption of the immune system
Some POPs are endocrine disruptors affecting hormonal systems.
What challenges exist for human rights advocacy within the framework of the Stockholm Convention?
The substantive content does not provide room for a human rights approach
Historically, environmental agreements were seen separately from human rights.
What is the significance of the Pulp Mills decision by the ICJ?
It clarified the obligation to conduct environmental impact assessments in international law
The court emphasized the need for EIAs for transboundary activities.
What principle allows courts in Canada to interpret domestic legislation?
Principles of international environmental law
Referenced in the Spraytech decision
Who negotiates international agreements in Canada?
Federal government
