lecture recording on 25 February 2025 at 15.12.48 PM

Sound Check and Class Introduction

• Professor expresses relief at the microphone working for the lecture.

• Mentions the attendance on exam day and how good it is to see students.

• Reports that TAs are grading the second exam, indicating higher averages are expected.

• Introduces the topic for today as international law.

Course Advertisement

• Announcements for future classes, specifically mentioning a course on labor mobilization in the fall.

Overview of International Law

• International law defined as a coherent body of rules binding states and other actors in their relations.

• Importance of sovereignty as the foundation of international law.

• International law differs from domestic law as it operates in a system of anarchy without a central enforcement authority.

Key Definitions

• Sovereignty: Control within borders, states should not interfere in each other’s affairs.

• Each state is equal in legal terms, having the right to create international law and being bound by it only through consent.

Institutions and Rules

• International law as an institution with primary and secondary rules.

• Primary Rules: Direct rules regulating behavior (e.g., prohibiting torture).

• Secondary Rules: Rules about the creation of primary rules, emphasizing sovereignty in their formulation.

Creation of International Law

Two Mechanisms for Creating Law

1. Custom: Laws evolve from collective practices deemed appropriate over time (e.g., diplomatic immunity).

2. Treaties: Formally negotiated agreements, ratified by states reflecting voluntary adoption.

• Examples of international law include the Geneva Conventions and the United Nations Convention on the Law of the Sea.

Dimensions of International Law

Key Characteristics

• Obligation: The degree to which states are bound to act; can be high or low obligation.

• Precision: The degree of clarity in legal obligations; more precise rules limit interpretation.

• Delegation: The extent of authority given to third parties (e.g., courts) for interpreting and enforcing laws.

Hard Law vs. Soft Law

• Hard Law: Obligatory, precise, and well-defined with high delegation.

• Soft Law: Aspirational, less precise, with lower delegatory authority, often more flexible.

• Soft law can evolve into hard law as states' norms stabilize.

The Impact of International Law

Does International Law Matter?

• Proponents argue that international law facilitates cooperation, manages conflicts, and promotes compliance.

• Critics argue that international law is often too imprecise and exists chiefly as a reflection of existing power dynamics.

• Compliance is often skewed because states typically create laws that align with their existing behaviors.

Conditions for Effectiveness

• Countries agree to international law for long-term benefit and cooperation.

• Achieving compliance may stem from self-interest and the desire for standards.

• Compliance constituencies within countries can advocate for adherence to international law.

International Norms

Distinction from Law

• Norms are informal standards of behavior not necessarily codified in law, allowing for more flexibility and variability.

• As norms evolve, they can sometimes codify into formal international law but operate on different principles than written laws.

Conclusion

• International law and norms play critical roles in shaping state behavior in global politics despite the challenges of enforcement and compliance. They can provide frameworks for cooperation, even in the absence of a central authority.