INTERNATIONAL RELATNS INR 2001
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Date Created: 09/18/15
Chapter 16 TIJesdayAIri1920il 253 PM Liberal Routesto International Peace 0 Best way to preve ntarmed aggression is to eithersettle through diplomatic negotiations international disputes before they escalateto warfare orbringthe use ofarmed force undermeaningful legalcontrols that restrictthe purposes forwhich armed aggression can be legally conducted sothat the likelihood of taking up arms will decline Coercive diplomacy realist recommended strategy has a goal of politics exercise influence overan enemyto give in tothe opposition39s demands and can be accomplished by deliveringan ultimatum 0 Problem w coercive diplomacy39s reliance on the threatofarmed force is thatsuch acts usually create a crisisthatescalateswarW39quot quot r the a ityfm 39 quot 39 39 tquot quot IS reducedCuban MissileCrisis Toliberalsitis 39 39 Luldlka39nnull 39 39 quot 39 39 issuesatanegotiatingtablethantoletangerand anxieties sizzle and temptthe disputants to take up arms Reciprocity o Returnsoffavorsforfavorsorpunishmentforpunishmentbtwnpartiesinamutualexchangerelationship o 39I 39 39 39 produceagieatercooperationORgreaterconflict Mediation o Conflictresolution procedureinwhichthird pantyr r L39 quot nlufinntothe quot39 t t I Theydisplaythebesttrackrecordinterminatinginternationalcrises o 3 forms manipulation formulation and facilitation Otherconflict resolution practices 0 Good offices 0 Conciliation O whena third part gives Lquot quot 39 39 39 an Itthe u39i Futum39s claimsthrough and ad hoc forum 0 Ad39udicationwhen athird party offers a bindingdecision about a conflictthrough an institutionalized tribunal such as a court Allthese methods for 39 39 39439 t 39 e embedded inthe international laws pertainingto negotiation International Law has been conceived by and written mostly by realists who place the privileges ofthe powerful as theirprimary concern and have historically advocated that warshould be an acceptable practice to protecta dominantstate39s position in the global hierarchy to increase its power The rulesthat are globally accepted are created atthe global level bythe most powerful countries to protect theirparochial selfinterests The great powers alone havethe capacity r wide 4 quot transnational norms of statecraftthat favorthe accepted rules forinterstateinteraction International law is quotweakand defe nselessll accordingto many critics Expul 39 askcd whetherquot 39 39 law is reallylaw International law is imperfect but states rely on itto redresstheirgrievances Private International Law 0 Law pertainingto routine transnational intercourse between oramongstates as well as nonstate actors 0 Most global activity falls underthis 0 Regulation ofthe kinds oftransnational activities communications and travel 0 The location foralmost all international legal activities 0 Largelyinvisibletothe public 0 Where the majority oftransnational disputes are regularly settled and where the record of compliance compares favorably with that achieved in domestic legal systems Publiclnternational Law 0 Law pertaining 3 3 39 39 quot t 39 39relations with othertypes of transnational actors o Coversissuesof 39 39 L quot 39 39 A L y May area wiL39n39 INR 2001 Page 1 organizations IGOs and 39 39 39 quotslsllrh 39 39 39 39 o Dominatesthe headlines in discussion of public international law 0 Greatest weakness inabilityto control armed aggression o Receivesthe mostcriticism becausefailures when they occurare conspicuous Sovereignty 0 Legal doctrine that states have supreme authority to govern their internationalaffairs and manage their foreign relations with otherstates and nonstate actors 0 Foundation of international lawand its mostimportanttransnational norm 0 Reinforces international anauciiy 39 39 39 ortrue globI 3 o Placed asthe core principle of international law as constructed by realists to ensure statesI freedomto act in terms oftheirperceived national interests World r quot 39 39 39 o r n tme glnhal D LULIIeleVelUI inLeiacLiunwnnmn D quot L to do with one anotherand the kids of 3 dupe dcnt on W at rulesthey voluntarily support In world politics no legislative body is capable of making binding laws Rules are made only when states willingly observe orembrace them inthe treaties which they voluntarily subscribe Article 380f the Stature ofthe lnte rnational Court of Justice or World Court 0 Accepted asthe authoritative definition of the sources ofinternational law 0 Declares thatinternational law derives from custom international treaties and agreements nation and internationalcourtdecisionsthe writings of legal authorities and specialists and the llgeneral principlesll of law recognized as partof llnatural lawll and llright reasonquot Nojudicial body exists to authoritatively identify and record the rules accepted by states interpret when and how the rules apply and identify violations 0 States are responsibl for pen funning L39nese tasks perform these functions withoutstates39consent In world poltiics there is no executive body capable of enforcingthe rules 0 Complianceisvoluntary Statesthemselves determine whatthe rules are when they apply and how they should be enforced No higher powerdoes it Weaknesses reduce confidence in