International Law Flashcards
Law Definition
Rules that reflect the will of a sovereign power, backed up by a system of coercion.
Soft Law
not binding and can’t be enforced (moral obligations)
Hard Law
is enforceable and has legally biding obligations
Natural Law
moral system that lays down the universal standards of conduct derived from nature or reason
Positive Law
enforceable commands that function irrespective of their moral content
What is the foundational principle of IL?
state sovereignty
What does IL not have? (differences from domestic law)
- no international legislative body
- no system of enforcement
Paradox of IL
the extent to which a system of international law can effectively function despite the lack of conventional methods of compliance
legal positivism
the defining feature of the law is the fact that’s enforced by a political superior and not its conformity to higher moral or religious principles
2 main sources of IL:
- treaties
- international customs
Legal Scholarship
sum of written arguments of the most highly-qualified and respected judges and lawyers can be used to resolve points of international law
Why is IL obeyed?
- self-interest
- fear of disorder
- fear of isolation
- fear of punishment
- identification with international norms
Fear of Isolation
having an international membership facilitates relationships
When is war justifiable by IL?
self defense and as a part of peace enforcement
ICC
International Criminal Court - A permanent institution with global jurisdiction
The Rome Statute
led to the establishment of the ICC
ICC claims for its effectiveness
- strengthens international humanitarian law
- tackling the global justice gap
- deterring future atrocities
ICC claims against its effectiveness
- participation in the jurisdiction is limited to states
- threat to state sovereignty and security
- interests of western states (biased)
Realist Approach to IL
- sharp distinction between domestic and international law
- IL are behavioral codes
- skeptical about IL and its value
- IL should uphold state sovereignty
Liberal Approach to IL
- only solution to disorder and chaos of anarchy is the establishment go a supreme legal authority
- peace through law
- IL reflects common interests and common rationality that binds states men together
- IL depends interdependence and cooperation
social constructivism
IL is crucially shaped by norms and perceptions and state behavior changed over time
feminists
IL is built on patriarchal biases and is constructed on the basis of masculine norms.
post-colonialists
IL is an expression of western global dominance since its developed out of Christian and Eurocentric thinking.
What did the idea of supranational law lead to?
Concept of global governance
