International Law and Norms

These flashcards cover key concepts and terminology related to international law and norms, as discussed in the lecture notes.

International law

A body of rules that binds states and other agents in world politics and is considered to have the status of law.

International humanitarian law

A body of rules that seeks to limit the effects of armed conflict, protect noncombatants, and restrict means and methods of warfare for humanitarian reasons.

Customary international law

International law that develops slowly over time as states recognize practices as appropriate or correct.

Obligation

The degree to which states are legally bound by an international rule, requiring good faith performance and reparations if breached.

Precision

The degree to which international legal obligations are fully specified, allowing less room for interpretation.

Delegation

The extent to which third parties are given authority to implement, interpret, and apply international legal rules.

Norms

Standards of behavior for actors with a given identity, defining what actions are considered right or appropriate.

Norm entrepreneurs

Individuals or groups that advocate for principled standards of behavior for states and other actors.

Transnational advocacy network (TAN)

A set of individuals and NGOs acting in pursuit of a normative objective.

Norms lifecycle

A model describing how norms diffuse within a population and achieve widespread acceptance.

Boomerang model

A process through which NGOs in one state activate transnational linkages to exert pressure on their own governments.

International Court of Justice (ICJ)

The UN’s principal judicial organ, with jurisdiction requiring state consent and binding but weak enforcement.

International Criminal Court (ICC)

An institution that investigates and tries individuals charged with grave international crimes, limited to actions after 2002.

Sovereignty

The principle that states have supreme authority within their territory without recognition of higher authority.

Responsibility to Protect (R2P)

A norm asserting that states must protect populations from mass atrocities, with the international community intervening when they fail.

Nonderogable rights

Rights that cannot be suspended under any circumstances, even in emergencies.

Transitional justice

Mechanisms for addressing past human rights violations to ensure accountability and reconciliation.

Tragedy of the commons

A problem where shared resources are depleted due to individual self-interest leading to collective destruction.

Externalities

Costs or benefits from an actor's decision that affect stakeholders outside the decision maker, leading to suboptimal outcomes.

Public goods

Resources that are non-rival and non-excludable, such as clean air, available to all without reducing availability.

International law across what 3 dimensions?

Obligation, Precision, Delegation

What is a fundamental tension International Law Confronts?

• States are sovereign – they recognize no higher authority

• Yet, international law claims to bind states

Why do states comply with International Law?

• Reciprocity & Long term interests

• Reputation matters

• Coordination Benefits

• Domestic Politics

2 Types of international Courts

• International Court of Justice (ICJ)

• International Criminal Court (ICC)

International Court of Justice (ICJ)

·      The UNs principal Judicial organ

·      Jurisdiction requires state’s consent

·      Decisions are binding but enforcement is weak

·      Only states may be parties to contentious cases

International Criminal Court (ICC)

·      Investigates and, where warranted, tries individuals charged with the gravest crimes of concerns to the international community: genocide, war crimes, crimes against humanity and the crime of aggression

·      Only for crimes committed after 2002

·      Limited jurisdiction

·      Major power(China, Russia, USA) are not parties

What contemporary challenges does International Law face?

• Rise of non-state actors

• Power disparities

• Sovereignty concerns

• Fragmentation

International law

A body of rules that binds states and other agents in world politics and is considered to have the status of law.

International humanitarian law

A body of rules that seeks to limit the effects of armed conflict, protect noncombatants, and restrict means and methods of warfare for humanitarian reasons.

Customary international law

International law that develops slowly over time as states recognize practices as appropriate or correct.

Obligation

The degree to which states are legally bound by an international rule, requiring good faith performance and reparations if breached.

Precision

The degree to which international legal obligations are fully specified, allowing less room for interpretation.

Delegation

The extent to which third parties are given authority to implement, interpret, and apply international legal rules.

Norms

Standards of behavior for actors with a given identity, defining what actions are considered right or appropriate.