international law 0 International Law lacks univarsality I Legal system must repthe norms shared by those it governs L A dues IIUL have the powerto II I I I I I v alw common values as evidenced bythe quotclash of civilizationsquot and the rejection by terrorists and others ofthe Westernbased international legal order 0 International lawjustifies LI 39 39 r 39 of 39 3 without regard to morality and justice I Int39llaw39 39righLLoLakeself39 39 means howeveramoral preemptive strike I Nationalinterestgtlegalobligationsrealiststhinkthistoo to pursue powerand hegemony by any 0 International law in an instrument of the powerful to oppressthe weak I Rulesthat the powerful willingly agree are those thatserve theirinterests 0 International law is a little more than ajustification ofexisting practices I When a particularbehaviorpattern is widespread everyone does it it becomes legally obligatory 0 International lawI 39 39 39 39 39 toa policy Looi for 39 purposes I States can define and interpret almostany action as legitimate I Stated can exploitint39l lawto get what they can and to justify whatthey have obtained The majorreasonthat even the most powerful states usually abide by international legal rules isthatthey recognize thatadherence pays benefitsthatoutweigh the costs ofexpedient rule violation 39 a 39 39 39 39 h quot quotquot ininternationalaffairs from breakingexisting laws Can39t expectto prevent all criminal MI I 4 all of39 behavior Core Principles of International Law Sovereignty isthe mostimportant principlein international law It meansthat no authority is legally above the states exceptthat which the state voluntarily confers on the international organizations itjoins Soverign Equality INR 2001 Page 2 o Entitles eahcstate to full respect by otherstates as well as equal protection bythe system39s legal rules Neutrality o quot 39 to avoid39 Noninervention Norm o Requiringstatesto refrain from uninvited activities within anothercountry39s territory noninterference principle 0 Principle state from line fuiiiigin dIIuLiIeI LdLe39 39 In practice domesticjurisdiction permits a state to enactand enforce whateverlaws itwishes forits own citizens Crimes Against Hllmanty 39 39 39 39 39 abu e human rights Divine Rightof39 39 3 quot 39 thatquot 3 4 quot3 L L the rightto ruletheirsubjects authoritatively and are not accountable to the public bc theirrule is claimed to be ordained by God 39 39 39 39 39 39 k whirh 39 hernme astate inthe global community 0 The 4 t t L r 39 3 39 39 assllrh byotherstatesWhethera state legally existsthus rests in the hands of otherstatesthat is preexistingstates mustextend diplomatic recognitionto anotherentity Diplomatic recognition 0 De facto recognition a government39s acknowledgment ofthe factual existence of anotherstate or governmentshortoffull recognition I Provision and capable of beingwithdrawn in that eventthat the recognized government is replaced I n I 4 in others39 39affairc yallu 3 AA A I Ann Ihr cnuty byanother o Dejure recognitionag 39 formal legal another overnigng orstate 39 Extendsfulllegal quot quot 39 39 39 quot 3 I39me39ne o Recognitionisapoliticaltoolofint39llawthroughwhirhapproval d quot rr 39 f D mnbe expressed Otherrules specify howtreaties are to be activated interpreted and abrogated International law holdsthat treaties entered into voluntarily are binding pacta sunt servanda However italso serves forstatesthe rightto quot quot terminate 39 r 39 39 age to by reference tothe escape clause known as rebussic stantibus This isthe principle thatatreaty is bindingonly as long as no fundamental change occurs inthe circumstancesthat existed when the treaty wentinto effect Just War Doctrine moral criteria identifyingwhen ajust warmay be undertaken and how it should be fought once it begins International law prohibits andjustifiesthe use of force Drawingthe line between murderandjustwarisa controversial task Conviction that the takingof human life may be a quotlesserevilquot when it is necessary to preventfurther life threateningaggression Military Necessity legal principle thatviolation ofthe rules of warfare may be excused fordefe nsive purposes during periods ofextremeemergency The Bush Doctrine defendingtheiegaiiLyof l mikcstoprevem pave the way forthe legalization of preve ntative warforall countries lnte rnational Criminal Court ICC 0 mm Lquot L 39by39 39 crimes Launched as an independentcourtof last resortthat investigates and prosecutes terrible masscrimes such as genocide crimes against humanity and warcrimesthat have been committed since the court39s inception Only pursuesacase when a state39s courts are unwillingorunable to do so Uganda the Democratic Republicof Congo The Central African Republicand Darfur Law is an institutional substitute forwar International law is not intended to preventALLwarfare Instead of doingaway with war international law preserves itas a sanction against breaking rules World court is notfunctionally effective Itcan make rulings only on disputes freely submitted by states exercising theirsovereign rights World orderwill depend to a considerable extenton the future uses to which state putinternational law 39Wdls could 39LreaLyfur39 39usticeto people committingwar O OO INR 2001 Page 3
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