Law ISU January 2014
CLN 4U Culminating Activity
International Law Arguments
Albert Campbell Collegiate Institute
15% of Overall Mark Due: Thursday, January 16 Mr. Koeller
You are the lawyer for one of two countries in conflict with each other over an international legal matter, based on the International Court of Justice (ICJ) cases from past to present. You will follow the required questions below with the position paper being the arguments you would make if you were representing one of the specific countries for a specific issue. It doesn’t matter what the outcome was in reality and should not influence what you would say if you are the lawyer arguing the case. In summary here are the main parts you need to complete.
1. Research the main background information about the case and write it in your own words. No opinions in this part.
2. You will prepare a position paper as the lawyer to explain why the International Court of Justice judges should agree with your point of view. You will write from the point of view of one of the two countries involved in the dispute.
3. You will explain a related international treaty connected to the case, whether directly or indirectly.
The cases can be chosen from international disputes at:
You can either write/present your findings on your own or with a partner who will take the opposing country to ensure no duplication. Once you have chosen a topic you will email me at [email protected] and I will update the webpage to show who has taken the topics.
Information. 1 page. Provide the background information of the conflict or
issue. Explain the events, people and countries that are involved from long
before the actual conflict up until the time that two parties are disputing
over this aspect of international law.
Knowledge 15 marks Communication 10 marks
- Position Paper. 1-1.5 pages. State your countries' viewpoint about the conflict as if you are trying to convince the International Court of Justice why you feel they should weigh the decision about the issue in your favour. What would you like to happen for this issue to be resolved?. Explain clearly what you think is the right decision about the dispute. Part of this can include the impact the decision or the issue itself has on the people from your country. Thinking 20 marks Communication 10 marks
- Explanation of related International Laws connected to the issue. 1 page or more. Explain how one international treaty or agreement or set of laws relates to your topic directly or indirectly. It may either be a treaty that is the result of the conflict you are researching or it may be a set of laws or treaties that help to cause the conflict or a set of laws that can be used to help solve the conflict or a set of laws that may have been made a long time before and had no obvious connection to the conflict you are doing but may be used to clarify the issue. An example is: Geneva Convention for Prisoners of War is a set of laws made for the protection of all prisoners of war during war. If one was researching the conflict or question of whether the Japanese emperor should be charged with crimes against humanity, this would be one relevent set of laws that should be discussed since it helps define how Japan as a country seemed to have broken international law during WW2 and could form the basis of why the emperor may be responsible for this. Another eg. can be the fisheries treaty between Canada and the U.S. to help solve the salmon issue or perhaps one of the treaties in the past is what only helped to cause further conflict. Either way, you need to describe and explain how a set of international laws or agreements or treaties is connected to the conflict. Thinking 15 marks
Apartheid in South Africa
1. Explain what apartheid was and when it occurred? (3)
2. Explain five major laws under apartheid? (10)
3. How or why did it begin in the first place? (3)
4. Explain how a minority group of people were able to control the majority? (4)
5a) What are four of the cultural/racial groups of South Africa? (4)
b) Explain how each of them were treated during the years of apartheid. (4)
6. What do the following political groups basically stand for in terms of their main ideas or actions: (10)
a) I.F.P. b) A.N.C. c) N.P. d) A.W.B. e) P.A.C.
1. Explain the contributions, roles and characteristics of Nelson Mandela from the 1940’s to the present. How has he helped South Africa at different times to develop into a stronger country even when he was in prison? (10)
2. Why was Steve Biko so important for the psychological development of Africans during apartheid? What did he succeed in doing while he was alive? (4)
3. Using the different political parties or movements in question 6 above, explain the difficulties that must have occurred in trying to get these groups to discuss a common constitution. (4)
4a) What did you learn from the movie Cry Freedom? Explain at least three important ideas you learned about him, South Africa, apartheid or racism in general by watching the film. (9)
b) Did you enjoy the film? Why or why not? (5)
5. What is one major issue South Africa has to now deal with and does it have anything to do with apartheid? Explain what it is. (5)
Constitutional debates (Bill 101, Catholic Schools, Sunday shopping, Girl on the boys team, Aboriginal status)
Debates on people’s rights around the 1980’s:
- Bill 101- French language rights in Quebec vs. English language rights
Question: Should Bill 101 be allowed in Quebec?
