1- Introduction Flashcards
what’s peremptory rules? (aka jus cogens)
a fundamental and overriding principle of international law.
(applies to genocide, piracy etc.)
Some poeple say IL is not law, why?
IL does not have a sovereign command backed by a threat of sanctions. there’s no supranatioal authority.
Hart’s rule of recognition
a rule can be considered law if it is recognized as such by the relevant state officials or institutions.
IL was seen as a key to achieving world peace, exemplified by….
the Kellogg-Briand Pact of 1928 which outlawed war as an instrument of foreign policy.
- a first step towards the permanent elimination of warfare.
WW2 led to a divide between the two disciplines 1), 2)
1) realism
2) legalism
morgenthau argument on IL and Politics
The main problems of IL are rooted in the struggle for power between nations- IL cannot be separated from power politics, and attempts to do so are futile.
what do lawyers emphasize in IL compared to IR scholars?
Lawyers emphasize distinction between law and politics
IR scholars view international law as part of the broader political landscape
what do lawyers research in IL in comparison to IR scholars?
Laweyers- research focused on specific rules and procedures. Discards politics as irrelevant to the study of international law.
IR scholars- Study IL through the lens of regimes, norms, and institutions, viewing it as part of the bigger picture of global politics. Not interested in the specific rules, but instead focus on the broader implications of international law.
Paradoxical Growth of IL
After WW2, IL became more important, even though it was not popular among scholars and practitioners in IR.
Why did the paradoxical growth of IL happen?
due to the creation of international institutions, treaties, and regimes like the United Nations (UN) and the World Trade Organization (WTO).
- These institutions established a framework for cooperation between states based on shared legal norms.
Does the persistence of IL show that it’s resilient, or show its derivative status from power politics?
Some say IL persists bc its acc good, some say it lasted this along because it reflects power politics.
What emphasized the importance of managing conflicts through IL in the 1970s?
possibility of nuclear war
What happened between IL and IR since the end of the CW?
partial rapprochement
Some of the distinctive features of international law
voluntary nature, lack of a centralized enforcement mechanism, and the fact that it is often based on custom and tradition rather than explicit written rules.