Norm entrepreneurs

Individuals or groups that advocate for principled standards of behavior for states and other actors.

Transnational advocacy network (TAN)

A set of individuals and NGOs acting in pursuit of a normative objective.

Norms lifecycle

A model describing how norms diffuse within a population and achieve widespread acceptance.

Boomerang model

A process through which NGOs in one state activate transnational linkages to exert pressure on their own governments.

International Court of Justice (ICJ)

The UN’s principal judicial organ, with jurisdiction requiring state consent and binding but weak enforcement.

International Criminal Court (ICC)

An institution that investigates and tries individuals charged with grave international crimes, limited to actions after 2002.

Sovereignty

The principle that states have supreme authority within their territory without recognition of higher authority.

Responsibility to Protect (R2P)

A norm asserting that states must protect populations from mass atrocities, with the international community intervening when they fail.

Nonderogable rights

Rights that cannot be suspended under any circumstances, even in emergencies.

Transitional justice

Mechanisms for addressing past human rights violations to ensure accountability and reconciliation.

Tragedy of the commons

A problem where shared resources are depleted due to individual self-interest leading to collective destruction.

Externalities

Costs or benefits from an actor's decision that affect stakeholders outside the decision maker, leading to suboptimal outcomes.

Public goods

Resources that are non-rival and non-excludable, such as clean air, available to all without reducing availability.

International law across what 3 dimensions?

Obligation, Precision, Delegation

What is a fundamental tension International Law Confronts?

• States are sovereign – they recognize no higher authority

• Yet, international law claims to bind states

Why do states comply with International Law?

• Reciprocity & Long term interests

• Reputation matters

• Coordination Benefits

• Domestic Politics

2 Types of international Courts

• International Court of Justice (ICJ)

• International Criminal Court (ICC)

International Court of Justice (ICJ)

• The UN’s principal Judicial organ

• Jurisdiction requires state’s consent

• Decisions are binding but enforcement is weak

• Only states may be parties to contentious cases

International Criminal Court (ICC)

• Investigates and, where warranted, tries individuals charged with the gravest crimes of concerns to the international community: genocide, war crimes, crimes against humanity and the crime of aggression

• Only for crimes committed after 2002

• Limited jurisdiction

• Major power(China, Russia, USA) are not parties

What contemporary challenges does International Law face?

• Rise of non-state actors

• Power disparities

• Sovereignty concerns

• Fragmentation

Rise of non-state actors

A contemporary challenge to international law, as traditional international law primarily focuses on states.

International law

A body of rules that binds states and other agents in world politics and is considered to have the status of law.

International humanitarian law

A body of rules that seeks to limit the effects of armed conflict, protect noncombatants, and restrict means and methods of warfare for humanitarian reasons.

Customary international law

International law that develops slowly over time as states recognize practices as appropriate or correct.

Obligation

The degree to which states are legally bound by an international rule, requiring good faith performance and reparations if breached.

Precision

The degree to which international legal obligations are fully specified, allowing less room for interpretation.

Delegation

The extent to which third parties are given authority to implement, interpret, and apply international legal rules.

Norms

Standards of behavior for actors with a given identity, defining what actions are considered right or appropriate.

Norm entrepreneurs

Individuals or groups that advocate for principled standards of behavior for states and other actors.

Transnational advocacy network (TAN)

A set of individuals and NGOs acting in pursuit of a normative objective.

Norms lifecycle

A model describing how norms diffuse within a population and achieve widespread acceptance.

Boomerang model

A process through which NGOs in one state activate transnational linkages to exert pressure on their own governments.

International Court of Justice (ICJ)

The UN’s principal judicial organ, with jurisdiction requiring state consent and binding but weak enforcement.

International Criminal Court (ICC)

An institution that investigates and tries individuals charged with grave international crimes, limited to actions after 2002.

Sovereignty

The principle that states have supreme authority within their territory without recognition of higher authority.

