Chapter 6 International Law
Chapter 6 International Law PSCI 230X - 01
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This 15 page Class Notes was uploaded by Autumn Fraser on Sunday October 11, 2015. The Class Notes belongs to PSCI 230X - 01 at University of Montana taught by Eric Hines in Summer 2015. Since its upload, it has received 19 views. For similar materials see International Relations in Political Science at University of Montana.
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Date Created: 10/11/15
Chapter 6 International Law Tuesday October 6 2015 824 AM 0 International law 0 Principles rules and regulations concerning international relations 0 Law Role of IGO39s and IR 0 Courts of IL 39 International court ofJustice ICI I International Criminal Court ICC 39 International Criminal Tribunal for the former Yugoslavia ICT Y 39 International Criminal Tribunal for Rwanda ICT R gt International legal regulations effective only as long as key international actors recognize and follow them 39 Why to have International Law 0 Need for secure international environment 39 States and IGOS set rues and establish sanctions to maintain international order 39 Need for conflict resolution 39 International actors are constantly interacting I Wars are too destructive 39 Internationally observed rules help countries resolve issues without violence 39 Need to coordinate domestic laws in a global world 1 Among private citizens living in different countries 2 Between private citizens and foreign governments or orgs 3 Among international orgs 0 Principles of International Law 0 Territoriality 39 Legal principle that laws apply only to the territory of a sovereign state 39 ILapplies to two several or all countries 0 Jurisdiction I DinIni nnl llIlnnviI l n mealn Annirinnr nnl nnhl Ilt l f IEIIL CIIIU GIULIIUI ILy LU IIICC UCLIDIUIID CIIIU apply JUDLILC I Some laws are universal some laws only apply to certain places I To become subject to L states must be sovereign I States must exercise supreme authority within its territory 0 IGO39s subject to law too when engaged in I Diplomacyma naging of IR by means of negotiations III Diplomatic protocol Rules based on tradition to prescribe how activities between states should be performed I Sources of International Law 0 International treaties international customary law and general principles of law recognized by civilized nationals 0 International treaties I Written agreements between nations I Help protect international community from sudden changes I AKA agreements charters pacts covenants conventions Abrogateto cancel a treaty I Customary law I Law derived from the past practices of sovereign states in the absence of repeated objections from other states I General principles of law I Cross cultural principles of morality and common sense I Equity laws passed based on equity need to be balanced and impartial I Judgments of igo39s courts and tribunals along with works by legal scholars and political analysts are sources of IL I Development of IL 0 Law of nationals I Completion of roman laws made at the direction of the Byzantine emperor I Based on principles of III Natural law Rules that reflect universal interests Religion I Roman catholic church claimed divine right to regulate affairs among European monarchies and their subjects llll II LAI I IVIOClern IL IaKES SHBDEZ 39 After Euro scholars discovered legacy of roman law during the renaissance 39 States needed shared rules to regulate relations Treaty of Westphalia 39 Early establishment of law Terra nulliusland belonging to no one 39 Needed laws tojustify acquisition of territory 0 Law of the Sea Established for states involved in overseas commerce to deal with 39 Competition safety of shipments financial disputes Based on compromises agreements practical needs and legal scholarship Freedom of the seas I Principle that countries have the right to travel by sea to trade with other countries 39 Each state39s sovereignty ends with its territorial waters Exclusive economic zone EEZ 39 Agreements created EEZ to regulate exploration of ocean surface seabed ectclaim legal rights Guide international behavior today 0 Laws of war Regulate war to minimize its increasingly deadly consequence Tsar Nicholas II and Queen Wilhelmina of Netherlands assembled The Hague international conference to work on 39 Convention for the Pacific Settlement of International Disputes III Agreed war must be last resort Right to declare should be limited Violence should be limited Rights of prisoners of war Outlawed using enemy39s flag and military uniform for deception 39 Outlined laws of war III Common principles that states should follow in case of an armed conflict Declaration of war Belligerent rights 0 Right to visit and search merchant ship 9 Armistice 0 Suspension of hostilities Some states could choose nonaggression or neutrality ltgt Rejection of any formal military or political alliance 39 Signaled new era of IR III But only a few practical results impasses over international judges share of votes ect 39 Humanitarian issues 0 Nineteenth and early twentieth centuryage of liberalism 39 Produced idealists