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law and security lectures notes 21/22

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complete lecture notes for online final, includes both iPad- hand written taken notes and computer typed notes. I have also other documents and notes, feel free to write me on insta if u like ( definitions, courselabs, past exams preparations and possible questions). @Alessandramauri__

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  • October 31, 2022
  • 49
  • 2021/2022
  • Class notes
  • Silvia d'amato
  • All classes
avatar-seller
Lectures
taus set
of legal rules that governs
the way members of
towards another
a
society act one

-

behavioral codes that guide ppl into actions that
conform to societal expectations
interior norms them automatic
might some → make

D duel not normal
? ex is a
what accepted behavior
-




is behavior anymore

norms supported by codified social sanctions
* law -_
political product → they're not just about sanctions
political social
consequences
-




DIFFERENT SOURCES OF LAW

Ethene changed through history
summery constant
MORE
-
constitutions = AMST important national source f few DIFFICULT To

legislations [nationals Chisora
-



__
international
-
general admin#
decisions.




-
international treaties ( binding)
-
recognized custom
JUDGE
- case law / Jurisprudence ( active role
of judiciary -
☐ could
)
-


religious text implement


DIFF .
LEGAL SYSTEMS



dff.co?gce-pts
-

countries base law on




-
c. uh & common law
religious
-
law
-

customary law
-



thrived law

, customer
set of norms Unwritten →
pass from generation to generation
flexible ,
less formal ,
based on rcnltere
RECIGUOS LAW beliefs history
less flexible, rel
.
Ebooks , only how society is
governed
Civil LAW Colllbn LAW

germanic tradition unwritten case law based
precedents
-

romano -

on

* later historical heritage
-



anglo-american Rbigger role of
-


codified legal texts + scholars tv.se - es Jurisprudence
ccoss-pa- ion


DIFFERENT LEVELS OF LAW



NmorrxLAW_ You can't INTERNAT- and LAW
-
internal domestic affairs I beyor
ruled " "°"
-


nationally produced Your related STATE -
OTHER SUBJECT domestic
consequences
-
relate to notion bet *

-


STATES FREELY AGREE

-
territory
behavior of individuals
day
,
-




,
external
,µ µ
affairs of state
court system based
a


on treaties
law enforcement protect international law enforcement
-



system
-


no




?⃝

, - Conditions that allow a
state to refuse cooperation in
legal-legitimate way
o Not reaching multilateral
and bilateral agreement




They can either be generic or specific
- Sovereignty
o Very generic, it refers to possibility of a stat to not cooperate in a sense that that
cooperation would not respect the sovereignty of that country
- Double criminality
o A crime has to be recognized as such in more countries
o U may refuse cooperation if a country is asking for information in regards to a crime that it’s
not recognized as such within your legal system
o Ex. homosexuality à in some countries considered a crime. The Netherlands may refuse to
cooperate in the extradition process of a person on the basis of homosexual accusations
§ Crime recognized in both
- Ne bis in idem
o U can refuse cooperation in case that person ha salready been convicted for that crime
§ Protection exists in many systems to avoid double sentences
• Unless there are new evidences
• Diff case law may
- Out there to protect the interests of requested state
Interests of individual
- Human rights à right to be tried without reasonable delay, to fair trial, impartial court, to timely
access case documents, examine witnesses, privacy
o In case State A, believe info send to B not respect rights country A may refuse cooperation
Legal advantages
- Cooperation in wide scope
Legal disadvantages
o Different crimes world wide
- Slow and indirect
§ Materially
- Dependent on variety of variables
§ Geographically
o Not to take for granted

Example à Soering vs UK case 1989

- Moved to US, Soerin german,
o They flee US for being found guilty of murdering her parents, moved to uk, get arrested for
fraud à authority discover there were a case in the US; who ask the extradiction
§ Elizabeth been a US citizens was easily extradicted, but Soering, being a german,
opposed the decision by UK court
• Went through all judgemental levels and submitted case to ECtHR àon the
grounds that if extradicted back to US, if found guilty

, /
international Court

+ court
system cess, # 4¥ difficult
(
__ no international sovereignty

TRIED BUT WEAK PART

To no international
POLICE FORCE
tseaa




| |
CITIZEN
STATE

' '→ Err PRIVATE LAW PUBLIC LAW


INTERNAT .
LAW
that
STATE Public LAW include basic concepts of states
international.sed
diff . cultures have been


Delusions of international LAW
INTERNAT- HUMAN ROUTS Lsw
oNsL[
-




HUMANITARIAN CAN


INTERN .
HUMAN .
RIGHTS 1pm
'




* parts of international law that deals In PEA_cE
* system of protection during NorAcE
* states freely design to sign treaties → states are not bounded
so
statesagree to
abide them
nationally


Errr-%aE-IErtnat.sn
to comply
to
-
5 promise respect


= set of norms that regulate
CONFLICT



How -


WHY -5 use force
* AD BELLUM = law toward war

* use of force ca conflict
* USE IN BELLUM = law within war




key Text Geneva Convention

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