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waters of northern Alaska. The Northwest Passage dispute is limited to the issue of sovereignty in the
passage which concerns the regulatory regime governing international shipping. Straight baseline
method (by UNCLOS) was used to calculate territorial area, giving Canada the determination of their
territory that considered the NWP waterways as internal Canadian waters. This would mean that
Canada has the right to unilaterally pass legislations and impose regulations on all Canadians and
foreigners on the passages ice and water. The US, along with other EU countries and Japan claims on
the other hand that the passage is used for international navigation. The US also reinforced the ICJs
consideration of the NWP as an international strait connecting the two high seas, Atlantic Ocean and
Pacific Ocean.
refugees as stateless persons
7 Stateless in the absence of nationality, whereby an individual is generally a refugee lacking the
international protection afforded by a legal connection with any particular State. The United Nations
High Commission on Refugees is the agency mandated to lead and coordinate international action to
protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights
and well-being of refugees and is so mandated to help stateless people.
The Southeast Asian region has been hosting large numbers of refugees for decades and become the
home of many minority refugees. It lack however, strong legal frameworks for protection of refugees
and resulted to their treatment as nonentities of the state and subject to many abuses. Due to the
complex mix-migration context, States interests relating to national security and maintenance of good
relations with neighbors constrain refugee protection and access to asylum.
International rule on illegal trade of cultural objects
8 The key agreements that deal with the illegal trade of cultural objects include the 1970 UNESCO
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of
Ownership of Cultural Property. It aims to prohibit and prevent such trades for the reason that these are
the leading causes of the loss of cultural heritage. Several federal legislations had been drafted citing
this convention. The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects on the
other hand, establishes legal rules for the restitution or return of cultural objects to their countries of
origin. The UNESCO Intergovernmental Committee serves as an advisory capacity within a framework
for discussion and negotiation in bilateral negotiations relating to the restitution of cultural material.
The International Law Associations 2006 Draft Principles for Cooperation in the Mutual Protection and
Transfer of Cultural Material guides the process of intervention between conflicting parties to promote
reconciliation, settlement, or compromise.
weaponization vs militarization of outer space
9 The UN Outer Space Treaty provides a basic framework on international space law, saying that space is
beyond national jurisdiction aand should be reserved for peaceful uses. The Prevention of Outer Space
Arms Race is the UN resolution that reaffirms the fundamental principles of the 1967 Outer Space Treaty
and advocates for the ban on weaponization of space, generally understood as the placing in orbit of
space-based devices that have a destructive capacity. This suggests that space is developed as a
destructive weapon for war. What the United States envisions on the other hand is the militarization of
space, dominating the space dimension of military operations to protect US interests and investments.
International Atomic Energy Agency (IAEA)
10 The International Atomic Energy Agency monitors operation of nuclear reactors and other facilities
by nonnuclear weapon states. It provides credible assurance to the international community that
nuclear materials are not diverted from peaceful nuclear uses. IAEA can request a party to remedy non-
compliance and refer violations to the UN Security Council and the General Assembly. It can also impose
specific penalties such as suspension of assistance, privileges and rights. It employs negotiation first.
When this fails, the matter is referred to the ICJ, unless the parties to the dispute agree on another
method of resolution.
Right to self-determination
11 Self-determination refers to the right of an indigenous population to choose self-governance or some
related form of autonomy. The people within the effected territory acquire the right to govern
themselves free of another States control. The Article 1 of the ICCPR and ICESCR states that all peoples
have the right to self-determination. By virtue of their right, they freely determine their political status
and freely pursue their economic, social, and cultural development. There three aspects of Selfdetermination: 1) external, people determine their international political status 2) first internal, right of
all people to be complete masters of their own territory is recognized and 3) second internal, right of all
people to choose their political institutions, representatives and to participate in the process of
governance. The primary aspect of self-determination that Quebec and the Basque Country are claiming
for is external.
International Criminal Court
12 The International Criminal Court is a permanent institution established to prosecute individuals
committing the most serious crimes of international concern in four areas as granted under the Article 5
of the Rome Statute, namely genocide, crimes against humanity, crimes of aggression and war crimes.
ICCs goal and function is inclined with the ICTY and the ICTR. The Court can only exercise its jurisdiction
in three given cases: 1) if the accused is a national of a state party, 2) if the alleged crime took place on
the territory of a state party, and 3) if a situation is referred to the Court by the UN Security Council.
Charles Taylor was the first former head of state to be convicted in the ICC.
War crimes
?
International humanitarian law in non-international armed conflict
13 International Humanitarian Law is a set of rules which seek for humanitarian reasons, to limit the
effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities
and restricts the means and methods of warfare.
Non-international armed conflict is restricted to the territory of a single State involving either regular
armed forces fighting of armed dissidents, or armed groups fighting each other. More limited range of
rules applies to internal armed conflicts. As laid down in Article 3 common to the four Geneva
Conventions as well as in Additional Protocol II, when a foreign State extends its military support to the
government of a State within which a non-international armed conflict is taking place, the conflict
remains non-international in character. Conversely, should a foreign State extend military support to an
armed group acting against the government, the conflict will become international in character.
International norms regarding conduct of states/individuals in cyber space
14 There is no existing wide consensus on the norms covering the conduct of states and individuals in
cyberspace. Only multilateral treaties, agreements, and declarations were signed by states in an effort
to govern actions in the cyberspace. Regional organizations such as the North Atlantic Treaty
Organization and the Shanghai Cooperation Organization nevertheless have developed their own
cyberspace programs.