Chapter 8International LawSlide 3Practice of International LawFundamentals of International JusticePhilosophical Roots of LawHow International Law is MadeSlide 8Slide 9Slide 10Slide 11Compliance with the LawEnforcement of LawSettling DisputesAdjudicationEffectiveness of International CourtsStates, War & International LawJust Causes of WarJust Conduct of WarApplication of International LawHuman Rights IssuesUniversalistsRelativistsHuman Rights & International RelationsHuman Rights ProblemsHuman Rights ProgressChapter 8International LawAndHuman RightsInternational Law•Anarchic System•Primitive and evolving process•No formal rule-making process•No police•No courts•But does existInternational Law•Began with growth of state system and need for regulation of relations•Base formed from Holland’s Hugo Gotius De Jure Belli et Pacis•Globalization has expanded need for international lawPractice of International Law•Most effective in governing the rapidly expanding range of transnational functional relations (trade, diplomatic rules, communications)•Least effective with high-politics (security)Fundamentals of International Justice•Concepts of Behavior originate from:a.Religionb.Secular ideologiesc.Standards of what is faird.Common Practices•Justice is not the predominant force in determining foreign policy.Philosophical Roots of Law•Where does it originate?1)External rootsa.Ideological/theological schoolb.Naturalist school2)Internal roots (positivist): Comes from within a societyHow International Law is Made•Domestically, law is made through constitutional provisions, common law and equity.•International treaties are the primary source of international law which codify policies.How International Law is Made•Treaties are supposed to be binding in all countries who sign them. If not, can be nullified. First way that international laws are made.•If many agree, then policy gains system-wide legitimacy.How International Law is Made•International Custom second most important source of international law.•Example: Territorial waters expand 3 miles beyond borders.•Sometimes customs are codified. (Example: Vienna Convention on Diplomatic Relations)How International Law is Made•General Principals of Law are the 3rd source of international law.•International Court of Justice uses•Vague•Based on external sources of law such as freedom of religion and freedom from attack.•Example: Milosevic and tortureHow International Law is Made•Judicial decisions and scholarly writing are 4th means•International representative assemblies 5th wayCompliance with the Law•Mostly voluntary•Coercion•A state can ignore international opposition and international law if very powerfulEnforcement of Law•Neither law enforcement nor sanctions well-developed at international level•Possible ways:1.Military 2.Indictments3.Diplomatic SanctionsSettling DisputesMethods of settling disputes1.Bargaining between Adversaries2.Adjudication (arbitration)3.Mediation/conciliation through neutral partiesAdjudication•International Court of Justice (ICJ) associated with United Nations•Regional courts•International tribunals•Jurisdiction of above courts: sovereignty a barrier, clauses in treaties to commitEffectiveness of International Courts•Jurisdictional limits•Lack of enforcement•Not irrelevant b/c can influence policy and public opinion and findings can resolve issues among IGOs•Countries using more as numbers of IGOs growStates, War & International Law•Where international law begin•Covers state vs state and internal conflicts too•Defines legitimate warfare•Standards of war are rooted in Western-Christian tradition (St. Augustine and St. Thomas Aquinas)•Standards vague and controversialJust Causes of War•Also known as, jus ad bellum•WWII war crime tribunals helped lead to codification•Establishment of International Criminal Court (ICC)—doesn’t define aggression but states it will follow United Nations Charter•Jus Ad Bellum not full preciseJust Conduct of War•Not clearly defined but the Hague Conferences and Geneva Conferences helped define rules about permissible weapons, treatment of prisoners, and other matters.•How to gauge proportionality of behavior?Application of International Law1. Post WWI Tribunals2. Current International Tribunals3. International Criminal CourtHuman Rights Issues•A right is a justified claim to something.•What justifies claiming a right?•Where does it come from?•Is it universal?Universalists•Believe that all humans possess the same rights and that they are immutable.•Rights originate from outside society and borders.•Nature of human existence•Rights people inherently possessRelativists•Believe that rights are relative to culture.•Product of a society’s values•No single standard should apply.•Rights are not timeless but change with the times.Human Rights & International Relations•Relativists assert that trying to impose standards on the world stage equals cultural imperialism.•Universalists argue that the above is a way to justify the unjustifiable.Human Rights Problems•Death Penalty•Situation in Iraq•Genocide•Poverty•Child LaborHuman Rights Progress•United Nations the center of Human Rights issue.•Universal Declaration of Human Rights•European Court of Human Rights and other Commissions•The claim that cultural standards differ = what is a human rights violation in one country is acceptable in