Pol 103 Study Guide
INTERNATIONAL LAW
Definition
Liberal and realist perspective on international law
How does international law get made?
Customary law
Law of diplomatic immunity codified in the Vienna Convention of Diplomatic Relations in 1961
Crimes against humanity codified in the Rome Statue of International Criminal Court in 2002
International treaties
Treaties made by states in order to find a solution to a problem
Dimensions of international law
1. Obligation- the degree to which agents are legally bound by a rule
a. High obligation laws
b. Low obligation laws
b.i. Ex. Encouraging states to live to a standard of behavior
Precision-: how specific are the obligations states incur. Narrow down the scope of interpretation by the parties
Degree of delegation to third parties, wherein courts, arbitrators, mediators, or others are given the authority to implement, interpret, and apply the rules specified, to resolve disputes over the rules, and to make additional rules. Gives third parties third parties delegation.
Hard law- precisely defined in delegates substantial authority to third parties.
Sof law- do not delegate significant power to third parties and are not aspirational. Only want them to live up to a certain behavior
Enforcement of international law
Judgment
The international court of justice
The ICJ ruled in 2004 that U.S. courts must reconsider the cases of 51 Mexican citizens awaiting death sentences in the U.S. because the accused had not been granted all the rights required by an international consular treaty. The U.S. responded by withdrawing its consent for ICJ jurisdiction and found the U.S. was in breech of its violation.
Unilateral Determination- a call coming from another state informing them that another state has violated international law.
Enforcement
UN organs- the institution that takes care of violations of international law. 5 members have to come together and agree to punish a state (very rare)
Specific treaty
Definition
Liberal and realist perspective on international law
How does international law get made?
Customary law
Law of diplomatic immunity codified in the Vienna Convention of Diplomatic Relations in 1961
Crimes against humanity codified in the Rome Statue of International Criminal Court in 2002
International treaties
Treaties made by states in order to find a solution to a problem
Dimensions of international law
1. Obligation- the degree to which agents are legally bound by a rule
a. High obligation laws
b. Low obligation laws
b.i. Ex. Encouraging states to live to a standard of behavior
Precision-: how specific are the obligations states incur. Narrow down the scope of interpretation by the parties
Degree of delegation to third parties, wherein courts, arbitrators, mediators, or others are given the authority to implement, interpret, and apply the rules specified, to resolve disputes over the rules, and to make additional rules. Gives third parties third parties delegation.
Hard law- precisely defined in delegates substantial authority to third parties.
Sof law- do not delegate significant power to third parties and are not aspirational. Only want them to live up to a certain behavior
Enforcement of international law
Judgment
The international court of justice
The ICJ ruled in 2004 that U.S. courts must reconsider the cases of 51 Mexican citizens awaiting death sentences in the U.S. because the accused had not been granted all the rights required by an international consular treaty. The U.S. responded by withdrawing its consent for ICJ jurisdiction and found the U.S. was in breech of its violation.
Unilateral Determination- a call coming from another state informing them that another state has violated international law.
Enforcement
UN organs- the institution that takes care of violations of international law. 5 members have to come together and agree to punish a state (very rare)
Specific treaty