Responsibility to Protect (R2P)

A norm asserting that states must protect populations from mass atrocities, with the international community intervening when they fail.

Nonderogable rights

Rights that cannot be suspended under any circumstances, even in emergencies.

Transitional justice

Mechanisms for addressing past human rights violations to ensure accountability and reconciliation.

Tragedy of the commons

A problem where shared resources are depleted due to individual self-interest leading to collective destruction.

Externalities

Costs or benefits from an actor's decision that affect stakeholders outside the decision maker, leading to suboptimal outcomes.

Public goods

Resources that are non-rival and non-excludable, such as clean air, available to all without reducing availability.

International law across what 3 dimensions?

Obligation, Precision, Delegation

What is a fundamental tension International Law Confronts?

• States are sovereign – they recognize no higher authority
• Yet, international law claims to bind states

Why do states comply with International Law?

• Reciprocity & Long term interests

• Reputation matters

• Coordination Benefits

• Domestic Politics

2 Types of international Courts

• International Court of Justice (ICJ)

• International Criminal Court (ICC)

International Court of Justice (ICJ)

• The UN’s principal Judicial organ

• Jurisdiction requires state’s consent

• Decisions are binding but enforcement is weak

• Only states may be parties to contentious cases

International Criminal Court (ICC)

• Investigates and, where warranted, tries individuals charged with the gravest crimes of concerns to the international community: genocide, war crimes, crimes against humanity and the crime of aggression

• Only for crimes committed after 2002

• Limited jurisdiction

• Major power(China, Russia, USA) are not parties

What contemporary challenges does International Law face?

• Rise of non-state actors

• Power disparities

• Sovereignty concerns

• Fragmentation

Rise of non-state actors

A contemporary challenge to international law, as traditional international law primarily focuses on states.

Power disparities as a challenge to international law

A contemporary challenge where the unequal distribution of power among states can hinder the enforcement, development, and compliance with international law.

Sovereignty concerns as a challenge to international law

A contemporary challenge where the principle of state sovereignty can conflict with the binding nature and interventionist aspects of international law, especially in areas like human rights.

Fragmentation as a challenge to international law

A contemporary challenge characterized by the increasing number of specialized international legal regimes, courts, and institutions, which can lead to overlapping jurisdictions, inconsistencies, and difficulties in maintaining a coherent international legal order.

What is climate change? (UN definition)

Long-term shifts in temperatures and weather patterns, primarily due to human activities like burning fossil fuels since the 1800s.

What is climate change? (NASA definition)

A long-term change in average weather patterns defining Earth’s local, regional, and global climates, with broad observed effects.

Why does climate change matter?

Long-term changes can disrupt many aspects of society through warmer temperatures, extreme weather, and intense heat events.

How can warmer average temperatures disrupt society?

They could increase air conditioning costs and affect the spread of diseases (e.g., Lyme disease).

How can extreme weather affect society?

More frequent and intense extreme heat events can increase illnesses and deaths, and damage crops. Intense storms can damage property, cause loss of life, displacement, and disrupt essential services.

Why is climate change difficult to solve?

• It affects all countries differently.

• Conflicting interests over who bears mitigation costs.

• Lack of a central, sustained international authority to manage environmental issues.

Tragedy of the commons

A problem where an open access resource is depleted because individuals lack incentive to conserve, leading to degradation (e.g., overgrazing, overfishing, atmospheric pollution).

What are the two characteristics for categorizing goods?

Excludability and Rivalry.

Excludable goods

Goods where people can be prevented from using them.

Non-excludable goods

Goods where it is difficult or impossible to prevent people from using them.

Rival goods

Goods where one person’s consumption reduces the amount available for others.

Non-rival goods

Goods where one person’s consumption does not diminish the quantity available for others.

What are the four categories of goods?

Private goods, Common-pool resources, Club goods, Public goods.

Private goods

Both rival and excludable (e.g., your car).