Popular in History of the US
Popular in Department
This 2 page Class Notes was uploaded by Joshua Sweet on Thursday August 11, 2016. The Class Notes belongs to HIST 105 at Texas A&M University taught by Neall Pogue in Fall 2016. Since its upload, it has received 8 views.
Reviews for HIST 105
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 08/11/16
3/24/16 What is International Law and How does it Work? 3/24/16 On March 24, 2016, Dr. Charlotte Ku, Associate Dean and Professor of Law at the Texas A&M University’s Law School, gave a lecture on “What is International Law and How does it Work?” She asked us “when you hear ‘International Law,’ what comes to mind?” Some responses were: Immigration (when traveling internationally, the documents required, legal and illegal travel) Foreign Policy (interaction with other countries) Political asylum Oceans (two miles out considered international waters, fishing, and regulations of oceans) As we can see, there is an array of ways where international laws apply, including international relations and how it affects domestic systems. International Law can be defined as “a legal system that provides the framework for political discourse and interaction at the international and global level.” What is a legal system? It is the difference between talking with people verses the law. It is authoritative in some way, since it has meaning and consequences. It includes decision making by actors (diplomats) who are authorized to act on behalf of their country. Some forms of international law (treaties are a form of international law). Failure to perform international law has some consequences including sanctions (shunning by the international community), fines, and up to and including war. So international law provides framework, interaction and participation, and may provide clarity but not always a solution. Some aspects that will influence whether or not countries come to an agreemtht include interests (do the interested parties want a solution or not?), timing (in 20 century there were conferences on how to regulate warfare, ironically one such conference started on eve of World War One), values (today verses 1945, before 1945 e.g. human rights), capacity (even if there is will and interest still need capacity to carry out idea), and infrastructure (such as domestic systems to carry out law). International law relies mainly on governments to carry out obligations such as passing law and educating people. Functions of International Law 1. To provide mechanisms and processes for crossborder and multilevel interactions; and 2. To shape the values and goals these values are pursuing 3/24/16 What is International Law and How does it Work? 3/24/16 Like a smartphone, it needs an operating system to run apps. International Law has an operating system (who, what, when say; if have an issue with another country how to go about it), similar to America’s Constitution. Then the purpose of the operating system (international law) is to run apps (promote values). However, sometimes in international law there is not enough capacity to pursue values and goals, much like an operating system may not be up to speed to power an app. Dr. Ku wrapped up the lecture by discussing possible career opportunities, to include: Government Practice Private and Corporate practice Nongovernmental institutions (Amnesty International, Human Rights Watch) International organizations Some examples included the State Department, military (J.A.G.), and even the State Legislature. She also noted that nongovernmental institutions can focus on a specific topic/area/issue whereas other institutions face multiple issues and cannot specialize in one issue. Her recommendation was to get a solid legal education and skills and find a place to apply it. At the end of the lecture I posed the question, “Does a country have to use the international community/law to resolve a dispute (e.g. China and its neighbors territory dispute in the South China Sea)?” Dr. Ku said that according to the U.N. Charter, nations are to resolve disputes without war, but it is not always the case to use international law. One thing to look at is China’s treaty obligations (Law of the Sea Conventions, etc.) that provide a process to a resolution. However, China is careful to sign those treaties because they don’t want to lose a dispute. So it is important to find a way to get all interests expressed in order to manage the situation. For example, although Antarctica is different from the South China Sea, in Antarctica all countries that had a claim had to release their claim so it could be international property for research. There are a lot of possibilities on how to manage the situation once the parties involved come together to find a solution. Another idea is to share the resources in the area. However, any possible solution requires all the parties (not just China) to want to find a solution to manage the situation. International law is available to help, but they must come to it. At this moment in time the international community can’t force them and don’t have enough resources to do so. Overall I thoroughly enjoyed this lecture. International law and the issues that face the international community have always been of keen interest to me and I was able to learn more about international law.
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'