MARQUETTE PHIL 1001 - Midterm Exam Study Guide

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Midterm Exam Study GuideKey Terms for Short Identification QuestionsLectures• Explain the Battle of the Sexes game and its importance in regard to the larger concerns of the course. Make sure to draw a 2x2 payoff matrix in your answer. (9/5)• A representation of distributional conflicts or relative gain concerns.• Explain the Prisoner’s Dilemma game and its importance in regard to the larger concerns of the course. Make sure to draw a 2x2 payoff matrix in your answer. (9/12)• A situation in which two players each have two options whose outcome depends crucially on the simultaneous choice made by the other, the two prisoners are sep-arately deciding whether to confess to a crime.• Important because it shows that actors have a strong incentive to defect.• Liberalists are conditionally optimistic about states getting out of PD through inter-national institutions.• Example: International System today• states have strong incentives to cooperate so that all benefit• cooperation under anarchy is very likely and doable, despite states being self-interested• most states look for peace and cooperation• international institutions are one way this problem is worked out through• Explain the Mine Ban Treaty (1997) and its importance in regard to the larger concerns of the course. (9/24)• The treaty banned the use of land mines.• early 1990’s land mines seen as militarily useful• 2002, land minds were seen as never used• was an inspiration for the 2008 Convention on Cluster Munitions• Realists though landmines were banned simply because they were indeed getting obsolete, a coincidence of interest.• Framing, Issue Emergence, and Norm entrepreneurs• constructivists believe that norm entrepreneurs help shape international law• Handicap international and other institutions framed this issue as a humanitar-ian issue, and posed that they were not needed militarily• used the “Ottawa Process” - NGO’s changed perceptions about the humanitar-ian effects of anti-personal landmines and their military necessity and utility• showed that international issues can be viewed by whatever social conventions dictate• Explain how Kosovo meets each of the three requirements of external self-deter-mination under international law. (9/26)• External self-determination (secession) is the pursuit of independence.• Three criteria for it being acceptable: a people, human rights violations, last resort• The Kosovar Albanian people are a people because over 90% of the populationis Albanian• There was a serious human rights violations in the Racak Massace, committed against Kosovar Albanians by Serbia in 1999• over 1 million Albanian refugees• it was an ethnic cleansing done by Serbia, part of Operation Horseshoe• Secession seems to be the only action left that seems reasonable• they tried to talk peace, but Serbia wants them as part of Serbia• major conflict in the area between Kosovans and Serbians• ICJ said their declaration of independence did not violate international law, but did not say anything about approving it• 105-193 states have recognized it and the US backs it• declared independence on 17 Feb 2008Sean D. Murphy• Explain the (a) horizontal and (b) vertical structures of international law, as identi-fied by Murphy. (pg. 3-10)• international law arises from a horizontal structure that consists of 193 nation-states• each fully sovereign, not subordinate to any other state• very decentralized and states can only be exposed to restrictions that they haveaffirmatively accepted• states only commit to agreements when it is in their own national interest• international law is not limited to a simple horizontal structure • over time, states have come together to establish some supranational organiza-tions capable of creating laws that have a binding effect on their member states• Ex: the European Union• states have delegated sweeping powers to regulate broad sectors of their economies• EU law has a status within the member states comparable to federal law in the US• states have also committed themselves to the compulsory jurisdiction of inter-national courts or tribunals• some international organizations are capable of helping enforce international rules• a different aspect of the vertical structure of int law concerns the interface of int lawwith national law• national legal systems typically contain rules about whether international law is automatically received into the national legal system• some countries say it is and accept it into domestic law• other countries believe it is completely separate (dualist approach)• another dimension in the structure of international law concerns the presence and importance of legal and natural persons operating across borders• behind the facade of the state are real people operating both within and outsidegovernment, capable of promoting in various ways international law creation, interpretation, and enforcement• the structure of this interaction is vertical in the sense of hierarchy between a state and the persons within it, but also horizontal in the sense of persons oper-ating as among themselves across boundaries• List and explain all of the Montevideo criteria of statehood. (pg. 34-35)• A permanent population• must have a people that lives in that place year round• Ex: Antarctica can not be a country because there is no permanent pop• A defined territory• size does not matter, just need a recognized boundary• Ex: the Anglican Church is not a state because it does not have a defined terri-tory• An effective government• emphasis on the control that the government exercises over the relevant terri-tory, to the exclusion of other entities• the degree of control necessary may be a function of the manner in which the government came to power• if the prior sovereign in the territory consented to the creation of a new state,then a relatively lower degree of control by the new government may be tol-erable in finding statehood• maintain de facto control over people and territory• Capacity to enter into relations with the other states• *voluntary delegation is acceptable• Ex: Liechtenstein to Sweden• Ex: the state of California can not be a state, despite having the first three con-ditions, because this power is reserved to the federal US government• List and explain the four sources of international law. (pg. 77-)• Treaties• an


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MARQUETTE PHIL 1001 - Midterm Exam Study Guide

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