INTERNATIONAL LAW Flashcards
How many types of int. institutions are there
3
Categories of institutions
Constitutional, Fundamental, Issue Specific
Const
Which are taken for for granted like the concept of sovereignty, without which there wouldn’t be any int law
Fundamental
Multilateralism,
Issue-specific
Poverty, Violence NATO, Interpol
Features of modern int. law
1.Multilateralism and legislation
2. Consent and Legal Objection
3 Language and Justification
Multilateralism and legislation
hoe multilateralism regulations are discussed
Norms which are made through formal and informal debates
Customary NOrms- which are obvious like space, deep sea
Consent and Legal Objection
Where state gives consent to a norm but critique also say that giving consent to a norm only applies when the states have understood a pre-concept legal obligation like they have to give their consent
Language and Justification
International Law- Legalities are not an exquisite concept and always contains something political like how US lures country and even UN to justify their acts in the Middle East
RHETORICAL AND ANALOGICAL ARGUMENT
JUS AD BELLUM JUS IN BELLO
JUS AD BELLUM
Int. law governing state when to go for war
JUS IN BELLO
Int law governing state what to do if decided to go to war
UN Articles based on Jus ad Bellum and Jus In Bello
chapter 7 art 51 use of force in self-defence
Chapter art 42 use of force as peace enforcement sanctioned by UNSC
Hague Conference 1899 1907
landmarks in Jus in Bello not using expanding bullets, dropping of bombs, use of projectiles
Theoretical Approaches Realism
George Kennan thinks not a super thing bc state is always going to be a major player
New Liberalism( NOT LIBERALISM)
Anne Marie Slaughter 3 categorisation of int law
- transnational linkage with state exec, legis, judic
- Transnational groups own laws
- Interstate linkages
COnstructivism
Ideational and normative behaviours of the state they felt the need to communicate, solve theit=r problems through the concept of following int law and regulating the states
Liberalism
The state self-interest built a dense network of a link to accomplish their goals which is the end f any state
CRITICAL LEGAL THEORY
a theory that argue that the concept of int law is just an unachievable concept of a utopia world endorsed by the superpower
PROBLems 1. No objective values only particularistic values 2. Lack of understanding of the legal framework and traditional legal rules like a state can never understand the criticality of another state bc of traditional value ti upholds
3. Multiple outcomes of legal values
4. State made sense of int law when they have domestically agreed upon it.