Midterm Exam Study Guide Key Terms for Short Identification Questions Lectures 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 population is 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 2008 Sean D Murphy fied by Murphy pg 3 10 states Explain the a horizontal and b vertical structures of international law as identi international law arises from a horizontal structure that consists of 193 nation each fully sovereign not subordinate to any other state very decentralized and states can only be exposed to restrictions that they have affirmatively 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 the US EU law has a status within the member states comparable to federal law in states have also committed themselves to the compulsory jurisdiction of inter national courts or tribunals some international organizations are capable of helping enforce international a different aspect of the vertical structure of int law concerns the interface of int law rules with 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 outside government 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 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 A defined territory 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 international agreement between two or more subjects of international law which is intended to create rights and obligations for the parties to it clearest source of IL because of its written form five steps negotiation adoption signature ratification entry into force a state can reserve to parts of treaties