that saw IL as a means to prevent armed conflict and alleviate fate of combatants and civilians 39 1863 International Committee of the Red Cross formed by Dunant 39 To help wounded soldiers regardless of nationality or alliance 39 Instrumental in first Geneva Convention III Signed treaty of the Amelioration of the Condition of the Wounded in Armed Forces in the Field Human treatment of captured and wounded soldieries III Eventually Geneva Conceptions legalized rights of captured and wendedcivilia ns and noncombata nts 0 Early legal institutions 39 HagueEstablished Permanent Court of Arbitration 39 Make binding decisions on disputes between cooperation states 39 Others made to 39 Promote coop in tech communication law enforcement 39 International Telegraph Union International Telecommunication Union Universal Postal Union 39 more in depth on pg 193 0 Early NGO39s hopeful to create legal foundation for stable peace and nonviolent conflict resolution 39 Establishment of IL societies 39 Institute of International Law Gustave RolinJaequemyns III After Prussian war III Now a source of influential legal and political debates III Used to arbitrate int disputes 39 League of Nations to UN 0 LofNJan 1920 39 First global org created out of practical calculations and idealist thinking 39 Structure III Counciltop exec body III Assemblyall reps III Secretariatadministrative functions I Worked with III Permanent Court of International Justice III International Labor Org 39 Leagues inability to stop aggressive wars in Africa Euro and Pacific undermined authority replaced by UN 39 Coined by Roosevelt 39 Began with 26 states pledging to fight together against Nazi German facist Italy Imperial Japan 39 Membership to any states that accepted the charter 39 UN Charter and UN decisions became important part of IL III Recommendations are crucial to develop international principles of human rights and their defense 39 Created ICI III Resolve legal disagreements submitted by states III To settle legal disputes submitted to it by the states III Give advisory opinions on legal questions How we study it 39 Realist view 0 Sovereign states by definition have no higher authority over them including IL 0 IL can regulate relations among states but not undermine sovereign country39s core interests including security 0 Without proper enforcement IL is ineffective 39 Individual countries and their coalitions should remain guarantors of global security 39 Does not advocate lawlessness I Anarchy makes IL important but difficult to implement III Laws should reinforce mutual interests and each countries security concerns 39 Balance of power has large effect on IL III Mutual hostility and no desire for negotiation IL cannot help III Threats of force may be only way to restore balance III Strong states can ignore IL standing in the way of their interest 0 To be effective IL must consider state sovereignty state interest and means of enforcement see below 0 Sovereignty 0 States are bound only by rules of IL to which they consent to 0 Aggression 39 Victim state does not have obligation to consult IL on how to respond 39 Has right to defend itself 39 States don39t have obligation to defend other states in absence of defense agreement 0 State Interest 0 Governments reject IL that undermine interest or impose undesirable legalfinancial obligation 0 States have the right to choose their own policies toward IGO39s including UN 39 IL is ambiguous so that states can interpret laws for their interest and domestic happiness 0 Law Enforcement 39 Under these conditions 39 Pledge themselves to implement agreement 39 IGO decisions can be enforced by III International mandate Legal permission to administer a territory or enforce international law Liberal View 39 Challenges Realpolitik 39 Pays attention to opportunities provided by IL 0 States and individuals are capable of managing their relations based on shared principles 0 International institutions can play large legal role in international affairs by applying princlilpes of extraterritoriality and supranationalism 0 States claims of legal right to wage war should be limited 39 Law and reason 0 IL is not artificial creation of lawyers and politicians but addresses basic concerns of everyone 39 Common and compatible needs cement fabric of IR 0 Interdependence mutual consent legal obligations are product of common reason backed by common law 39 Laws that regulate our lives to not rely only on coercion but because they are accepted as a sense of social duty 39 StatesIGO39s do the same 0 Extraterritoriality 0 Principles of extraterritoriality 39 Exemption from the jurisdiction of local alw I When within another state must not allows follow its laws 39 State sovereignty is important as legal status but 39 Advancement of IGO39s weakens sovereignty 39 Travel international commerce electronic communications makes territoriality difficult enforce 39 Necessities of daily interactions will encourage statesbusinesses to become extractor 39 Supranationalism 0 Although lack of enforcement is a weakness in IL searching for the best way to enforce would be 39 Supranationalism III Delegation