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Chapter 11: International Laws and Norms > Chapter 11: International Laws and Norms > Flashcards

Chapter 11: International Laws and Norms Flashcards

1
Q

Geneva Conventions (Monitored by the International Committee of the Red Cross)

A 
First convention (1864) created rules governing the treatment of wounded soldiers.
Second convention (1906) created rules governing the treatment of soldiers at sea. 
Third convention (1929) created rules governing the treatment of prisoners of war.
Fourth convention (1949) revised the previous conventions and added protections for civilians during wartime. 
All UN member states have ratified the Geneva Conventions
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2
Q

International Law

A

A body of rules that binds states and other agents in world politics and is considered to have the status of law
-Must include primary and secondary rules
-Primary rules are the negative and positive rules regulating behavior
-Secondary rules are the constitution that structures the making of the primary rules, or rules of how rules are made
EX:
Geneva Conventions
World Trade Organization
UN Convention on the Law of the Sea Treaty

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3
Q

The Responsibility to Protect (R2P)

A

Developed out of the Canada sponsored International Commission on Intervention and State Sovereignty (2000).
Breaks down traditional norms of state sovereignty that stress non-intervention
States are responsible for protecting the safety and welfare of their citizens.
If states fail to do this, the international community has a responsibility to step in to protect citizens.

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4
Q

Three specific responsibilities (R2P)

A

The responsibility to prevent
-Addressing political, economic, and legal roots of conflict
The responsibility to react
-Sanctions, legal measures, military action
The responsibility to rebuild

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5
Q

Six criteria for military intervention (R2P)

A 
•Right authority 
-UN Security Council Chapter VII resolution
•Just cause
•Right intention
•Last resort
•Proportional means
•Reasonable prospects
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6
Q

When was the R2P invoked in Libya?

A

R2P was invoked when justifying the NATO intervention in Libya in 2011
•200+ people had been killed in clashes with the government.
•Libyan President Muammar Qaddafi made public statements suggesting a harsh crackdown on the opposition dominated city of Benghazi.
•The UN Security Council invoked R2P and authorized NATO air strikes.

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7
Q

Differences between the Geneva Conventions and R2P

A 
•Geneva Conventions 
-voluntary and respect state sovereignty. 
-international law.
•R2P 
-does not respect state sovereignty. 
-international norm.
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8
Q

International norms don’t have ________ rules.

A

Secondary

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9
Q

Customary international law (part of International law)

A

Practices deemed appropriate and corrected by states over long periods of time.

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10
Q

International treaties (part of international law)

A

Agreements, often based on customs, that are negotiated and ratified by states.

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11
Q

Making International Law (Diplomatic immunity)

A

Example: Diplomatic immunity
•Began as a long-standing international norm
•Formally codified in the Vienna Convention on Diplomatic Relations (1961)
•Diplomats are exempt from a host nation’s laws.
•Intended to avoid politically motivated detention of diplomats.
•Violations of laws are typically handled by sending diplomats home.
•$16 million + in unpaid parking tickets in New York

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12
Q

Making International Law (Crimes against humanity)

A
  • Example: Crimes against humanity
  • Includes any of the following acts when they are part of planned, systematic attacks against civilians:
  • Murder
  • Extermination
  • Enslavement
  • Deportation or forced population transfer
  • Imprisonment or severe deprivation of liberty in violation of fundamental rules of international law.
  • Torture
  • Rape and other forms of sexual violence
  • Persecution against any identifiable group based on political affiliation, race, nationality, culture, religion, or gender
  • Enforced disappearance of persons
  • Apartheid
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13
Q

Freedom of the seas

A
  • Began as an international custom
  • Formally codified in the UN Commission on the Law of the Sea Treaty (UNCLOS) (1982/1994)
  • 12 nautical mile territorial sea
  • 200 nautical mile exclusive economic zone
  • High seas
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14
Q

Characteristics of international laws

A
  • Obligation
  • Precision
  • Delegation
  • Hard and soft laws
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15
Q

Obligation Law

A

•The degree to which agents are legally bound. •Compliance is unconditional for high-obligation law
-WTO treaties
•Compliance is aspirational for low-obligation laws
-Human rights treaties

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16
Q

Precision Law

A
  • The specificity of obligations.
  • International law is usually very precise.
  • Reduces the scope of reasonable interpretation
17
Q

