Introduction to International Law
From Last Class
Based on our work on different types of power, what type of power do you think international law might be?
Which of the theoretical perspectives do you think is most closely aligned with international law?
Prescribed Content
Cooperation: Collective Security, Strategic Alliances and Treaties
Peacemaking: treaties
Global Governance
Activating Your Thinking
What is the relationship between international law and international politics? If the power and interests of states are what matters, then international law is either a servant of the powerful or an irrelevant curiosity. If international law does not matter, then why do states and other actors devote so much effort negotiating new legal regimes and augmenting existing ones? Why does so much international debate revolve around the legality of state behaviour, the applicability of legal rules and the legal obligations incumbent on states? Moveover, why is compliance with international law so high, even by domestic standards? (Lamy, p. 166).
The Universal Declaration is not a treaty, so it does not directly create legal obligations for countries. However, it is an expression of the fundamental values which are shared by all members of the international community. And it has had a profound influence on the development of international human rights law.
Viewing Guide
What is the liberal world order and why was it developed?
Lesson Content
International law is best understood as a core international institution - a set of norms, rules and practices created by states and other actors to facilitate diverse social goals, from order and coexistence to justice and human development.
Guiding Questions
While the article highlights three reasons why countries may not follow international law, it actually mentions four. Explain all four.
Thoroughly review all of the pieces of international legislation the article says you should be aware of and, when you are ready, take this quiz.
The more than 500 multi-lateral international treaties filed UN are available here. Research one you are interested in and share your a W3 of your findings with your group.
When it was signed and what are some of the countries that you found interesting that have not signed it?
Provide a summary of the main points of the treaty (no more than five)
Explain one thing you found particularly interesting or a question that you are curious about after having looked into the treaty.
Share these findings with your group,
What sort of disputes does the ICJ attempt to address?
What happens if a state does not adhere to a ICJ ruling? Is it possible to ignore it?
How does the ICC differ from the ICJ? Why is enforcement of ICC rulings challenging? Why is the United States' 2002 legislation made it even more difficult?
In relation to what conflicts has the UN either established ad-hoc tribunals or assisted with prosecution of those accused of international crimes (use the link to research the answer to this question)?
Take a look at the map of ICC signatories. Are you surprised by any countries that didn't sign on or ratify? Are you surprised by countries that did?
What is the purpose of the European Court of Human Rights? How does this court seem to differ from the ICC and ICJ?
Consider the following, "although international law has facilitated negotiation and cooperation among countries on issues of global importance like trade and climate change, these agreements have their limitations. Most important, without a global enforcement mechanism, countries will never agree to sacrifice their national interests in order to comply with an international legal ruling." What might the global community do to strengthen enforcement of international law?
Guiding Questions
Why is international law seen as soft law as opposed to hard law?
What key factor might ensure that global actors comply with international law?
How does a bilateral treaty differ from a multilateral treaty?
How does pacta sunt servanda differ from rebus sic stantibus?
How does customary international law differ from treaty-based international law?
What is the weakness of the argument that because not all states abide by international law it is therefore a poor way of ensuring international legal norms?
Reacquaint yourselves with the Geneva Conventions and consider them in the context of the civil war in Ethiopia. Now, look at the five reasons as to why states may adhere to international law and, for all five, offer a reason as to why the Ethiopian government might adhere to the Geneva Conventions.
Explain how international law differs from world or supranational law? Page 4 offers a number of reasons, review and summarize these reasons carefully.
In what ways does international law as it relates to intervention come into conflict with one another?
Global Politics in Action
UNCLOS
UNCLOS.pdfQuestions to guide your reading:
In general, why do you think an international treaty is needed to combat the issues outlined in the article?
Why can't individual nations deal with this issue?
What international legal efforts are being made to resolve the issue?
Checking For Understanding
Research the pieces of international law that might be relevant to our case study