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11 3 10 Evolution of Law Primitive Modern International Law No formal rule making process Little to no established authority to judge or punish violators International law tends to be more primitive Violating international law doesn t mean it fails to exist International law has become more important in recent years due to increased interdependence Growth of International Law International law is more effective in low politics Regulating trade communications diplomatic rules and procedures International law less effective in high politics National security relations when a country feels threatened it is more likely to violate international law Power still trumps international law Consequences of unilateral diplomacy International Legal System 1 Philosophical roots Theological natural and positivist schools John Locke naturalist people are equal etc 2 How laws are made International treaties international customs general principles of law human rights judicial decisions and scholarly writing UN resolutions International legal system is decentralized 3 Adherence Voluntary compliance coercion International law falls on more voluntary compliance 4 Adjudication other countries follow the laws Increasing number of global and regional courts Many times countries follow the laws because its in their interest to ensure International Court of Justice UN European Court of Justice International Criminal Court U S does not adhere to ICC Central American Court of Justice Gaining credibility but don t have the authority of domestic courts Countries are becoming more willing to use these courts and more willing to accept their decisions


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KSU POL 10500 - International Law

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