Delegation Law

A

•Third-party implementation, interpretation, and application of the rules.
-Courts, arbitrators, meditators
•The degree of delegated authority varies based upon the precision of the rules.
-Courts make new laws when precision is low and delegation is high

18
Q

Hard laws

A
  • Obligatory
  • Precise
  • High delegation
  • Binding
  • Mandatory
  • Enforceable
19
Q

Soft Laws

A
  • Exhortatory (recommendation/urgent advice)
  • Ambiguous
  • Low delegation
  • Better suited to uncertain futures or important sovereignty questions
20
Q

Montreal Protocol

A
  • Created a legal and moral obligation to phasing out CFCs
  • Had very precise timetables for phasing out CFCs for developed and developing countries.
  • Delegation of enforcement to the Secretariat of the Vienna Convention for the Protection of the Ozone Layer and an Implementation Council made up of representatives from 10 states elected by treaty signatories.
  • A hard law that developed out of soft law in the Vienna Convention for the Protection of the Ozone Layer.
21
Q

Why was the Montreal Protocol so successful?

A
  • It set precise guidelines for CFC reduction.

* Cheap alternatives to CFCs existed.

22
Q

International Criminal Court

A

•Created by the Rome Statute (2002)
-123 states have ratified the Rome Statute.
•States have delegated the enforcement of genocide, war crimes, and crimes against humanity to the ICC. •Headquarters at The Hauge, the Netherlands.
•18 judges elected to 9 year terms by states that have ratified the treaty.
-1 term limit
-Each member-state can nominate only 1 candidate
-A norm of broad geographic representation and gender representation
~800 staff members from 100 states

23
Q

Nuclear Non-Proliferation Treaty (NPT)

A
  • Entered into force in 1970
  • 191 signatories
  • Its goal is the stop the spread of nuclear weapons.
  • 5 nuclear states, all others members non-nuclear states
24
Q

Iran and the NPT

A

•Iran is a member of the Treaty and is subject to IAEA inspections.
•Iran insists that it is only developing its nuclear program for energy production.
•What is the difference between peaceful nuclear programs and nuclear weapons programs?
~Uranium enrichment
~~U-238
~~U-235
——Energy purposes require approximately 20% 235
——Weapons grade fuel is 90+% U-235

25
Q

Does international law matter?

A 
•Proponents
-Addresses important global issues
High rates of compliance 
•Skeptics
-Laws are often imprecise
-States tend to create international laws with which they already comply
-Problems with enforcement
26
Q

International Norms

A

•Norms are standards of behavior for actors with a given identity.
-Logic of consequences versus the logic of appropriateness

27
Q

Constitutive norms

A

•Define who is a legitimate or appropriate actor under what circumstances
-Example: It is a norm for states to have a military even though it is not strictly required.

28
Q

Procedural norms

A

•Define how decisions are made

-Example: UN Security Council authorization of the use of force

29
Q

Regulative norms

A

•Govern the behavior of actors in their interactions with one another
-Example: Non-use of nuclear weapons since WWII

30
Q

Norm entrepreneurs

A

•Individuals and groups who seek to advance principled standards of behavior for states and other actors.
EX: Transnational advocacy networks (TANs)

31
Q

Transnational advocacy networks

-Example: International Campaign to Ban Land Mines

A

•Network of hundreds of NGOs in ~100 countries that work to ban and remove landmines.
-~3,500 deaths each year
•The Ottawa Convention banning the use, production, stockpiling, and transfer of land mines went into force in 1999
-35 countries including United States, China, Russia, Egypt, India, Pakistan, and Israel did not sign the treaty.

32
Q

Norms life cycle

A
  • Convince
  • Cascade
  • Internalize
33
Q

TANs and international cooperation

A

•TANs as endorsers
-Educate people on problems, assign blame, and promote solutions
-Framing helps to provide information shortcuts
-More information helps to prevent bargaining failures
•TANs as monitors
-Reports
-Direct monitoring
-Reduces commitment problems

34
Q

International law and norms are institutions that shape _________.

A

interest

35
Q

International law facilitates __________.

A

cooperation

36
Q

International norms change how people _______ ________.

A

see issues

37
Q

TANs can alter state behavior by promoting ______, _______ _______, and _______ ________.

A

norms, providing information, and monitoring compliance.

Chapter 11: International Laws and Norms (1 decks)

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