POL S 347_ Politics of International Law - Final Exam Study Guide

Reciprocity

A principle where states respond to non-compliance with non-compliance in kind.

Retaliation

Punitive measures taken against a state for violating international law.

Hard Law

Legally binding and enforceable obligations in international agreements.

Soft Law

Non-binding but influential commitments in international governance.

Regime Complex

An interconnected array of institutions governing a particular issue area without a clear hierarchy.

Non-State Actors (NSAs)

Entities like NGOs and corporations that influence international law despite lacking formal state status.

Universal Jurisdiction (UJ)

The principle that certain severe crimes can be prosecuted by any state, regardless of nationality.

Forum Shopping

The practice of choosing the most favorable jurisdiction for a legal dispute or an agreement within regime complexes.

Commitment Devices

refers to a mechanism or strategy used by states (or other actors) to make their promises or agreements more credible and reliable, thereby increasing the likelihood of compliance and cooperation. Example: a treaty or agreement where states agree to specific actions or obligations,

The Three R’s

Reciprocity, Retaliation, and Reputation, key mechanisms driving compliance with international law.

Obligation

The degree to which rules are legally binding on states.

Precision

The clarity and specificity of rules, reducing ambiguity and facilitating compliance.

Delegation

The extent of authority given to third parties for the enforcement of rules.

Vertical Enforcement

Enforcement mechanisms that involve third-party institutions like international courts.

Horizontal Enforcement

Enforcement mechanisms relying on states to enforce international law without central authority.

Managerial School

A theory that believes countries are more likely to comply with international rules through cooperation, transparency, and assistance, rather than punishment.

Enforcement School

A theory that argues compliance with international rules requires strict penalties and monitoring, as countries won’t cooperate deeply without enforcement.

Credible Commitment Theory:

The idea that states can signal their commitment to international agreements by binding themselves to enforceable rules, thereby increasing the credibility of their commitments.

Issue Linkage:

The practice of combining multiple issues into a single negotiation or agreement to increase the benefits of cooperation. Example: Linking trade agreements with human rights provisions, as seen in some Preferential Trade Agreements (PTAs), can incentivize states to comply with human rights norms.

Example of a regime complex.

United Nations Framework Convention on Climate Change (UNFCCC), The Paris Agreement, Kyoto Protocol

Example of hard law vs. soft law in environmental agreements.

Kyoto Protocol vs Paris Agreement

Example of soft law and the role of civil society.

Helsinki Final Act:

Kyoto Protocol on Climate Change

aimed to reduce greenhouse gas emissions. The protocol’s effectiveness was limited by its hard law design

International Humanitarian Law

a set of rules that seek to limit the effects of armed conflict for humanitarian reasons, protecting civilians

International Courts

judicial bodies that adjudicate disputes between states and interpret international law. Such as the International Court of Justice (ICJ) and the International Criminal Court (ICC).

Hamdan v. Rumsfeld

a landmark Supreme Court case that challenged the legality of military commissions set up by the Bush administration to try detainees at Guantanamo Bay, ultimately ruling that they violated both U.S. law and the Geneva Conventions.

Amnesty International

Example of NGOs promoting compliance with human rights treaties.

World Trade Organization (WTO)

an intergovernmental organization that regulates international trade by providing a framework for negotiating trade agreements and resolving trade disputes among member countries.

Geneva Call

an international NGO that works to promote respect for humanitarian norms in armed conflict, particularly by engaging non-state armed groups to adhere to the Geneva Conventions. (IHL)

International Criminal Court (ICC) and Uganda

The International Criminal Court (ICC) intervened in Uganda to prosecute individuals for war crimes, including the use of child soldiers. The ICC’s presence led to a reduction in civilian killings by government forces, demonstrating its potential to deter atrocities.

Domestic Enforcement

The process by which national governments implement and uphold international laws and obligations within their own legal systems, ensuring compliance and accountability.

Design

The framework and planning involved in creating legal instruments or international agreements, outlining the Obligation, Precision, and Delegation.

Legalization

The process of formalizing norms and rules in international relations, making them binding and enforceable within legal frameworks.

Reputation Costs:

The potential loss of credibility and trust that a state may face in the international arena as a result of failing to adhere to international norms or agreements, which can impact future diplomatic and economic relations.

The Spaghetti Bowl

A complex network of overlapping trade agreements in the Americas that creates a confusing and fragmented system for international trade, often leading to increased tariffs and trade barriers.

moral entrepreneurs

Individuals or groups who seek to influence social norms and values through advocacy, often promoting issues related to human rights and social justice in the international arena.

C-E-E:

Compliance - the extent of conformity between an actor's behavior and the specified rules of the agreement. enforcement - the extent to which non-compliance is punished. effectiveness - the extent of change in behavior due to the agreement that furthers

Santioner’s Dilemma:

The challenge faced by states that want to impose sanctions on a target state while balancing the potential negative effects on their own economy and international relationships. It often involves deciding whether the benefits of sanctions outweigh the costs.

Enforcement:

The process of ensuring compliance with international laws or agreements, often through punitive measures against violators.