Chapter 11 (FOUNDATIONS OF INTL. RELATIONS)

Chapter 11 (FOUNDATIONS OF INTL. RELATIONS)

Understanding International Law

Definition and Nature of International Law

• International law is a system of norms that are a social practice and professional culture that evolves over time.

• It includes techniques, traditions, institutions, and ideologies that differ significantly from domestic laws.

• It engages various state and non-state actors in regulating different aspects of international life.

Key Questions

• How do international legal norms influence the behavior of global actors?

• Why do states comply with international law despite the principle of sovereignty, which suggests no higher authority above the state?

Characteristics of International Law

Sovereignty

• The principle of sovereignty signifies that states have the highest authority over their territories and populations.

• States are only bound by norms they consent to, leading to complexities in the effectiveness of international law.

Compliance and Influence

• International law’s effectiveness can be challenging to measure, given that its authority is rooted in state consent.

• Despite challenges, many states follow customary and conventional rules based on their interactions and commitments to international norms.

• Historical claim: "Almost all nations observe almost all principles of international law almost all of the time" (Henkin 1979).

Exploration of Legal Foundations

Historical Perspectives

• Hugo Grotius posited that the law of nations derives its authority from the collective consent of many nations; it reflects customs validated through experience.

• Oppenheim described international law as the body of customary and conventional rules binding on ‘civilized’ states in their interactions.

Evolution of International Law

• Contemporary views suggest that the role of the individual in international law has grown, challenging state sovereignty.

• As scholarship develops, international law becomes seen as a nuanced system of norms rather than a rigid structure.

Structure of International Law

Types of Law

1. Domestic Law: Governs individuals within a state based on national legislation.

2. Regional Law: Such as EU law, which specifically addresses states in a geographic region.

3. Public vs. Private International Law:

   • Public international law governs interactions between states and includes treaty laws, human rights, and humanitarian law.

   • Private international law deals with conflict of laws in cross-border matters.

Principles of International Law

Use of Force

• The UN Charter under Article 2:4 prohibits the use of force, recognizing exceptions like self-defense or UN Security Council authorization (Article 51).

Humanitarian Law

• International humanitarian law (IHL) regulates conduct during armed conflicts, protecting individuals and delineating permissible actions in warfare.

Interplay of International Norms

Global Actors

• States, international organizations, NGOs, and individuals contribute to creating, interpreting, and enforcing international norms.

• Notable contributions include UN initiatives, humanitarian principles, and the promotion of human rights.

Soft Law and Non-State Actors

• 'Soft law' refers to standards and principles that, while not legally binding, influence behavior (e.g., UN resolutions).

• Non-state actors, such as NGOs, can shape international norms and provide alternative interpretations of law.

Accountability and Enforcement

Individual Criminal Responsibility

• The International Criminal Court (ICC) is tasked with prosecuting individuals for international crimes, challenging traditional state sovereignty.

• The Rome Statute established a framework for accountability, although many powerful states are non-signatories.

Case Studies and Current Issues

JCPOA Example

• The Joint Comprehensive Plan of Action (JCPOA) outlines the nuclear agreement with Iran, illustrating the complex relationship between law, politics, and state behavior.

• The Trump administration's withdrawal from the JCPOA highlights how domestic politics can affect international agreements.

Changing Norms

• The principle of the Responsibility to Protect underscores the evolving nature of international law as it adapts to new global challenges (e.g., humanitarian crises).

Conclusion

• While international law is influenced by the power dynamics of states, it also provides a framework for upholding rights and providing avenues for conflict resolution.

• The future of international law involves recognizing its imperfections while understanding its ongoing evolution in a complicated global landscape.

Reflection Questions

1. How does theoretical perspective influence the assessment of international law?

2. Can perceived weaknesses in international law present advantages in certain contexts?

3. In what ways can states and non-state actors from outside the West shape the international legal order?

4. Does the interaction between domestic, regional, and international laws justify considering a transnational law?

5. How is the international legal order evolving, and what factors provoke these changes?