History and Development Flashcards
Ancient History
Holy Alliance-Solemn Treaty 2100BC, on stone and defined territories
Ramese II of Egypt and King of Kittilies concerned peace and eternal brotherhood
Prophet Isaiah sworn agreements that even enemy must be respected
Asia/India treaties too but unknown
Greece/Roman then developed idea of natural law which is where most of the ideas for international law derive from
Middle Ages
Religion and Church important as it was almost forced international law. Maritime regulations developed. Then scholars thought more about it and developed it from just natural law into it’s own form of law.
19th Century
Eurocentric ideals of international law, had to change quickly alongside the industrialisation. Some treaties were founded, postal, telegraphic ones. Hague and Geneva peace conferences was established as well
20th Century
WW’s, League of Nations failure to stop Germany, but laid the ground work for UN, Treaty of Paris failure - Not many countries, no real prevention as just ask to refrain from war and go to arbitration instead
Purpose of UN
Maintain international peace and security - collective measures, prevention and removal of threats, conform with justice and international law.
Friendly Relations - equal rights and self determination
International co-operation - solving problems of economic, social, cultural or humanitarian character/promote Human Rights/Fundamental freedoms
Media distortion of UN
Many believe it simply sends troops into countries, yet it deals with a significant number of other things to do with international law such as HR, maritime
Definition of International law
Bentham - a collection of rules governing relations between states
Jessup - All actions/events that transcend national frontiers whether public or private (Individuals and states accountable)
Nature of PIL - Naturalists
Relies upon natural law, which is meant to be derived from God. This then makes it superior. Universal principles which everyone must follow. Vitoria - Believed that the Spanish conquests were immoral as the natives were also humans and subject to natural law
Positivists
Emerged when general confidence of Church declined. States were to be accountable to ideals such as fairness and divine will. Mainly concerned with state consent. Not universal system but fragmented by state obligations. Austin without an international superior legal system then merely laws on morality. Same time as first international treaties developed.
Pragmatists
World needs it in order to function properly, always been an interdependency between states.
Is International Law, Law?
Many claim it is not, yet it is still mainly complied with.
Realist Theory (IL Law?)
Anarchic as no legitimate authority sitting above states, therefore irrelevant
Facilitative Model (Consensual Theory) (IL Law?)
Law provides subjects with procedures within which they have to engage with one another
Why do States obey International Law?
- Violation would be detrimental to potential future interactions
- Behaviour enshrined is of value and political rationale is clear
- To maintain international order
- Habitually formulate polices with act in accordance with it
- Long term interests to do so
Is International Law enforceable and adequate?
Just because states breach it does not mean it isn’t adequate as tend to justify breach with international law. Don’t tend to refute international law just explain why they broke it.
Sanctions can be put in place
