FLS Chapter 11 421 433 What is International Law body of rules that bind states agents together with their considered status of law 2 a Body of rules are linked together with unifying set of ideals b Status of law Law is defined by primary and secondary rules International law i Primary the actual rule itself can be 1 Positive do this 2 Negative don t do this 2 ii Secondary address rule making itself and changing primary rules disconnect rules that often contradict sovereignty Norms are often singular How international law get made Customary international law law s that develop slowly over time after being practiced because it was often considered right correct a Example diplomatic immunity freedom of the sea crimes against humanity b Secondary rules for customary law are vague International Treaties a States volunteer for restraints b Secondary rules at international conventions are quite clear a Obligation degree to which they are legally bound Is all International Law the Same No it varies in three ways i High vs low obligation ii High obligations reparations if broken iii Low obligation and sometimes high have escape clauses b Precision how specific obligations are i Usually international law is precise ii Vague law ensure bargaining won t close and states will still negotiate within legal i States are usually reluctant to give ability to 3rd parties because they don t want new binging laws to be created framework c Delegation to third parties Hard obligatory Precisely defined Substantial 3rd party esp international authority courts Soft Exhortatory Ambiguous Non specific delegations Easier to achieve more flexible better for uncertain futures States usually pick soft law because it allows for more flexibility for temporary problems Does international law matter Some say international law helps coordination and is fulfilled almost all of the time Others say it is unrealistic and only reflects states interest only for two reasons a Law isn t precise enough to deal with every interaction and is weak enough that it can be b Laws are made according to states interests or things they would have done anyways malleable which is why they comply so well Truth is between a Enforcement depends upon national self help b Compliance happens because of the laws benefits c Compliance constituencies government follows the rules for their own benefit d Still unlikely to end bargaining failures actors organizations in states that try to ensure their FLS Chapter 12 453 473 What are international human rights pg 456 Rights possessed by all individuals by virtue of being a person Basic perception of sovereignty a States don t interfere in international affairs of other states b Non interference is the norm a Examples negative Rwandan Genocide Armenian Genocide Holocaust positive South So why do people costly intervene outside their borders Africa apartheid Human Rights Treaties a Universal declaration of Human Rights UDHR adopted by UN general assembly in 1948 common standard of achievement for all people ie Today s standard for human rights b International Covenant on Civil and Political Rights ICCPR the agreement completed in 1966 and in force from 1976 that detail basic civil and political rights of individuals and nations c International Covenant on Economic Social and Cultural Rights ICESCR the agreement completed in 1966 and in force from 1976 that specifies the basic economic social and cultural rights of individuals and nations i ICCPR Formed by West ii ICESCR Formed by East d UDHR ICCPR ICESCR International Bill of Rights Why are human rights controversial Because of political institutions legal traditions and philosophies Many right from UDHR comes from FDR s New Deal Critics of rights specified in the UDHR point to their western liberal origin that emphasizes first generation rights over second and third generation collective rights ie Workers right specific group Debate continues on which rights humans possess ICCPR Can permit the suspension of some rights under article 1 but have some rights that ICESCR All rights can be suspended can NEVER be suspended a Some rights are more important than others b Just because they are nonderogable does not mean they are strictly enforced i Nonderogable rights rights that cannot be suspended for any reason including times of public emergency 1 Examples freedom from torture recognition as a person freedom of thought conscience and religion Prisoners of Conscience POCs A label coined and used by the human rights organization Amnesty International to refer to individuals imprisoned solely because of the peaceful expressions of their beliefs Why do individuals and states care about the human rights of others Lack of capacity to prevent HR violations In defense of national security during times of crisis war To suppress domestic political dissent and secure the government s own power Autocracies are more likely to violate human rights acts of torture most common in military dictatorships Why do states sign human rights agreements Lock in to demonstrate the state s own commitment to democracy and political liberalization Linkage established democracies may provide inducements for new democracies Who signs most quickly New democracies and democratizing states Not so quick established democracies Moral and Philosophical Motivations empathy identifying with common humanity evident in response Self Interest Motives democratic peace economic self interest ie Labor unions and working rights to natural disasters form of trade protectionism FLS Chapter 13 492 517 the Global Environment because it is hard to coordinate large numbers of individuals states Why are good intentions not good enough Despite a common interest in wanting to help the environment cooperation is difficult The problem of getting people to help the environment is a Prisoners Dilemma Collective action and the environment Externalities when the decision maker does not bear the cost or reap all the gains from its Many environmental issues take the form of a public good non excludable non rivalrous actions a Example with chlorofluorocarbons CFCs in the air deplete the ozone layer nobody can Kyoto Protocol an amendment to the UN Framework Convention on Climate Change adopted be excluded from the damage and everyone suffers in 1997 and entered force in 2005 that establishes specific targets for reducing CO2 levels and five other greenhouse gases a Emissions can be bought sold Phase 2 difficult to
View Full Document
Unlocking...