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International Law, IOs, and Ethics Source of International Law Thomas Aquinas Grotius, 1500’s, Treatise on International Law ◦ Customs, renaissance Italy ◦ Philosophers – Thomas Aquinas ◦ New Practices – territorial waters Original – anything within range of seaside artillery Current – landward waters (inside of shore boundaries, as with Albemarle sound); territorial waters, 12 nautical miles; Contiguous zone, 12 miles; exclusive economic zone, 200 miles Five Major Sources: specified in the UN Charter 1. International Treaties: - the dominant source of law - legally binding (the principle of “pacta sunt servanda” and “rebus sic stantibus”: pacts must be respected, and the last as long as conditions are the same.) Example: the UN Charter as an int’l law 2. International Custom: - long-standing habits or customs followed by states are eventually codified into law. Example: The laws protecting diplomats and embassies 3. General Principles of Law: - include legal principles that are common to a large number of states. Example: invasion of a country by another 4. Judicial Decisions and Juristic Writings: - the written arguments of judges and lawyers 5. Scholarly works Enforcement of International Law Enforcement of int’l laws is difficult because there is: - no legislative body to make binding laws. - no judicial body exists to authoritatively identify the rules accepted by states, record substantive precepts reached, interpret when and how the rules apply, and identify violations. - no centralized enforcement procedures exist, and compliance is voluntary. International Court of Justice ( the World Court)– Noncompulsory jurisdiction on cases brought exclusively by states Why do States still Follow Int’l Law: - The principle of reciprocity - Not to face the long-term costs of violations of int’l law - To avoid collective response by a group of states International Law The two most developed areas of int’l law: A. Laws of Diplomacy: “Diplomatic immunity” for foreign bureaucrats - immune from the jurisdiction of the host country’s national courts - use of an embassy as if it were their own state’s territory B. Laws of War: - limitation of warfare to the combatants - protection of prisoners of war (POWs) International Criminal Court (ICC): established in 2002 to hear cases of war crimes the US did not ratify it. (It infringes the US sovereignty and might some day prosecute US soldiers.) Just War Theory Just War Doctrine: a war is morally just if waged as a last resort for the purpose of responding to aggression. Therefore, force may be used only if there is: ◦ Right intention (to correct a public evil) ◦ Proportionality (destruction should not overweigh the good to be achieved) ◦ Last Resort (first all peaceful alternatives should be exhausted) International Organizations (IOs) IOs include: - Intergovernmental organizations (IGOs) example: the UN, the European Union, NATO, NAFTA - Nongovernmental organizations (NGOs) example: Greenpeace, International Red Cross, Amnesty International IGOs differ in geographic scope of membership: ◦ Global (e.g. the UN) ◦ Regional/Subregional (e.g. the EU; ASEAN) IGOs also differ in the range of stated purpose: ◦ Multiple purposes (e.g. the UN) ◦ Single Purpose (e.g. World Health Organization) Functions of IGOs in IR IGOs: - serve as arenas for negotiations and creation of coalitions during int’l bargaining - develop procedures to make rules and settle disputes - lead the creation and maintenance of international rules and principles (known as international regimes). IGOs: - reduce uncertainties about other states and thereby enhance predictability in the policymaking process. - expand the possibilities for foreign policy-making Supernationalism and Supranationality aspect of IGOs: ◦ tension bw. state sovereignty and higher authority of supranational structures (nationalism vs. intergovernmentalism vs. supranationalism) IGOs constrain states: By creating principles, norms, and norms of behavior with which states must align their policies if they wish to benefit from their membership. The most extensive IO: The UN History Intentions Structure Limitations The United States History of the UN: Founded in the 1945 after WWII. Members: Nation-states (as of 2007, 192 members) Purpose: Maintaining int’l peace and security The Principles of the UN The UN Charter was founded on four fundamental principles: - Equality of member states before int’l law - Full sovereignty of states over their internal affairs - Independence and territorial integrity of states - States should comply with their international obligations (Int’l rules and norms) Structure of the UN Principal organs of the UN include: 1. Security Council 2. General Assembly 3. Secretariat 4. Economic and Social Council 5. International Court of Justice Security Council Membership: 15 members; 5 permanent with veto; 10 rotating members Responsibilities: ◦ Peace and security ◦ Identifies aggressors ◦ Decides on enforcement measures Observation, peace keeping, enforcement Criticized as an exclusive “nuclear club.” Membership reform: Discussion of an increase in the number of permanent members (inclusion of Japan, Germany, and India) Do we really need the SC Is it fair that only 5 countries control the SC Should developing countries also be given veto power in the SC General Assembly Membership: 192 members; each state has one vote Responsibilities: ◦ Debates any topic within charter’s purview May pass resolutions, comment on other actors ◦ Admits states ◦ Elects members to special bodies Some criticize the GA because: - GA tries to address a very broad agenda. - GA needs to focus on some specific issues such as international migration, terrorism etc. Should GA replace the Security Council Can GA become the future “world government” Lacks structure, mandate, elections Secretariat Headed by secretary-general. Secretary-general elected for 5-year renewable by General Assembly and Security Council The executive arm of the UN Responsibilities: ◦ Gathers information, coordinates and conducts activities ◦ Secretary General is the chief administrative officer, spokesperson Economic and Social Council (ECOSOC) Membership: 54 members elected for 3-year terms Responsibilities: ◦ Coordinates economic and social welfare programs ◦ Coordinates action of specialized agencies (WHO; UNESCO; FAO) International Court of Justice Membership: 15 judges; Elected for nine-year terms (five judges in every three years) by a majority of both the Security Council and General Assembly Responsibilities: Noncompulsory jurisdiction on cases brought exclusively by states Major weakness: all states do not agree in giving the court jurisdiction in certain cases. States want to reserve their rights and limit the degree to which Court can break borders of national sovereignty. Overall Picture Debate between intergovernmentalists and supranationalists Inefficient – agencies have budget, but work is outsourced, and anything over budget is provided by pledges – unreliable Relies on members to carry out the intentions of the organization, but cannot compel compliance. No punishment for wickedness – symbolic unity rules… International Ethics Values of idealists and constructivists shape part of international regime Deontological vs. utilitarian ◦ Focus on means vs focus on ends Moral relativist ◦ No set of values dominates – all at risk Moral skeptic ◦ Morals are a tool to justify or oppose actions, but they have not real content. Like culture, morals can be a shield, bridge, or weapon.