international law

what is intl law?

a set of principles, rules, and agreements that regulate the behvaior of states and other intl actors

how is the UN successful?

it has broad participation and therefore legitimacy

can we outlaw war?

no

how and why did intl law emerge?

the first signs of international law came from Hugo Grotius in the 1600s because he wanted to regulate and limit war in order to preserve natural rights

why do we need intl law?

1. we need to bring order to an intl system of anarchy (no higher power above)

2. it gives us a secure intl government

3. need for conflict resolution

4. we need to coordinate domestic policies in an intl world

why cant war be outlawed?

people go to war anyway, even if its illegal

can we impose a hierarchy in the intl system?

marxists would say yes bc the rich states control everything

how is the UN helpful?

it gives states a space to talk things out before conflict arises

league of nations

an attempt at intl law post wwi but it failed bc it lacked legitimacy and broad participation

united nations

founded 1948, is legitmate bc it has broad participation (193/206 states), six principle groups, secuirty council is arguably the most important/prevelant one

six parts of the UN

1. general assembly (all states)

2. security council (most powerful states + some smaller ones)

3. economic and social council

4. trusteeship council

5. intl court of justice

6. secretariat (adminsitration)

secretary general of UN

Antonio Guterres

UN security council

only body that can make binding decisions relating to intl security and that can override a state’s sovereignty, 5 permanent members + 10 nonpermanent members

5 permanent security council memebers

US, UK, France, Russia, China

10 nonpermanent security council members

selected for their regional coverage, 5 are chosen each year (2 yr “terms”)

UN security council voting

each state gets 1 vote, procedrual issues need 9/15, substantive issues need 9/15 + no big 5 vetos

substantive issues

issues with grave consequences, like violating the sovereignty of another state

relationship between UN and intl law

UN has helped develop intl law and sponsored more than 500 multilateral treaties and conventions dealing with issues around the worlds (all those videos we watched that one day)

supernationalism

delegation of authority from sovereign states to intl institutions/organizations

what is the principle of jurisdiction?

how far the law can reach and the right/authority to make decisions and apply justice within a determined area of responsibility

what are the sources of intl law?

treaties, cusotms, general principles, and the actions of courts and other intl organizations

1998 permanent court of arbitration (pca)

example of an intl law institution, it ruled a certain territory belonged to yemen and the other state (eritrea) backed off bc it was a decision of intl court

intl treaties

treaty between more than one state (ex. 2018 US+Brazil made a treaty on teh peaceful use of outer space)

intl customary law

diplomats abroad have diplomatic immunity g

general principles of law

an intl government is supposed to be honored in wahtever they say

customary law

law derived from past practices of sovereign states in the absence of repeated objections from other states (if it aint broke and no one is saying it is, then dont fix it)

equity

need to be balanced and impartial

aggression

an attack by a state aiming at retribution, expansion, or conquest

what is the freedom of the seas principle?

Grotius said that a states sovereignty ends at the edge of its territorial waters and that states have a right to travel by sea to trade with other states

what are crimes against humanity?

arbitrary arrests for political reasons, systemic rape, torture, or the deliberate killing/injury of civillians

why did the league of nations fail?

it lacked broad participation

what is the intl court of justice?

court created by the UN to settle legal disputes submitted to it by the states and to give opinions on legal questions defferred to it by authorized UN organs and specialized agencies

jus gertium

early model of intl law, a codification of roman law, focused on natural law/rules that reflected universal interests

intl waters

oceas, seas, and waters outside national jurisdiction (open to all states)

exclusive economic zone

200 mi/370 km from a states shore is their jurisdiction

just war

concept claiming war is unjustifiable our of moral principles bu when war does break out it has to be conducted ethically

hague conference 1899

attempted to outlaw war

second hague conference

outlined the laws of war

hague conference laws of war

1. a state must actually declare war so everyone involved is aware

2. state can visit and search enemy merchant ships

3. states can seize enemy cargo

4. states can attack/destroy enemy military forces/equipment

5. prisoners of war have rights

6. no poisoned gas is allowed

armstice

suspension of hostilities (ex. in wwii christmas was an armstice)

neutrality

rejection of any formal militayr/political alliance

international committee of the red cross

at the geneva conventions, it lealized the rights of POW and wounded civillians/noncombatants

human rights

fundemental rights of all people regardless of race, sex, religion, etc.

genocide

deliberate extermination/prosecution of a certain nationality/ethnicity/religious population/etc.

why has the US not joined the intl criminal court?

under clinton we signed to join but didnt think the court would actually come to existence so he never sent for senate ratification so we just never joined

have there been any attempts to ban war globally?

yes, hague conference 1899

what is universal jurisdiction?

government/political officials and those with diplomatic immunity who perpetrate heinous crimes against their own people should not be able to escape justice when they leave their countries (basically officials can’t commit crimes against their own people and then flee the country and then invoke diplomatic immunity wherever they are to escape persecution)

why are perceptions of international law important in international relations?

who states perceive intl law is how they are going to follow them

what are the most significant outcomes of the kosovo case?

kosovo declared itself an independent state

what is care ethics in intl relations?

emphasizes importance of interpersonal relationships, empathy, and responsibility towards others in the context of conflict resolution, basically the HR of intl law

realist view on intl law

• assumes sovereign states have no higher authority, not even intl law

• without enforcement, intl law is ineffective

• intl law can rule over states but shouldnt be able to infringe on their core interests like security

• when breaches of intl law occur, if it doesnt concern a states national interest the breaches are usually ignored

international mandate

legal permission to administer a territory or enforce intl law

liberal view on intl law

• states can manage their relations based on shared principles

• intl institutions play a bigger role in intl affairs by applying principles of extraterritoriality and supernationalism

• a states ability to declare war should be limited

• only sovereign states can pursue goals through war

  • war is only justified when the principle of proportionality is used in force

• even states at war should respect human rights, honesty, and mercy

extraterritoriality

exemption from the jurisdiction of local law (applies to head of states, diplomats, and foreign military bases)

supernational organization

multistate political union to which states willingly delegate some of their power/security

alternate views of intl law

• constructivists- common values of social improvement and the desire to eliminate hunger and diseases and to stop genocide could be the foundation for an efficient intl legal system

• marxists- intl law is consistently used to promote the interests of the nuclear states of europe and north america

• feminists- intl law has had an exclusively masculine perspective that focuses on power, use of force, and ultimately ends in war (women ahven’t been invited to the conversation)

autocratic rulers

leaders who ar eunrestrained in power and who follow intl and domestic law only if they want to, they often refer to their countries religion/ideology to justify their actions

tyrant

ruler who uses unlimited power to oppress the people in their state or its foreign possessions

democratic leaders

leaders who treat the letter and spirit of the law as the core of their domestic and foreign poliyc

east african community (eac)

economic and political union between tanzania, uganda, burundi, kenya, south sudan, and rwanda

what are the two exceptions to article 2(4) of the UN charter?

security council override or self defense

un charter article 2(4)

all states should refrain from using force that violates the territorial integrity/political independence of another state

what is the icty’s purpose?

to have jurisdiction over genocide and war crimes and other crimes in the territory of croatia, bsonia, and herzegovinadoe

does intl law apply the same to wealthy and poor states?

marxists would say no bc wealthy states have more influence on intl law (UN)