international law Flashcards
intro- claude
when is it effective
- States adherence to IR law is often influenced by various factors. International law, a key source of legitimacy in world politics (Claude) is a system of rules, principles, and concepts pertaining to how relationships should be conducted within a political unit such as in warfare, human rights, trade, and diplomacy. However, its effectiveness relies heavily on the consent of states, as they are only bound by international legal obligations if they are willingly agreeing to them.
first para- treaties
diff types
scott
why do they follow int law
One of the primary sources of international law is treaties, which are formal agreements between sovereign states establishing rights and obligations. These treaties can be bilateral (between 2 states) or multilateral (between three or more states). But states are constitutionally independent and so a state must consent to being bound by a treaty before being bound (Scott). Thus, one reason why states follow international laws is due to the binding nature of treaties. This encourages compliance as states seek to uphold their commitments and maintain their reputation in the international community. Upholding a treaty showcases a states commitment to international norms such as being a member of the WTO. On the other hand, violating a treaty can damage a states reputation. It can make other states hesitant to enter agreements with that state such as trade agreements.
second para realist pov
screening
From a realist point of view, states would only adhere to international law when it aligns with their national interests. From a realist perspective, state would prioritise their own security and survival above everything. International laws can be seen as a tool to achieve their goals. Perhaps states selectively choose to comply with legal obligations based on strategic calculations and whether they best fit their interests. The concept of ‘screening’ claims that maybe only states that are going to abide by the law in the first place sign the treaties.
last para when they did not follow int law
breachinf humanitarian law
- However there are cases where states did not follow international law such as the illegal US invasion of Iraq in 2003. The Bush administration used force in defiance of International law, and the US military breached international humanitarian law (the Geneva convention) in their treatment of Iraqi detainees. The US legal and moral justification for the invasion was that Iraq failed to comply with the security council resolutions requiring Iraq to disarm, but in fact no WMD were found and the public was misled