Politics of International Law - Final Exam Study Guide

Flashcards covering key terms and concepts in the Politics of International Law.

Jus Cogens

Peremptory norms that are binding and allow no derogation, such as the prohibition of genocide.

Opinio Juris

The belief that a practice is legally obligatory, forming part of customary international law.

Reciprocity

The practice of states responding to non-compliance by not complying in kind.

Retaliation

Punitive measures taken against states that violate international law.

Reputation

The credibility of a state in adhering to international commitments.

Hard Law

Legally binding agreements with enforceable obligations.

Soft Law

Non-binding commitments that are still influential.

Regime Complex

An array of partially overlapping international agreements and institutions addressing the same issue.

Universal Jurisdiction

The principle allowing states to prosecute certain crimes regardless of where they were committed.

Commitment Devices

Mechanisms through which actors signal compliance with international norms, like Deeds of Commitment used by non-state actors.

Forum Shopping

The practice of choosing the most favorable institution or jurisdiction to advance a legal claim.

Path Dependence

The notion that historical decisions shape future choices, making radical changes difficult.

C-E-E Framework

Framework assessing compliance, enforcement, and effectiveness of international agreements.

Management School

A theory proposing compliance arises from cooperation and transparency rather than punishment.

Enforcement School

A theory arguing that compliance relies on penalties and monitoring.

What is the paradox of commitment in authoritarian regimes regarding human rights treaties?

Authoritarian regimes often ratify human rights treaties to signal strength or legitimacy rather than actual compliance, using them as tools to consolidate power.

What are the three key dimensions of legalization in international agreements according to Abbott et al.?

Obligation (legal binding nature), Precision (clarity of rules), and Delegation (extent of authority granted to third parties for enforcement).

How do non-state actors like NGOs influence international law?

use advocacy and pressure to change state behavior and engage with legal frameworks, often promoting compliance with international norms despite lacking treaty-making power.

What role does reputation play in enforcing compliance with international law?

States are less likely to violate treaties due to concerns about damaging their credibility, particularly democracies which face higher reputational costs for non-compliance.

How do rebel groups engage with International Humanitarian Law (IHL)?

through mechanisms like Deeds of Commitment to gain legitimacy and recognition, even though they cannot formally ratify treaties.

What is the significance of the Helsinki Final Act (1975) regarding human rights?

a non-binding agreement that empowered NGOs to promote human rights, illustrating how soft law can effectively mobilize civil society.

What is the difference between hard law and soft law?

Hard law consists of legally binding agreements (e.g., WTO treaties), while soft law encompasses non-binding instruments with influence but lacking enforceability (e.g., UN declarations).

What does the concept of 'forum shopping' refer to in regime complexes?

when states or actors choose the most favorable institution or agreement within a regime complex to suit their interests.

How did the ICC's intervention impact civilian killings in Uganda?

reduced civilian killings by government forces, demonstrating the court's potential deterrent effect, despite its limitations in direct enforcement.

What challenges does the 'sanctioner's dilemma' present in enforcing international law?

involves the cost to enforcers when applying sanctions, as they may face economic losses while trying to deter violations.

What is Pacta Sunt Servanda?

the principle that treaties must be obeyed, foundational to the legitimacy of international agreements, as codified in the Vienna Convention on the Law of Treaties.

What are Jus Cogens?

peremptory norms in international law that allow no derogation, such as the prohibitions against genocide and torture.

What does Opinio Juris refer to?

belief that a practice is legally obligatory, forming a psychological element of customary international law.

Define Reciprocity in international relations.

the practice where states respond to non-compliance with non-compliance in kind, often enforced through mechanisms like trade sanctions.

What is Retaliation in the context of international law?

punitive measures taken against a state for violating international law, exemplified by NATO's intervention in Bosnia.

What role does Reputation play in compliance with international law?

a state's credibility in adhering to international commitments, influencing democracies to comply due to higher reputational costs for failure.

What is the difference between Hard Law and Soft Law?

Hard law refers to legally binding obligations (e.g., WTO agreements), while soft law includes non-binding but influential commitments (e.g., UN declarations).

What is a Regime Complex?

a set of partially overlapping and non-hierarchical institutions that govern a particular issue area, such as climate change.

How does Universal Jurisdiction apply to international law?

allows any state to prosecute severe crimes like torture and genocide, regardless of where the crime occurred.

What is Issue Linkage in international agreements?

the practice of combining multiple issues into a single negotiation to enhance cooperation benefits, as seen in trade agreements linked with human rights.

Explain Path Dependence in international law.

indicates how historical decisions and institutions shape future choices, often making reform difficult and influencing the design of new agreements.

Define Credible Commitment Theory.

suggests states can enhance their credibility by binding themselves to enforceable rules through international agreements.

What is the importance of Obligation in international agreements?

refers to the legal binding nature of rules within treaties, influencing states' adherence to agreements like the Kyoto Protocol.

What does Precision mean in the context of treaty design?

the clarity and specificity of rules in treaties, which helps mitigate ambiguity and facilitates compliance.

What is Delegation in international law?

the extent of authority granted to third parties for interpreting and enforcing rules in international agreements.

Differentiate between Horizontal Enforcement and Vertical Enforcement.

Horizontal Enforcement relies on states to enforce international law among themselves, while Vertical Enforcement involves third-party institutions like the ICC.

What is the Managerial School theory in international relations?

theorizes that cooperation, transparency, and assistance enhance compliance with international norms over punitive measures.

What does the term 'Spaghetti Bowl' refer to?

describes the complex web of trade agreements signed and under negotiation, primarily in the Americas.

Define Compliance in the context of international law.

the extent to which states adhere to treaty rules, although adherence does not guarantee effectiveness.

What is Enforcement in international law?

punishing violations of international law, such as sanctions imposed against states like South Africa during apartheid.

How does the World Trade Organization enforce compliance?

through dispute settlement mechanisms, with over 55% of disputes settling before a ruling.

What trends are observed in Rebel War Aims and IHL Compliance?

Studies show that secessionist groups are less likely to engage in civilian targeting compared to non-secessionist groups, impacting their IHL compliance.

Who are Moral Entrepreneurs in international relations?

individuals or groups advocating for social norms and values, often focusing on human rights and