International Institutions and International Law
International Institutions and International Law PSC 1003
Popular in Introduction to International Politics
Popular in Political Science
This 5 page Class Notes was uploaded by Kerrigan Unter on Monday October 19, 2015. The Class Notes belongs to PSC 1003 at George Washington University taught by Olson, L in Fall 2015. Since its upload, it has received 18 views. For similar materials see Introduction to International Politics in Political Science at George Washington University.
Reviews for International Institutions and International Law
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: 10/19/15
PSC 1003 International Institutions and International Law The World Trade Organization Founded in 1995 the WTO represents the transition from the GATT regime to a formal institution Specifically intended to manage disputes between states and the bolster the free trade regime at the system level Each member of the WTO is required to extend mostfavored nation status to all other members of the WTO 0 MFN treatment is a principle of nondiscrimination which states that each country must extend to all other members the same trade relationship it has with its best trading partner 0 Exceptions to this policy are made with regard to integrated regional blocs such as free trade areas where tariffs within the area are zero but states maintain their own barriers to trade or common markets where internal tariffs are zero and a single tariff covering the whole common market is put in place WTO Dispute Settlement The purpose of the WTO is to maintain a level playing field where each member has an equal opportunity to participate in global trade Members who believe unfair trade practices are being pursued by other members can bring disputes to the WTO 0 Since 1995 the WTO has resolved several hundred disputes between states while the GATT only resolved around 300 from the end of WWII to 1995 If a state loses a dispute it has 3 choices 0 Alter the offending law and drop the barrier to trade 0 Compensate the other state with trade concessions in another area 0 Accept retaliation through the imposition of equivalent barriers by the winning state International Law Differs from domestic law in 2 important ways 0 No effective executive power at the system level that can enforce law 0 Generally lacks a reliable way to enforce compulsory jurisdiction where individuals can be compelled to appear in court or face punishment Despite these facts there are international laws in place some more effective than others Several new developments in international law have occurred over the past decade Universal Jurisdiction In the late 1990 s several European national courts asserted a right to universal jurisdiction arguing that domestic courts could try foreign nationals for certain crimes regardless of where the crime occurred Focused on crimes such as genocide crimes against humanity and war crimes First tested in 1998 by a Spanish judge named Baltasar Garzon who indicted Chilean dictator Augusto Pinochet for the murder of several Spanish citizens during the coup in 1973 Later adopted by Belgian courts but was dropped after individuals began seeking to put political leaders on trial Hybrid Courts Most commonly used in postcon ict situations where domestic courts are weak or non existent Courts are set up with both international and domestic judges to address crimes committed during the con ict Allows justice to be carried out domestically with the assistance of foreign judges Facilitates the development of domestic legal systems The International Criminal Court The first permanent tribunal tasked with trying individuals for certain categories of crimes The ICC differs significantly from the International Court of Justice ICJ or World Court 0 The ICJ is an arbitration body where only states have standing to bring cases and where both states much consent to ICJ arbitration o A relatively weak institution that hears few cases and generally does not deal with major issues The ICC s Jurisdiction Asserts compulsory jurisdiction over individuals above the age of 18 Can prosecute Genocide Crimes against humanity War crimes Also sought to prosecute crimes of aggression I Vaguely defined with no precedent so ICC cannot currently prosecute this crime but it remains open as a possible future category The ICC does not have universal jurisdiction It can only prosecute crimes Occurring in states that are signatories to the ICC treaty Committed by nationals of member states Occurring after July 1 2002 The first 2 can be overridden if a state that is not a member of the ICC accepts the court s jurisdiction or if a case is referred to the court by the UN Security Council The ICC usually takes cases from failing states who lack functioning courts Functional ism War is caused by relative economic disparities between states In the economic realm technical experts develop habits of cooperation leading to the transcendence of state loyalty and the development of shared interests Continuous cooperation between experts creates functional units then formal institutions which spills over into political cooperation Economic disparities lessen and likelihood of con ict is reduced F unctionalism and the EU Began in 1951 with the European Coal and Steel Communities Created a free trade area in coal and steel between France and Germany monitored by a supranational bureaucracy Purpose was to remove two critical contributors to military production from national hands Once these industries are integrated spillover begins to occur Solving one problem leads to new problems that need to be solved through further economic integration The benefits of integrating coal and steel can only be fully achieved when other sectors of the economy are integrated Leads to a path dependent process where economic integration increases Would eventually lead to the creation of the European Economic Community and the common market The Goal of F unctionalism For David Mitrany one major theorist of functionalism this process allows actors to sneak up on peace Low level noncontroversial cooperation necessitates increasing levels of cooperation and integration in a path dependent process that locks actors in and increases the cost of removing themselves from the process Neofunctionalists introduce an identity element In addition to economic integration neofunctionalists argue that individuals should be encourage to transcend national identity and adopt a regional identity in order to further reduce the likelihood of con ict Once economic integration is complete with the creation of the EEC the next challenge is political cooperation leading to the creation of the European Union The European Union Founded in 1992 with the signing of the Maastricht Treaty Creates a single European market with the free movement of goods services capital and labor Based on three pillars with an overall goal of continued and further integration Economic Foreign and security policy Police and judicial cooperation Currently 28 members with 5 candidates Iceland Macedonia Montenegro Serbia and Turkey and 1 applicant Albania Goals of the European Union Overall goal is an ever closer union To join the EU a state must meet several criteria Stable democracy Respect for human rights A stable market economy that can compete within the EU Accept obligations of membership including the acceptance of relevant EU laws over national laws EU seeks to insure that states harmonize upward in terms of the variety of standards and regulations put forward by the EU The EU is also committed to improving living standards throughout Europe and Will engage in redistributive policies to assist newer less developed members
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'