Final Flashcards
General Principle of International Law
A body of rules that binds states and other agents in world politics in their relation with one another. Law in the absence of central authority. ‘Pacta sunt servanda’ means ‘If you make a promise keep it’. State sovereignty, voluntary state participation, self-enforcement.
Sources of International Law
ICJ as the starting point. International conventions (treaties) agreed to by states, international custom, general principles of law recognized by civilized nations, and judicial decisions and the writings of eminent jurists.
The ‘Just War’ Doctrine
Just war tradition in international legal terms. The rules for just wars.
Jus Ad Bellum
When the use of force is justified. When is war justified.
Jus In Bello
How wars should be fought once they have started. The proper conduct during a war.
Non-Combatant Immunity
Forbids inflicting harm on non-combatants. Civilians have the right to not be the deliberate targets of attacks.
International Court of Justice
An international institution created in 1946 as part of the UN systems to apply international law to resolve conflicts brought voluntarily to it by states; also known as the World Court.
International Criminal Court: types of crime, key debates during negotiation, key treaty provisions and powers, historic significance
An international court in the Netherlands that tries individuals accused of war crimes, crimes against humanity, genocide, and aggression. Independent prosecutor, who could bring up any case they wanted. The Security Council wanted final say on all cases, a compromise was made where they were able to suspend proceedings for 1 year. Individuals as legal entities, and was the first international institution to extend jurisdiction over non-parties.
The 2015 Iran Nuclear Deal: key elements, positions of key countries
Obama opened a line of communication with Iran, unlike previous presidents. He did this with the hope of stopping the regime’s development of nuclear weapons. Many sanctions were in place against Iran. Creating transparency in Iran regarding nuclear weapons. P5 + Germany were involved in negotiations, and pulling back sanctions. Important to create a personal connection with the Iranians. Domestic issues in the US, since many did not agree with negotiating with the Iranians. Also disagreement from Israel.
The Covid-19 Pandemic: international responses, role of the World Health Organization
Dismal multilateral response. Governments repeatedly ignored opportunities for consultation, joint planning, and collaboration, opting instead to adopt nationalist stances that have put them at odds with one another and with WHO. The WHO has a mandate that exceeds its capabilities. WHO is weak, because they are funded by the states and are therefore unable to force them to do anything.
The Foreign Policy Apparatus of a Country
Ministry of foreign affairs (different names for different countries), embassy (ambassador), consular offices (look after countries citizens in other country), permanent mission to the UN.
Diplomatic Immunity
The principle that accredited diplomats are exempt in almost all cases from prosecution under the laws of the state where they are assigned.
Embassy Extraterritoriality
The principle that one is exempt from prosecution of the laws of the state inside the embassy of another country. The building does not belong to the country it is in.
Changes in the US Foreign Service Over the Decades
American diplomacy is becoming unprofessional. Decapitation: from professional experts to political appointees. State department had a steady loss of power. Extreme fragmentation of American diplomacy. All the top officials in the State Department are political players. The real experts are lower.
Fragmentation of the US Foreign Policy Apparatus
Unclear who is running the show in US foreign policy. This impacts the credibility of diplomats since they cannot guarantee their word will be carried out by their government.
International Treaties: signature, ratification and entry into force
Every time states create a treaty it is always open for ratification. This means through the national government of a state there is a vote by the Parliament to decide whether or not to join the treaty. No country can be forced to be a part of a treaty, but at any point a country can join a treaty.
Negotiation: a definition
A process of mutual persuasion and adjustment that aims at combining non-identical actor preferences into a single joint decision.
“Working Groups” in International Negotiations
The real work takes place in smaller settings. Less inclusive, smaller number of delegation, and less access by media and NGOs. Treaty texts are drafted here, in a much less transparent setting.
Plenary
The first round of negotiations. It is open to everybody, so all delegations can go in. Also allows representatives of civil society and journalists. Transparent conversation, inclusive and informal.
The Role of Text and Words in Diplomacy
Linguistic gymnastics. Language for treaties are so complex.
Factors Affecting Negotiations
Often, rich and powerful countries get what they want. The size and composition of delegations, since different countries can afford different representation. Parallel negotiating sessions, since some countries can rotate who is working to allow time to sleep. Language and translation is a significant source of influence.
