Global Issues: International Law & Justice International Migration Broncano, Jouros Dela Cruz, Princess Ivy Fabros, Wilson Jr. Mangulab, Aryhane Jyne Viloria, Francine Cassandra THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) International Law & Justice International Law • It is a set of rules and principles governing the relations and conduct of sovereign states with each other, as well as with international organizations and individuals • The international law is enshrined in conventions, treaties and standards. Many of the treaties brought about by the United Nations form the basis of the law that governs relations among nations. Two Grounds of Law Private International Law • examines relationships between nations and the rules that are binding upon countries in the international community. It also governs the relationship between states and international entities. Public International Law • concerns disputes individuals or businesses (not nations) in situations where the law of more than one nation may apply. United Nations Charter • The Charter of the United Nations specifically calls on the Organization to help in the settlement of international disputes by peaceful means, including arbitration and judicial settlement (Article 33), and to encourage the progressive development of international law and its codification (Article 13). The General Assembly as a Forum for Adopting Multilateral Treaties • The General Assembly is composed of representatives from each UN Member State and is the main deliberative body on matters relating to international law. The General Assembly as a Forum for Adopting Multilateral Treaties includes: • • • • • • • • • • Convention on the Prevention and Punishment of the Crime of Genocide (1948) International Convention on the Elimination of All Forms of Racial Discrimination (1965) International Covenant on Civil and Political Rights (1966) International Covenant on Economic, Social and Cultural Rights (1966) Convention on the Elimination of All Forms of Discrimination against Women (1979) United Nations Convention on the Law of the Sea (1982) Convention on the Rights of the Child (1989) International Convention for the Suppression of Acts of Nuclear Terrorism (2005) Convention on the Rights of Persons with Disabilities (2006) Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2008) THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) The International Law Commission • • • Established by the General Assembly in 1947 to promote the progressive development of international law and its codification. The Commission is composed of 34 members The International Law Commission Convention Examples include: • • • • Convention on the Non-navigational Uses of International Watercourses, adopted by the General Assembly in 1997; Convention on the Law of Treaties between States and International Organizations or between International Organizations, adopted at a conference in Vienna in 1986; Convention on the Succession of States in Respect of State Property, Archives and Debts, adopted at a conference in Vienna in 1983; Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly in 1973. The International Humanitarian Law International humanitarian law encompasses the principles and rules that regulate the means and methods of warfare, as well as the humanitarian protection of civilian populations, sick and wounded combatants, and prisoners of war. Major instruments include the 1949 Geneva Convention for the Protection of War Victims and two additional protocols concluded in 1977 under the auspices of the International Committee of the Red Cross. Central subsets of international law - • International economic law is the foundation upon which the world economy is built. It is the regulatory framework that governs how countries, organizations, and businesses operate in the international economic arena. typically takes the form of treaties. these treaties are often negotiated between countries. International security law - - focuses primarily on collective security measures involving both military and non-military activities against both traditional and non-traditional security threats. supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) • International criminal law - - • International environmental law - • consists of principles and rules that govern the conduct and privileges of diplomats involved in international relations. International humanitarian law - - • refers to the body of legal principles, rules, and agreements that govern the relationship between states and the environment on a global scale. its purpose is to establish a framework for addressing environmental issues and challenges that transcend national boundaries. Diplomatic law - • codifies a body of law that defines international crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression, as well as the procedures to be applied before international courts and tribunals. deals with international crimes: i.e., war crimes, crimes against humanity, genocide and potentially, aggression. is a set of rules and principles that aim to limit the effects of armed conflict and protect individuals who are not or no longer participating in hostilities. its purpose is to regulate the conduct of armed conflicts, maintain a degree of humanity even in times of war, and reduce the suffering caused by armed conflict. applies to both international armed conflicts, which are conflicts between countries, and non-international armed conflicts, which are conflicts within the borders of a single country. International human rights law - - encompasses the principles and rules that regulate the means and methods of warfare, as well as the humanitarian protection of civilian populations, sick and wounded combatants, and prisoners of war. its purpose is to guarantee the respect, protection, and fulfillment of the inherent dignity and worth of every human being. THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) International Law & Justice International Justice • Holding people accountable for major crimes that violate international law, such as war crimes, crimes against humanity, genocide, and violence, is the subject of international justice. Four Principal Sources of International Law (ARTICLE 38 OF THE SICJ) Article 38 of the Statute of the International Court of Justice lists four principal sources of international law: • Conventions/treaties - - • Customary law - • refers to international obligations arising from established international practices, as opposed to obligations arising from formal written conventions and treaties. General principles of law - • are formal, legally binding agreements between states (or international organizations) that establish rules, obligations, and rights in various areas of international relations. are to establish clear rules, norms, and standards for international behavior, promote cooperation among states, and provide mechanisms for dispute resolution. refers to a set of fundamental legal principles that are recognized as common to most legal systems around the world. to provide a foundational framework for the development and application of