of authority to institutions or orgs that may supersede the authority of individual states by their consent III States don39t give up sovereignty rather delegate some to an Int institution that plays role of power Institutions can regulate IR based on shared principles III EU is a good example 0 Superanationalism and human rights I Liberal argumentlikes supranationalism because of human rights III Fundamental rights that everyone has regardless of their race nationality sex ethnicity religion or social value III 1948 UN General Assem adopted Universal Declaration of Human Rights 1966 Covenant on Econ social and Cultural Rights Helsinki Final Act Bound states that signed it to respect and protect humanitarian and human rights 0 Liberal triumph Supra ties international law to natural law L should allow interference with affairs of states responsible for human rights violations Lead to Universal Jurisdiction ltgt Principle that the perpetrators of certain crimes cannot escape justice by moving to another country and invoking its sovereign immunity Evolution of attitudes toward human rightssuccess of IL Geneva and Genocide Conventions 0 Defined genocide b Deliberate extermination or persecution of national racial ethnic or religious groups whether in war or peacetime ltgt Aim at limiting suffering and death during military conflict 0 Protect prisoners of war and civilians against attack revenge killings hostage taking starvation ect 0 Challenge fundament assumption of realist approach that state sovereignty includes the rights of states to conduct their own policy 0 IL gets involved with crimes against humanity Legality of war Libs focus criticism on realist claim that war stems from anarchic nature of international system Look for ways to limit war Just War principles Only sovereign states can pursue strategic goals by means of war War is justified only when based on principle of proportionality in the use of force If two states are at war should respect humanitarian concerns for honesty and mercy III Libs argue as well wars can be limited if sov states turn to the principles of IL tojustify war May start war in self defense but not use aggression ltgt Aggression attack by a state aiming at retribution expansion or conquest b UN Named 7 offenses not too important on pg 201 0 Don39t rule out war only use as last resort and is justified to restrain aggressor or stop deliberate violence Charter of UN says conditions necessary for use of military force 0 Threats to peace 0 Breach of peace 0 Acts of aggression Constructivism and other views of IL 0 Pay most attention to how states orgs and indivs create and interpret L according to social cultural and ideological context 0 Ideology 39 States driven by ideology and values can reject or embrace int agreements and orgs 39 Common values of social improvement and desire to eliminate hung and diseases and stop genocide could serve as a foundation for a nt legal system 39 Perceptions of IL 39 Constructivists say IL is based on shared values and perceptions 39 Political and socioeconomic conditions ofindividual states cultural prejudices and motivation of political leaders affect those perceptions III UN gives definition of aggression but gov may interpret aggression according to own interests 39 Conflict Theories 39 Maintain that IL is an instrument to serve interests of powerful social groups III Marxists Gov corps banks big IGO39s create legal rules that benefit the rich Int legal system designed to maintain economic and political superiority of Western Euro and North Am states at expense of the rest of the world III Racial and ethnic prejudice IL consistently used to promote interests of privileged countries of Euro North Am and Japan Big powers support IL as long as it does not threated status quo or superiority Reject attempt to give more power South Asia Africa ect III Feminists IL based on masculine perspective focusing on power power balance and war Women39s expectations excluded IL doesn39t protect rights of women globally 0 Sex exploitation slavery explained by countries as cultural Extraterritoriality in support of care ethics in IR responsibility of all for suffering of human beings 0 Self Organization 39 Theory III IR is a complex self organizing system without need of central authority or external power III Under challenges environmental terrorism ect most individuals change priorities and security and rights 0 Rights can only be guaranteed by law so global system must be there to institute develop and enforce law quotWorld statequot Applying IL Individual context 0 Individual leaders initiate interpret uphold IL 39 Libs and Realism don39t pay attention enough to individuals but Constructivism does 0 Political authority 39 Political Authority exercised by leaders at home shapes their attitudes about IL treaties and bilateral agreements 39 Autocratic rulers III Use unlimited power and follow international law only if it suits them III Refer to mission religion or ideology tojustify actions Tyrant ruler who uses unlimited power to oppress the people of the ruler39s country or its foreign possessions O Show major weakness in