Exam+3+Study+Guide+%28POSC020%29-3

STUDY GUIDE: Law & Environment

Disclaimer

• This study guide is a tool for reviewing key concepts and topics from the international political economy module for the second World Politics exam.

• It is not exhaustive and should not replace reading textbooks, reviewing lecture slides, or other study methods.

• It emphasizes conceptual understanding and connections between major ideas.

• Users are encouraged to identify questions for discussion sections or office hours.

INTERNATIONAL LAW Key Concepts

• International Law: A set of rules and agreements governing relations between countries.

• International Humanitarian Laws (Laws of War): Rules of war protecting those not participating in hostilities.

• Customary International Law: Established practices followed by states out of a sense of legal obligation.

• Obligation: The degree to which states or actors must legally follow a rule or agreement.

• Precision: Clarity of laws to prevent misinterpretation.

• Delegation: Assignment of authority to institutions (e.g., courts) for enforcement.

• Norms: Shared expectations about state behavior.

• Norms Entrepreneur: An individual or group promoting new norms to change state behavior.

• Transnational Advocacy Networks (TAN): Group of activists advocating for specific issues across borders.

• Private Authority: Non-state actors exercising influence without governmental sanction.

• Boomerang Model: Process whereby domestic groups bypass government to engage international actors.

Two Mechanisms of International Law

1. Customary Law:

   • Develops over time through state practice.

   • Not codified in a document.

2. Treaty-Based Law:

   • Established through negotiated agreements.

   • Clearly defined and formalized.

Three Key Characteristics of International Law as Rules

• Obligation: States must adhere to rules.

• Precision: Laws require specificity for clarity.

• Delegation: Authority granted to institutions for enforcement purposes.

• Soft Law: Non-binding guidelines that influence behavior.

• Hard Law: Legally binding agreements.

Key Differences between Norms and Customary Law

• Norms:

  • Shared expectations, not always legally binding; can shape behavior (e.g., R2P).

• Customary International Law:

  • Legally binding practices based on consistent state behavior (e.g., prohibition of slavery).

  • Life Cycle of Norms: Emergence, Cascade, Internalization.

Questions on International Law

1. Define international law and its relationship with state sovereignty.

2. Contrast customary international law with treaty-based laws with examples.

3. Discuss the three characteristics of international law (obligation, precision, delegation) and their effects on compliance.

4. Differentiate between hard law and soft law; can soft law evolve into hard law?

5. Evaluate the effectiveness of international law in shaping state behavior, including compliance challenges.

HUMAN RIGHTS Key Concepts

• Human Rights: Fundamental rights and freedoms for all individuals, such as free speech and life.

• Universal Declaration of Human Rights (UDHR): Foundational human rights document adopted post-WWII.

• International Covenant on Civil and Political Rights (ICCPR): Protects rights in civil and political issues.

• International Covenant on Economic, Social, and Cultural Rights (ICESCR): Addresses economic, social, and cultural rights.

• International Bill of Rights: Collection of key human rights documents, including the UDHR, ICCPR, and ICESCR.

• Nonderogable Rights: Rights that cannot be suspended under any circumstances.

• Prisoners of Conscience (POC): Individuals imprisoned for their beliefs.

• Individual Petition: Process for individuals to file complaints regarding human rights violations.

Key Differences between Human Rights and Other Legal Rights

• Human Rights:

  • Universal and inalienable, recognized globally.

• Other Legal Rights:

  • Often country-specific and can be alienable.

Historical Development of Human Rights

• UDHR: Established after WWII due to wartime atrocities.

• ICCPR: Introduced in 1966 to address additional rights. supported by 1st world/usa

• ICESCR: Also established in 1966, reflecting values of economic rights. supported by 2nd world/communist

Questions on Human Rights

1. Define human rights and differentiate them from other legal rights.

2. Explore the historical evolution of human rights law and the differences between ICCPR and ICESCR.

3. Define nonderogable rights and provide examples.

4. Identify reasons states violate human rights and influencing factors.

5. Discuss why states sign human rights treaties and the influence of domestic groups.

6. Analyze barriers to human rights enforcement and affecting factors.

7. Weigh the pros and cons of transitional justice for addressing past violations.

8. Consider individual petitioning to international bodies regarding human rights violations.

9. Evaluate the effectiveness of the International Criminal Court (ICC) in prosecuting serious crimes.

10. Analyze the impact of material interests on human rights processes.

ENVIRONMENTAL POLITICS Key Concepts

• Global Climate Change: Long-lasting alterations in temperature and climate patterns.

• United Nations Framework Convention on Climate Change (UNFCCC): Framework for international cooperation on climate change.

• Paris Agreement: 2015 pact to limit global warming by reducing greenhouse gas emissions.

• Common-Pool Resources: Resources shared by many, prone to overuse.

• Kyoto Protocol: International treaty focusing on reducing greenhouse gases.

• Vienna Convention for the Protection of the Ozone Layer: Aim to protect the ozone layer from depletion.

• Montreal Protocol: Treaty to phase out substances harmful to the ozone layer.

• Nationally Determined Contribution (NDC): Each country's plan under the Paris Agreement.

• Externalities: Costs or benefits incurred by others not involved in a transaction.

• Tragedy of Commons: The overuse of shared resources leading to depletion.

Questions on Environmental Politics

1. Differentiate between public goods, common property goods, and private goods in global politics.

2. Identify challenges in resolving environmental issues based on the nature of environmental goods.

3. Examine the role of international institutions in environmental governance and compliance.

4. Investigate how states combine public goods promotion with private incentives for cooperation.

5. Discuss how domestic politics influence environmental policy and the key actors involved.

6. Analyze the disproportionate impact of global climate change on developed vs. developing countries.

7. Assess the effectiveness of various international environmental agreements in addressing issues.

8. Explore the broader role of international institutions in fostering cooperation on transnational challenges.

9. Discuss the political and economic trade-offs in international law, human rights, and environmental cooperation.

10. Apply theoretical concepts like collective action problems and norms diffusion to real-world challenges.