Liberal and realist perspective on international law
How does international law get made?
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
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 organizations-world trade organizations. They have precise laws to deal with violators Individual states- they can take justice into their own hands in the form of diplomatic pressure, economic sanctions, or even force
How international law has an effect on Does International law matter? 1. Yes
a. International laws are effective tools in facilitating cooperation and managing conflicts b. E. Geneva convention presents rules on how to treat the prisoners of war after the war is over. 2. No
a. International laws are unrealistic and utopian or at least a reflection of state interest rather than as a severe constraint on state action Behavior:
International law is generally followed because of the very real and important benefits of cooperation it enables. How does international law facilitates cooperation? It is the anticipated benefits of cooperation that leads states to create international law in the first place, and it is the actual benefits of cooperation that lead states to comply with the rules once they are in place. Setting standards of behavior
Lowering the cost of decision making
Managing disputes between states.
Role of transnational advocacy groups
How do they influence the world
Knowledge to the public
Three-stage norm cycle:
a.i.1. . Government addresses Accept or embraces their belief. Issue to public a.i.2. The norm becomes a near universal standard of behavior. Get people to support the movement a.i.3. The norm is internalized it.
The rights possessed by all individuals by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization Why are human rights so controversial?
Individual rights versus sovereignty
States perspectives on which rights are important
Dignity, liberty, equality, and brotherhood is what the Universal Declaration of Human Rights was founded on The Universal Declaration of Human Rights...
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