1.1 International Law

International , domestic, primitive, natural & positive, paradigms, historical milestones

Public International Law

System of rules that governs the behavior of states in their relationships with each other

5 foundations for International Law

TRLCW (Try reading legislative court writings)

1. International treaties signed by states

2. International customary rules based on established state practice

3. Generally accepted legal principles

4. Court decisions

5. Writings of famous legal scholars

4 basic principles of international law

SECP (Sir, eat canned p—)

1. Sovereignty

2. Sovereign equality of states

3. State consent

4. Pacta sunt servanda

5 characteristics of domestic law

1. Vertical/hierarchical structure with one government

2. 3 branches of government with a clear function/power

3. 1 set of laws

4. 1 court system

5. 1 enforcer

4 characteristics of international law

1. Horizontal system with many sovereign and equal units

2. No global ruler/enforcer

3. Self-help

4. States are jealous of their independence and freedom

What can international law be seen as a form of?

Primitive law

6 characteristics of primitive law

1. Unwritten rules

2. Rules regulate only a small part of social life

3. Lots of discretion in interpreting and applying rules

4. Self-help is the principal remedy

5. Force is the most frequent tool of self-help

6. “Blood revenge”: collective responsibility

How may international law evolve like primitive law evolved into modern domestic law?

Clearer, written rules that cover most aspects of international affairs, less discretion in applying rules, more universal courts with compulsory jurisdiction, better and more consistent enforcement, less room/need for self-help and force

Who said, “Almost all nations observe almost all principles of international law and almost all of their obligations almost all the time”

Louis Henkin

10 reasons why states comply with PIL

1. Self-interest

2. Bureaucratic inertia makes it hard to deviate from routine

3. Influence of lawyers

4. Reciprocity

5. Weight of legitimacy

6. Political/reputational costs of non-compliance

7. Legal sanctions by counterparty

8. Legal sanctions by international community

9. “Common Good” and need to achieve it

10. Flexibility of PIL makes outright violations unnecessary

12 historical milestones which impacted the development of international law

1. 1648 Peace of Westphalia

2. 1789 French Revolution

3. 1799 beginning of Napoleonic wars

4. 1815 end of Napoleonic wars, beginning of Concert of Europe

5. 1914-1918 Great War (WWI)

6. 1919 League of Nations and PCIJ are created

7. 1928 Kellogg Briand Pact (Paris Pact)

8. 1939-45 WWII

9. Holocaust

10. 1945 United Nations and ICJ (World Court)

11. 1945-46 Nuremberg trials and Tokyo trials

12. 1947-89 Cold War

WWI: Central and Entente powers

Central: Germany, Austria-Hungary, Ottoman Empire

Entente: France, UK, Italy, Russia (until 1917), US (from 1917)

What does anarchic mean?

Without ruler

What are pariah states?

States that have been “isolated” because of their constant violation of international law or trade deals

Natural law

God-created and good laws; consistent with basic principles of goodness and morality

Developed with morals and philosophy; passive observers

Positive law

Rationally arrived at by humans; replaced natural law, has state consent, and is somewhat based on morality

Who are 2 jurists that contributed to the founding of International law? What did they do?

Hugo Grotius (Dutch): reconciled aspects of natural law with positive law and helped uphold “freedom of the seas”

Emmerich De Vattel (Swiss): authored one of the first comprehensive treaties of international law, “The Law of Nations”

Why was the Peace of Westphalia of 1648 important?

Ended the 30-years war and thus brought back stability based on national sovereignty

Why was The Westphalian State System important?

It weakens power of the church in Europe

“Terra Nullius”

Land of nobody

There are areas of the world that are not inhabited by a sovereign and creates a premise of imperial expansion

“Capitulation System”

Recognized as national sovereignty, but also a hierarchy based on money, power, rooted tradition

In chapters of treaties

What does capitulate mean?

Defeat; given up sovereignty

Why was the French Revolution important?

Showed the world freedom, liberty, and equality

Why were the Napoleonic wars important?

Showed the world that Europe should have a system of rules for stability

What are the 7 tenets of Realism?

1. State is the principal actor in international relations

2. International system is anarchic

3. Perpetual mistrust and insecurity

4. Need to resort to self-help

5. States seek power (to enhance security)

6. Ceaseless competition increases likelihood of conflict

7. Power/military law trumps international law

What are the 6 tenets of Liberalism?

1. States can change

2. Even self-interested states may seek cooperation

3. Anarchy and its effects (insecurity and uncertainty) can be mitigated

4. States do not always act as a rational unitary actor

5. There are other international actors and issues that are important in international relations

6. Transitional dynamics make sovereignty porous

How are the effects of anarchy in the international system mitigated by Liberalism?

1. Domestic democratic institutions are less likely to seek out conflict

2. International free trade makes military conflict counterproductive

3. Strengthening international law reduces uncertainty and facilitates cooperative behavior

4. Establishing international institutions supports cooperation

What are the 5 tenets of Constructivism?

1. Reality is what we make of it; not independent of the observer

2. Shared ideas and beliefs affect how we perceive the world, interests, and priorities

3. Ideas and beliefs are formed through interactions with others

4. Each state elaborates and interprets its interests and priorities shaped by their beliefs and ideas

5. Each state has different interests and priorities

What does PCIJ stand for?

Permanent Court of International Justice

What was created in 1919? What were the goals?

League of Nations and PCIJ

Wanted to have peaceful resolutions of international disputes to avoid war and preserve peace and security

What was the 1928 Paris Pact (Kellogg-Briand Pact)?

An international treaty signed by the US and France saying that they are committed to renounce war as an instrument of

national policy

How did WWII start? When was it?

1939-1945

Nazi Germany invaded Poland

Who were the axis powers? Allies?

Axis:

• Nazi Germany

• Fascist Italy

• Imperial Japan

Allies:

• UK

• France

• USSR (from 1941)

• US (from 1941)

When were the Nuremberg Trials and the Tokyo Trials? What were they?

1945-1946

International trials administered by the Allies and put Nazi officials and military leaders on trial

When was the UN found? ICJ?

1945

What did the UN and ICJ replace?

League of Nations and the PCIJ

When was the Cold War? What was it?

1947-1989

A 40-year rivalry between the US and the USSR