Final Study Guide
Final Study Guide INR3403
Popular in International Law
Popular in INTERNATIONAL RELATIONS
This 3 page Study Guide was uploaded by Cellena Chavis on Monday December 7, 2015. The Study Guide belongs to INR3403 at Florida International University taught by John Oates in Fall 2015. Since its upload, it has received 20 views. For similar materials see International Law in INTERNATIONAL RELATIONS at Florida International University.
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Date Created: 12/07/15
INR3403 Final Exam Study Guide Section One Civilian deaths may be permissible if the military strike is necessa unintended the bene ts outweigh the risks armed forces must distinguish between civilians and military target civilians bene ts must outweigh the risk governs when it is legal to declare war or engage in armed con ict iovemed bi the UN Charter and customaa int l law Jus in bello governs conduct of war governed by int 1 humanitarian law like the Geneva conventions the ICC does not have universal jurisdiction limited to war crimes crimes of genocide crimes against humanity crimes of aggressionnot yet in force 1 States treat int l treaties as domestic law selfexecuting treaties 2 States see a distinction between the int l and domestic legal order made up of the UDHR ICESCRICCPR Universal Declaration of Human Rights includes both classes of rights protects social cultural and economic rights rotects civil and olitical rights Provides minimal protections to prisoners and civilians even for non int l con ict states en39o full 39urisdiction over their and claim 12 miles from their cost for can exercise limited jurisdiction enforce customs scal migration or sanitary laws for an additional 12 miles exclusive economic zone 200 miles beyond the coast line beyond that is the hi h seas h becomes judicially enforceable upon rati cation As opposed to a nonself executing treaty which becomes judicially enforceable through implementation of le islation attempt to reform the institution of sovereignty have the responsibility to protect civilians from genocide war crimes and crimes a ainst humanity and ethnic cleansing has the responsibility to help states fu ll R2P duties shared responsibility of int l community to protect them wtimel action through the UNSC if a soldier is wounded and does not pose a threat then should be treated as POW 1 Methods or means of warfare that cause super uous injury or unnecessary suffering are forbidden 2 Methods or means of warfare that indiscriminate ie cannot be directed against a speci c military target to navigate of over ight lay submarine pipline fisheries l Unilateralism a US should go it alone in pursuing its national interests or rely upon short term ad hoc coalitions with other states b Int l law places constraints on US foreign policy 0 Int l law is not effective in restraining states INR3403 Final Exam Study Guide d Other states are not reliable 2 Multilateralism a US needs the long term cooperation of other states in order to realize it national interests b Int l law helps states to cooperate and can meaningly restrain them c Restraint b the US helps ensure a stable and durable int l order governments must establish that actions will not harm the environment if the risk is unclear refrain from taking action Section Two Discuss how new areas of international law such as human rights law environmental law and humanitarian intervention challenge and transform the traditional principles that underlie international law 1 What are the international principles a Peaceful coexistence and noninterference b Sovereignty c Has always been about state actors d Based on consent of the state 2 How do the new areas change this a Human Right Law i Basic principle to protect citizens from their own government ii How does this challenge traditional international law 1 The law is about the individual and not the state 2 Universal jurisdiction challenges state sovereignty 3 Is all about interference b Environmental Law i Basic principle regulate private actors to protect the environment ii How does this challenge traditional international law 1 Is about interference 2 States must cooperate together a Common but differentiated responsibility 3 Precautionary principle challenges the idea about if its not expressly prohibited then it is permitted c Humanitarian Law i Basic purpose protect civilians from atrocities that committed by their own government ii How does this Challenge tradiational international law 1 Challenge to consent a RZP b ICC 2 Challenges state sovereignty INR3403 Final Exam Study Guide 3 In conclusion the interdependence of states after World War II has transformed traditional international law because the is a greater socialization in the world system Discuss the limits of international law in addressing the problems of human rights and climate change in the context of the cost and benefits of using binding international law to address international problems versus other less binding or even nonlegal arrangements 1 Binding international human rights law a Costs i The people who aren t following probably still wont 1 Wont help where true atrocities are taking place ii People might pull out iii Harder to police b Benefits i The law will be codified and clear ii The can be consequences to those who don t follow 2 Binding international climate change law a Costs i In exible ii Slow economic growth in third world countries because of restriction b Benefits i People will live longer ii Greater health in the world more people able to work and go to school iii Basically the same as human right law 3 Alternative Nonbinding agreements a Economic treaties b NGOs help voluntary not forced
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