Final Exam Flashcards
To pass the final exam!
1
Q
What are some examples of intangible power?
A
- patriotism, nationalism (national morale)
- nature of government (democratic vs. authoritarian, bureaucratic inertia)
- leadership (personality, ideals, dogma, etc.)
- technology and innovation
- ideology, education, religion
2
Q
What are some examples of tangible power?
A
- national core (population, territory/geography)
- natural resources
- level of economic development (national infrastructure, GDP, etc.)
- military capability
3
Q
What is power?
A
- the ability to influence or control another’s mind
- promoting national interest and maintaining national security (in the international world)
4
Q
What is animus dominandi?
A
- a lust for power without limits that exists universally as an inner force, an element of the human soul
- lust for power is not concerned with survival
- Hans Morgenthau
5
Q
What are Hans Morgenthau’s thoughts about power in politics?
A
- Power is “…anything that establishes and maintains the control of man over man”
- It has to do with man’s “…control over the minds and actions of other men”
- Power politics at the global scale is a consequence of this operation of power at the scale of individuals in society
- if a State gives up, it will fall victim to the power of others
6
Q
What are the characteristics of power?
A
- Power is relational (think US vs USSR, US vs China)
- Means, not an end
Karl Deutsch: “power is the currency of politics” – money means to goods and services; power means to what? - Power based on Perception
- Multidimensional (think hard vs soft power)
- Total amount of political power is fixed “zero-sum game” vs “positive-sum game”
- National power is dynamic: Power can increase or decrease
- Institutionalization of power
Steve Krasner: “meta-power” – control outcome through institutions and systems (IMF, UN, etc. and the US’ power vs China)
7
Q
What are carrots and sticks?
A
- carrots are positive inducement of force/influence (think foreign aid and public diplomacy)
- sticks are negative threats of force/influence (think sanctions and war)
8
Q
According to Kenneth Waltz, what does power gives states?
A
- Maintenance of autonomy
- Increased freedom of action
- Great margin of safety
- Greater influence in int’l community
9
Q
What are the 11 ways to maintain the balance of power (BOP)?
A
- divide and rule
- territorial adjustment
- buffer states
- alliances
- spheres of influence
- intervention
- diplomacy
- peaceful settlements
- arms control
- arms race
- war
10
Q
What is international law?
A
- Body of rules that states and other agents accept as binding obligations in the world community
- Goal of public good for the international community
- Different from national laws which are specified in Constitutions, superior to all laws: weaker hierarchy exist in int’l law
11
Q
What are the 3 features of international law?
A
- International norms and rules
- Applicable primarily to states but increasingly non-state actors also - MNCs, INGOs, individuals, etc
- Depend on voluntary compliance more so than in domestic law (no authority to make, interpret, or enforce
12
Q
What are some examples of international norms and rules?
A
- State rights & duties – self-determination, self-defense, non-intervention, polluting high seas, treaty obligations
- Jurisdiction – diplomatic sanctity, criminal prosecution (extradition,) SOFA status of forces agreement
- Law of the sea (UNCLOS) – EEZ, flag state
- Air space/Outer space (ADIZ) – passage consent, flag state
- War (jus in bello) – POWs, civilians, hostages
13
Q
Who is Hugo Grotius?
A
- Hugo Grotius (1583~1645) is considered the “father of international law”
- Adam Smith described him in 1762 as “the first…to give the world anything like a regular system of natural jurisprudence”
- laid the foundations for international law based on natural law
- Noted books: De Jure Belli ac Pacis [On the Law of War and Peace] dedicated to Louis XIII of France and Mare Liberum [The Free Seas]
- First to define the idea of one society of states governed not by force or warfare but by actual laws and mutual agreement to enforce those laws
14
Q
What did Hugo Grotius address in his writings?
A
- Jus ad Bellum with a focus on the doctrine of self-defense;
- Jus in Bello (Hague Conventions of 1899 and 1907 embraced his notion of a prohibition on unnecessary suffering;
- Rights of Individuals (precursor of modern international human rights law - right to life, food, medicine, and for the protection of non-combatants during war);
- Humanitarian Intervention
- Freedom of the Seas - freedom of navigation (direct link between Grotius’ concept of freedom of the seas and the 1982 UN Convention on the Law of the Sea)
15
Q
When is war considered just?
A
- Just War Doctrine
When can a war be waged and how should it be carried out
Moral conditions for undertaking a just war - Jus Ad Bellum (justice in resorting to war):
Just cause
Last resort
Competent authority
Limited objective (unlimited war immoral)
Reasonable hope of success (vain wars not justified) - Jus In Bello (justice in war):
Discrimination norm – military vs civilian
Proportionality norm – means vs goals
16
Q
What does the UN Charter Article 2 (4) state?
A
All members shall refrain from threat or use of force against territorial integrity or political independence of any state
17
Q
What is the realist approach to international law?
A
- Command Theory of Law
- Only law backed by force is law
- Thomas Hobbes, Leviathan: “covenants without swords are but words”; “where there is no common power, there is no law”
- Force compliance by force or threat of its use - obedience
- John Austin (English jurist, 1790-1859): “the command of the sovereign”
- International law vs sovereignty – Humanitarian Intervention? Responsibility to Protect (R2P)?
