INR 2002 FINAL EXAM NOTES.International Law. What is international law? Definition: Body of rules that binds world actors Primary vs. Secondary rules Primary : Directly from legislation or some law binding power, must be followed. Secondary : A reiteration of the law in a textbook, have no legal right but are instructive. Customary International Law Refers to those aspects of international law that becomes binding on nations through general acceptance as a matter of legal obligation. Those principles of law that states began to adopt as a custom are the main sources of customary international law. International treaties. A group of laws or policies created with the intent of being followed globally. Variation in international laws Obligation Who HAS to follow law is often varied. Precision Delegation The act of giving another person the responsibility of carrying out the performance agreed to in a contract. Hard vs. Soft law You must follow hard law (legally binded) Soft laws have no legally-binding force. Effects of international law Similar to international institution list, because law is an international institution. Clarifies expectations Gives every country a clear definition of what cooperation means...etc. Coordination Makes sure everyone drives on the right/left side of road. Keeps every country on the same page. Dispute settlement Gives countries the information on what they need/can do. The information helps them to resolve any disputes. Change behavior? Trade law does seem to be changing behavior It is possible to change behavior• To have countries sign or agree to certain things/laws is a change in behavior. • But it is not easy to change behavior. Selection problem The countries that plan on following the law, sign the treaty. The countries that don’t follow the law, just don’t sign the treaty. Therefore, they are not breaking the law, because they did not sign the treaty that would make them responsible for the law. Enforcement mechanisms? (Because of this ^ many say enforcement is impossible.) If you don’t have to follow the law if you don’t sign, how can this law are universally enforced? And why should people who signed it follow it if others who didn’t sign it don’t have to? Comparisons to domestic law. Centralized enforcement is possible in Domestic law. Domestic law applies to everyone in country; International law only applies to anyone who agrees to it. Laws of War Just War Theory (Jus ad bellum – laws toward war) When are you allowed to go to war?• Self-defense• Last Resort• Proportionality – Both sides must be equal in efforts/attack. (if only one tank invades from Canada, we cannot nuke their entire country)• Discrimination of non-combatants – You can’t specifically target non-fighting people. (bombing towns/innocent) Law in war Jus in bello What are you allowed to do in war?• Hague & Geneva Conventions (were followed by countries who signed the treaty)♦ If you didn’t agree to convention, then these rules do not apply to you.♦ So people who signed the treaty do not have to follow the rules when it comes to countries who did not sign. Ex: If US agreed to rules but Mexico did not, then US did not have to obey laws when dealing with Mexico, since they do not follow the rules.♦ Conventions dealt with… Treatment of POWs and Civilians Responsibility of occupiersInternational Norms. What are norms? Expectations, standards of behavior for actors with a given identity. They define what actions are “right” or appropriate under particular circumstances. Three Types Constitutive norms : a norm about who are appropriate actors. Who is allowed to be an actor? Who is sovereign? Procedural norms : expectations about how a decision will be made. Ex: majority rules wins in USA. Regulative norms : norms that regulate behavior. What is right or wrong, good or bad? There can be norms where there are no laws.• Ex: There is no law in the syllabus that you cannot talk to your neighbor during class.But there is a social norm that it is wrong to talk to your neighbor during class. Norms can change overtime • Ex: In the Professors’ day, listen in class or doodle on your paper Now listen in class or text, surf, talk. Norm entrepreneurs : individuals/groups with strong beliefs about desirable behavior. Actively work to convince critical mass of other individuals in others states to embrace their beliefs. What are TANs? Networks of individuals or groups who cross bounders in order to advocate change or a policy etc. Research and advocacy groups (Greenpeace, Doctors Without Borders, etc.) Philanthropic foundations (Macarthur Foundation) Civil society organizations (churches, unions) Local social movements forging international linkages• Local movement working together with global movement towards common goals. Most common TANs are based on Human rights, second most common are based on Environment, and third are based on Global Justice. TANs are not all for “good” causes; Al Qaeda can also be considered a TAN. Role and Influence of TANs Setting the agenda: identifying pressing issues ignored by government. Ex: Issue of land mines, small group trying to stop using land mines to defend border. Government refuses to listen so movement tries approaching different governments and citizens to make their voices heard. Norm creation : establish and spread new norms of behavior Attempt to identify specific norms, and try to spread them internationally. Norm Life Cycle• Step 1) Create norm, someone says this should /shouldn’t happen.• Step 2) Spread the norm across border.• Step 3) Internalization of the norms, everyone accepts them. Source of expertise and funding TANs normally have both of these to support their motives. Pressure states (boomerang model) Figure 11.3 in textbook. Ex: Human rights advocates in Belize notice that the Belizean government is cutting off people’s thumbs, go to advocate groups in another country/state. The other state starts pressuring Belize to stop, so there is more pressure put on Belize to stop cutting people’s thumbs off. Endorsers Countries often times highly respect certain TANs.
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