International Law & Norms

Today's topic is international law, a critical area of study in world politics that shapes state relations.
The lecture starts with basic definitions and concepts before delving into complex issues surrounding international law.

International Law: A body of rules that bind states and other actors in their relations which is considered to have the status of law.
- Body of Rules: Not a random list; it is coherent and unified by core principles.
Sovereignty: The foundation of international law; it underlines that states have control over their own territory and governance.
- Sovereignty in Context: Acts as a principle allowing states to operate independently without external interference.
Equality of States: Formally, all states are considered equal in their capacity to create and be bound by international law.

Types of Rules:
- Primary Rules: These are the actual rules regulating behavior (e.g., prohibition of torturing noncombatants).
- Secondary Rules: Rules about rules; they guide the process of law-making.

Customary Law: Evolved from consistent practices recognized as obligatory by states.
- Develops slowly, over time, as states come to recognize practices as appropriate and correct (sounds similar to normals but is different)
  - Example: Diplomatic immunity, where diplomats are exempt from local laws.
International Humanitarian Law (Laws of War)
- Seeks to limit effects of armed conflict, protect noncombatants, and restrict means of warfare by establishing rules that govern the conduct of hostilities and safeguard human rights during times of war. This body of law is primarily derived from treaties, customary international law, and principles of humanity, aiming to ensure that even in war, fundamental human rights are respected.
Treaties: Official agreements made between states, legally binding if ratified.
- Treaties emphasize voluntary adherence in line with sovereignty constraints.

Obligation: The legal requirement for states to act or refrain from acting.
- High Obligation: Compliance is expected in good faith, even if it clashes with domestic law.
- Low Obligation: More aspirational without severe consequences for non-compliance.
Precision: Clarity of the rules can either narrow or widen the scope for interpretation.
- More precise rules = less room for states to interpret differently.
Delegation: The extent to which states allow third parties (like courts) to interpret or enforce laws.
- Hard Law: Obligatory and precise with high delegation.
- Soft Law: Aspirational, less precise with lower delegation.

Self-interest and Cooperation: States adhere to international law to facilitate cooperation, manage conflicts, and create stable expectations.
Compliance Constituencies: Domestic groups that support adherence to international law due to vested interests (e.g., environmental groups).
Impact of International Law: Discussion on whether it truly constrains behavior or merely reflects existing practices.

Definition: Standards of behavior that outline expected rights and obligations, can exist independently of written law.
- Constitutive Norms: Define who is a legitimate actor (e.g., sovereignty).
- Procedural Norms: Establish how decisions should be made among actors.
- Regulative Norms: Dictate how actors should behave in interactions.
Creation of Norms: Through trends set by individuals/groups (norm entrepreneurs) pushing for new accepted behaviors.

International law promotes a structured approach to manage interactions among states, even amid the anarchy of the international system.
The interplay between global cooperation, state interests, and norms highlights the complexity of international law and its role in shaping world politics.