18
Q
What is the behavioralist approach to international law?
A
- voluntary habits of compliance
- Rules and norms habitually followed – paying tax, obeying traffic lights, respecting private properties, etc.
- Legitimacy in law and public institutions
- Understanding that compliance best serves both public and personal interests
- Balance between enforcement and legitimacy
19
Q
What are the 4 main sources of international law?
A
- according to article 38 of the statute of the International Court of Justice (ICJ, successor of the League of Nations’ PCIJ or permanent court of international justice):
- International treaties and agreements
- Custom (common law)
- General principles of law
- Judicial decision and teachings of influential writers on international law
20
Q
What are international treaties and agreements and how are they observed?
A
- Formal, binding legal agreement between states
- Explicit norms based on the consent of multi-states – binding obligations
[Codification of existing practices vs creation of new norms
UN Charter, 3rd Law of the Sea Convention (1982), Montreal Protocol (1987), Vienna Convention on Diplomatic Relations (1961), NPT (1968)] - Pacta sunt servanda – treaties must be observed
- Rebus sic stantibus – exceptions to compliance caused by fundamental change in original treaty conditions or circumstances [1. under duress; 2. exploitation; 3. instrument of power; 4. fraud]
think: Korea-Japan Treaty 1965 – “comfort women”?
21
Q
What is custom in international law?
A
- common law
- Customary rules
Universality and repeated usage regulated by customs
State practice – behavior and action
(ex: diplomatic immunity, exemption of noncombatants from attack during wartime) - Opinio juris: necessary to establish a legally binding custom, meaning a subjective obligation to be bound to the law in question
- ex: Paquette Havana case, 1900
Paquete Habana & Lola: a case of US Supreme Court recognizing that capturing fishing vessels as prizes of war violated customary international law [Spanish-American War]
22
Q
What are some examples of international law working?
A
- international law is for the prevention of war and minimization of human suffering
- The Hague Conventions of 1899 and 1907, the first multilateral treaties that addressed the conduct of warfare
- Kellog-Briand Pact (1928) pact - outlaw war
- UN Charter 2 (4) states that States should refrain from threat or use of force against other States
- international law contributes to the peace and stability of the international system
23
Q
Do sanctions work?
A
- failed in North Korea, Russia, and Iran
- worked in 1994 in South Africa (stopped apartheid)
- worked in Libya (ended its weapons of mass destruction program in 2003)
- Liberia (2005) complying with the peace agreement and democratic process
24
Q
What are the human rights as stated by the 1993 World Conference on Human Rights and the UN?
A
- include the right to life and liberty
- freedom from slavery and torture
- freedom of opinion and expression
- the right to work and education
- all are universal, indivisible, interdependent, interrelated
25
Q
What is the oldest known writing of human rights?
A
- Cyrus the Great (1st Persian Empire) (6th Century BC)
- Cyrus cylinder
- UN declared the relic in 1971 an “ancient declaration of human rights”
- Freedom to slaves(Jews freed from Babylonian captivity), religious freedom, restore temples, improve lives, allow, etc.
- spread to Greece, India, and Rome
26
Q
What is Roman ‘Natural Law’?
A
people follow without being commanded but despotic rulers abuse power
27
Q
What is the Magna Carta?
A
- King John of England, issued 6.15.1215
- Symbol of liberty, democracy, and human rights
- Known as the “the Great Charter”
- Inspired British Bill of Rights (1689), US Declaration of Independence (1776) and Constitution (1788), French Revolution (1789-99/“Liberté, égalité, fraternité”)
- Concepts of Roman Natural Law become Natural Rights (French)
28
Q
What is the UN Charter Preamble?
A
- reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small”
29
Q
What is the Universal Declaration of Human Rights?
A
- issued 12.10.1948
- Article 1: “All human beings are born free and equal in dignity and rights”
- adopted by the UN General Assembly, drafting committee chaired by Eleanor Roosevelt
- not legally binding
- translated into over 501 languages
30
Q
What were FDR’s four freedoms in his State of the Union address in 1941?
A
- freedom of speech
- freedom of worship
- freedom from want
- freedom from fear
31
Q
What are the worst crimes in international law?
A
- crimes against humanity
- war crimes
- genocide
- ethnic cleansing
32
Q
What are the International Covenants?
A
- adopted in 1966 by the UN on human rights
- first human rights law “born” September 1976
- International covenant of economic, social, and cultural rights (ICESCR)
- ICESCR: labor, medical health, marriage, education
- international covenant of civil and political rights (ICCPR)
- ICCPR: life, justice, protection of children, travel and movement.
- universal declaration of human rights (UDHR)
- all 3 covenants = international bill of human rights
33
Q
What is the ICESCR?
A
- International Covenant on Economic, Social, and Cultural Rights
- commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to the Non-Self-Governing and Trust Territories and individuals, including labor rights and the right to health, the right to education, the right to an adequate standard of living, etc.
- 4 major areas: labor, marriage, education, medical health
34
Q
What is the ICCPR?
A
- International Covenant on Civil and Political Rights
- commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process, a fair trial, etc.
- 4 major areas: protection of children, life, travel and movement, justice