IL autocratic rules ignore international agreements and global conventions 39 Democratic rulers III Pursue policies within framework of domestic and IL III Provides support for democratic peace theory and liberal approaches in IR III Some fake democracy in order to make corrupt decisions 0 State Context 39 Realists states treat IL in context of domestic politics policy and security strategies 39 Countries often choose legal uncertainties and contradictions to justify their policies I International law and the US III Executive agreements Only need majority vote in both houses of congress III Presidents may reconsider position in IL under pressure from congress III pg 207 may be relevant seemingly not I How international agreements work within states III Head of state signs it III Legislature debates it 0 With input from 0 political parties 0 Lobbies 0 Public opinion III It is ratified amended or rejected 0 Global Context 39 L facilitates and oversees economic exchanges between states orgs and individuals International agreements settle territorial disputes Laws of war have saved lives III Protect travel property family rights due process and well being IL Genocide and War Crimes III International couts such as th ICT Y and ICT R generally successful F Give victims opportunity to seek justice Failures of IL III League of Nations III Wars still take place III IL protecting human rights can39t be strictly enforced III Countries argue west is given an excuse to intervene in domestic affairs when saying they are helping with human rights violations Nationalism to Supranationalism III Todays complex world requires coordination among states and IGO39s F Environmental issues global poverty natural disasters demand response from a global community F Economic and financial crisis III State bureaucracies remain corrupt and inefficient F Why NGO39s and NGO39s are important in global issues III Arguments for SupranationalismSelf Organization theory F Possibility of a single global legal system and possibly one global state F Could be established bc people globally would demand protection of rights 0 Individual states may not be able to provide F Supporters of Supra point to East African Community EAC 0 Economic and political union between five countries F Tanzania F Uganda F Burundi L VA I lquot r Icllya F Rwanda 0 Shows states can put aside religious trial and political differences to accept binding legal rules and move toward a common goal I REALITY III Critics Who should implement IL 0 NGO39s and IGO39s staffed by unelected officials that shouldn39t have the power to make decisions of global significance III Supporters of conflict theory NGO39s promote agenda set by educated upper glass western men III Lack of accountability of unelected professionals III Critics of Universal Jurisdiction Judicial procedures alone without proper debate won39t be effective in Int Politics Genocide and human rights violations should be punished only when proven and carefully investigated III Individuals and orgs may misinterpret IL for own interest III Realists Against Supra Law must be enforced to be effective IGO39s and NGO39s rely on good will and legal norms not enforcement III Critics of Globalization Global law benefit only wealthy countries Gaps bw rich and poor will increase Lib democracy from Western countries will be forced upon countries III Cultural differences create obstacle Territoriality III Why L matters Majority of countries need stable rules of international adherence Anarchical societysociety of states 0 Balanced path bw warnings of realism and hopes of libs 0 Most states have a strong interest in developing and maintaining international norms and laws Democracies depend on legitimacy 0 Need domestic and international support for foreign policy War Crimes Genocide Legacy of Nuremberg Nuremburg trial German Political leaders charged wit III Conspiracy to wage aggressive war Premeditated plan to commit war crimes III Crimes against peace Wars of aggression in violation of IL III War crimes Profound violation of laws of war including mistreatment of prisoners of war and slave labor III Crimes against humanity 0 Actions in concentration camps and within occupied territories of Europe Provided framework for other legal prosecutions Trials initiated serious of developments to establish permeant international court Precedent for UN guidelines for determining war crimes Provided legal precedent III In Based on Preceding39s of UN Convention on the Prevention and Punishment of the Crime of Genocide III Genocide entered L Lib and NGO39s advocate for enforcement of IL III Including arrests and prosecutions of state leaders who commit war crimes III Gained momentum in 9039s with support of IGO39s and UN Rome Statute III Legal basis for establishing International Criminal Court III Has the power to exercise jurisdiction over persons for the most serious crimes of international concern There was a LOT of info in this paragraph that is difficult to sort through in terms of importance vs background info Iwould encourage reading pg 21113 in the book
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