legal norms, ensuring that legal systems and international law are just, fair, and consistent. Judicial decisions/scholarly articles - are the written rulings and opinions issued by courts and judges in response to specific legal disputes or cases. are written works authored by legal scholars, academics, practitioners, or experts in the field of law. These articles are typically published in law journals, legal reviews, and academic publications. International Court of Justice • • • Also known as the World Court Was founded in 1946 The Court has considered over 170 cases THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) International Criminal Court (ICC) The ICC is an independent judicial body that investigates and prosecutes individuals responsible for the most serious crimes of concern to the international community. has jurisdiction to prosecute individuals who commit genocide, war crimes and crimes against humanity. It will also have jurisdiction over the crime of aggression when an agreement is reached on the definition of such a crime. The ICC is legally and functionally independent from the United Nations, and is not a part of the UN system. The International Criminal Court has 18 judges. Issues Amnesty International’s 2009 World Report and other sources show that individuals are: • • • • • • • Tortured or abused in at least 81 countries Face unfair trials in at least 54 countries Restricted in their freedom of expression in at least 77 countries An estimated 6,500 people were killed in 2007 in armed conflict in Afghanistan— nearly half being noncombatant civilian deaths at the hands of insurgents. Hundreds of civilians were also killed in suicide attacks by armed groups. In Brazil in 2007, according to official figures, police killed at least 1,260 individuals—the highest total to date. All incidents were officially labeled “acts of resistance” and received little or no investigation. In Uganda, 1,500 people die each week in the internally displaced person camps. According to the World Health Organization, 500,000 have died in these camps. Vietnamese authorities forced at least 75,000 drug addicts and prostitutes into 71 overpopulated “rehab” camps, labeling the detainees at “high risk” of contracting HIV/AIDS but providing no treatment. Why it is considered as global issue? • • • • • • • Peace and Security - International law and justice play a crucial role in maintaining peace and security at the global level. Trade and Commerce- International trade and commerce rely on the rule of law to function smoothly. Human Rights and Humanitarian Concerns- International law addresses critical human rights issues at the global level, safeguarding the fundamental rights and dignity of individuals worldwide. Global Interconnectedness - International law helps regulate interactions between nations and maintain global order. Transboundary Issues - International agreements, conventions, and treaties provide a mechanism for countries to collaborate in addressing such challenges. Global Governance and Rule of Law - International law establishes a framework for global governance and promotes the rule of law. Environmental Protection - International justice mechanisms can hold countries accountable for their actions or inactions that harm the global environment THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) INTERNATIONAL MIGRATION International migration refers to the movement of people from one country to another for the purpose of residing or working in the destination country. • Population Division of the United Nations Department of Economic and Social Affairs (UNDESA) As of 1 July 2020, the global number of international migrants was estimated to be 281 million. International migrants comprise some 3.5 per cent of the global population, compared to 2.8 per cent in 2000 and 2.3 per cent in 1980. Who is an international migrant? The United Nations defines an international migrant as any person who has changed his or her country of residence. This includes all migrants, regardless of their legal status, or the nature, or motive of their movement. In December 18 2000 has proclaimed by the General Assembly as International Migrants Day. Migrants and the SDG SDG target 10.7 calls on countries to “facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies”. International Organization for Migration (IOM) • • • • Established in 1951 IOM is the leading inter-governmental organization in the field of migration. IOM works to ensure the orderly and humane management of migration, to promote international cooperation on migration issues, to assist in the search for practical solutions to the challenges of migration and to provide humanitarian assistance to migrants in need, including refugees and internally displaced people. The IOM operates various programs and initiatives globally, such as; - Assisted Voluntary Return and Reintegration (AVRR) - which helps migrants who wish to return to their home countries Migration Data Portal - which provides access to a wealth of migrationrelated data and information. Data on Migration Population Division 2020 International migrants worldwide – reached 281 million. Female migrants -48 per cent of international migrants. Almost three out of four international migrants were aged between 20 and 64 years, (41 million) international migrants were under the age of 20) Most international migrants reside in Asia and Europe (31% each), followed by Northern America (21%), Africa (9%), Latin America and the Caribbean (5%) and Oceania (3%). THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh) Why it is considered as global issue? • • • • • Human Rights Concerns- The rights and well-being of migrants are often a concern in the international community. Economic impact - International migration can have a significant impact on both the countries of origin and the destination countries. Social challenges - International migration can lead to social challenges in destination countries, such as cultural diversity, integration, and social cohesion. Political implications - Migration can have political implications, as it often becomes a topic of debate and can fuel nationalistic sentiments. Global perspective - it transcends borders and affects countries on a larger scale. References https://www.un.org/en/global-issues/international-law-andjustice?fbclid=IwAR3jpPfbk6m2pvPCmuD28Ii2bWxBXPPVqllFarlDzvUquHkJ9XgAQ10_ mfs https://thebusinessprofessor.com/en_US/global-international-law-relations/what-ispublic-and-private-international-law https://www.humanrights.com/what-are-human-rights/violations-of-human-rights/ https://www.un.org/en/globalissues/migration?fbclid=IwAR2n8k6_hasCubqk_bBpEbGB6nNC5FkV7AG_Y8ntlxeEACo zrWtZnFBwVbI https://www.imf.org/en/Blogs/Articles/2015/11/11/migration-a-global-issue-in-needof-a-global-solution https://www.iom.int/sites/g/files/tmzbdl486/files/jahia/webdav/site/myjahiasite/shar ed/shared/mainsite/activities/regulating/AVRR-Leaflet-Jan-2011.pdf https://www.migrationdataportal.org/#:~:text=The%20Portal%20aims%20to%20ser ve,information%20about%20migration%20data%20globally. THE CONTEMPORARY WORLD 7:00-8:30 AM (TTh)
