int'l law Flashcards
1
Q
int’l law
A
a system of rules, principles, and concepts pertaining to how relationships should be conducted within a political unit
- binding on those that consent to them
- expressed in terms of rights and duties
2
Q
treaties
A
- Written contracts between sovereign states that create rights and duties.
- Conventions, Accords, Pact, Charter
- Bilateral, multilateral
- Sometimes contract is for specific exchange of rights and duties - e.g. NATO (alliance treaties)
- Sometimes contract sets general rights and duties for all states e.g. genocide conventioncu
3
Q
customary law
A
- Sovereign states also establish custom:
- State practice
- Opinio juris - choosing to act that way for reasons of law
- If a lot of states routinely behaved as if they were following the same rule then they were essentially consenting to be bound by the rule.
4
Q
characteristics of rules based int’l order
A
- obligation
- the degree to which states are legally bound by an international rule
- precision
- the degree to which obligations are specified
- delegation
- the degree to which authority to interpret and implement rules is given to third parties
5
Q
hard law
A
obligatory, precise, high delegation
6
Q
soft law
A
exhortatory, ambiguous, low delegation
7
Q
realists
A
“States only comply with international law when it is in their interests to do so”
8
Q
Louis henkin
A
“Almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”
9
Q
treaties as commitment devices
A
- screening - Only those states that are willing to comply sign the treaties in the first place
- gains from compliance outweigh gains from breaking it
- Domestic Politics
- Reputation as rule-of-law state
10
Q
Simmons - human rights treaties
A
- treaties constrain gov’ts
- 3 domestic mechanisms
- Effect elite-initiated agendas
- Support Litigation
- Spark political mobilization