2.Religious rights for Catholic School system:
Question: Should Catholics be funded because of a constitutional promise in 1867 and to what extent (for which grades? % of taxes?)
3.Lord’s Day Act- The right for people to go shopping on a Sunday
Question: Does this violate the rights of the traditional religious base of society? Should it be allowed?
4. Gender participation in male sports league
Question: Should a girl have the rights to be included in an all boys hockey league?
5.Aboriginal special status for people and land
Question: Should Aboriginal people be given a special status different from other Canadians?
Case Study: Texas Man Kills his Daughter’s Child Molester- June 2012
1.Does the first video tell you enough information for you to know if the father’s actions were justified? Why or why not?
2.After watching the second video clip, did it provide any more information to help you answer the above question? If so, what new info did you find out and how does that help you with the first question? /4
3.What does this tell you about the quality of some news reports for explaining crimes? What other sources would be helpful or more useful? /4
4.Using the information provided in the Canadian Criminal Code, if this occurred in Canada, do you think the father would have been charged for a crime? Why or why not? /3
5.Do you agree with the man not being charged for a crime? Why or why not? /3
Chapter 1- Introduction to Natural Law
- Laws are dynamic and changing rules within every society over time. What are 3 specific factors that influence the courts or parliament to change a society’s laws? Explain how each factor has helped to change laws and provide an example for each. /12
- Does everyone view our legal system in the same way? Why or why not? /2
- Do you believe that our legal system is equal for all? Why or why not? /3
- Why do you think that in today’s law in Canada it is acceptable for a woman to control her own body by having an abortion but it is not allowed for a person to decide to commit suicide? Is it the same principle? Why or why not? /4
Significant Court Cases
Significant Cases Questions
Bush v. Gore Application 6X 2=12 marks
1.Explain how each of the following were connected to the case in 2000 between George Bush and Al Gore in deciding the winner of Florida.
a) hanging chads, b) Florida recount, c) electoral college, d) judicial conservatives, e) Florida state election laws, f) disenfranchised voters
Bedford v. Canada Thinking 19 marks
1.How do morals connect with law? How do they influence our laws. Give an example. How do laws help to influence our morals? Give an example. 4 marks
2.What argument did Bedford’s lawyers use to explain that prostitution is unconstitutional? 4 marks
3.Why do some countries agree with allowing prostitution? How can serve the good of the society? 3 marks
4. Who said: “The state has no business being in the bedrooms of the nation”? Why do you think he said this? Do you agree with this statement? Why or why not? 4marks
5.Does prostitution fall under this category of what he is talking about? Explain. What other laws did he mean when he said this? 4 marks
Vocabulary: bawdy house ,living off of the avails of prostitution, decriminalization of prostitution 6 marks App
Questions about The Hurricane
Questions about “The Hurricane”
1. Explain two advantages and disadvantages of watching a Hollywood-made movie to learn about specific court cases. A /4
2. What are three points of information that may be in dispute regarding this film? A /3
3. Do you feel that this film helps to demonstrate how racism can be found in the justice system? Describe three specific events in the film that show there is evidence of racism in the U.S. judicial system. A /10
4. Provide an example of a Canadian man or woman wrongly accused of a crime based on racism in our system. Summarize in a paragraph what happened, who was accused, when, where, why and how the system failed him from arrest to conviction. K /10
5. Write a ¾ to one page reflection on what you thought of this film. What are two major areas or concepts of law that this film helped you to understand? Was it valuable for you to understand how the system sometimes works? Did you enjoy the film? Why or why not? T /10