International law Flashcards
How is International law and national law different from each other?
Derivation from Tradition and Agreements: International law is not solely created by a central authority like a legislature. Instead, it stems from traditions and agreements (such as treaties, conventions, or accords) that are signed by states. These agreements are often based on past practices or customs that have evolved over time. In other words, international law relies heavily on the consent and cooperation of states.
**Difficulty of Enforcement: **Enforcement of international law is much more challenging compared to domestic law. Domestic law typically has a centralized enforcement mechanism, like the police or courts, to ensure compliance. In contrast, international law lacks a strong, centralized body to enforce it.
**Reciprocity: **States may comply with international law out of a desire for mutual benefit or to ensure other states uphold their own agreements.
**Collective Action: **States may work together, through organizations like the United Nations or regional entities, to enforce international law. However, collective action is often hindered by differing national interests.
International Norms: Norms, or informal rules of behavior, play a significant role in guiding state conduct. While norms aren’t legally binding, they can strongly influence state actions and shape the behavior of states on the global stage.
For your own knowledge: What is a legislature?
A legislature is a body of elected officials responsible for creating, amending, and repealing laws. It is a key part of government and typically consists of one or two chambers, such as a House of Representatives and a Senate.
Where do laws within the state come from?
from central authorities, (legislatures or dictators) because states are sovereign and recognize no central authority.
What are the 4 different types of international law?
1) Treaties
2) Custom
3) General principle of law (such as equity)
4) And legal scholarship
What does Treaties mean in international law?
Written conventions signed by states are the most important source.
A principle in international law are that says once signed and ratified ( agreed to), must be observed ( Pacta sunt servanda).
What happens when states violate the terms, and why do they do that?
Only if the matter is important will they give small penalties. The reason they violate it in the first place is because they see it as a small penalty.
Are the treaties binding?
Yes, whether a new government takes power through elections, a coup, or a revolution. BUT Some treaties have built-in escape clauses, that states legally withdraw from them after giving due notice without violating international law.
What is the world’s most important treaty?
The UN charter, its implications are broad and far-reaching.
What is the second major source of international law? And explain what it is.
Custom: when states behave towards each other in a certain way for long enough, their behaviour may become generally accepted practice with the status of law.
What is the general principle of law?
Serve as the 3rd source of international law. The general principles of law are basic rules and ideas that guide how laws are made and applied, ensuring fairness and justice.
What is legal scholarship?
(4th source) refers to the study, analysis, and writing of legal topics by scholars, researchers, and academics. It involves exploring, interpreting, and critiquing laws, legal systems, and legal theory to contribute to the understanding and development of the law.
Who are only taken to account in “Legal scholarship”
The highly qualified and respected legal figures, used only to resolve points that were not resolved by the first 3 sources of IL.
What is enforcement of international law?
Enforcement of international law imposes obligations on both states that violate the law and other states. So they making sure that countries follow international rules and agreements. Since there is no global police, enforcement relies on cooperation between countries, sanctions, and international organizations.
How is international law more difficult to enforce?
Anarchy, there is no world police force.
What does enforcement of international law depend on?
1)Power of the states themselves: Individually or collectively, to punish transgressors (the ones that violated the law).
explanation: This refers to the sovereign power of states to take action against individuals or other states that break the law. States have the authority to punish wrongdoers either on their own (individually) or by working together with other states (collectively) through methods like sanctions, legal action, or other forms of punishment.
Enforcement of law depends heavily on…
Reciprocity principle.
What is reciprocity?
Rewarding behaviours that contribute to the group & punishing behaviors that pursue self-interest at the expense of the group.
Why do states follow international law most of the time?
States want other states to follow the law because they expect the same in return and don’t want others to disregard it.
What does international law recognize in certain circumstances?
The legitimacy of reprisals: actions that would have been illegal under international law may sometimes be legal if taken in response to the illegal actions of another state.
Explanation: The legitimacy of reprisals means that actions which would normally be illegal under international law may become acceptable if they are taken as a response to another state’s illegal actions. In other words, when one state is harmed or violated by another, it may have the right to take retaliatory measures, even if those actions would usually break the law, as long as they are proportionate and aimed at enforcing the law.
What are reprisals ( for your own knowledge)
Reprisals are retaliatory actions taken by one state in response to another state’s illegal or harmful actions. These measures are usually intended to pressure the offending state to comply with international law, and while they may be illegal under normal circumstances, they can sometimes be justified as a response to violations by the other state.
What happens to a state that breaks international law?
May face collective response by a group of states, such as the imposition of sanctions, agreements among other states to stop trading with violators or to stop some particular commodity trade, as a punishment of its violation.
How can a sanctioned state become a pariah in the community of nations?
Meaning it’s cut off from normal relations with others, which is very costly in this globalized and interconnected world, as the economics and well-being of all states depend on trade and economic exchange in world markets.
Why could sanctions be as important as a military response? How can globalization be enforced in this argument and seen through a liberalistic point of view.
Meaning it’s cut off from normal relations with others, which is very costly in this globalized and interconnected world, as the economics and well-being of all states depend on trade and economic exchange in world markets.
Even the world’s superpowers contain their behavior, at least some of the time, to adhere to international law, explain what this means.
This means that even the most powerful countries follow international law because it helps maintain peace and stability in the world. By respecting these laws, they can build good relationships with other countries, avoid conflicts or penalties, and be seen as legitimate and responsible global leaders.
International law enforcement is through…
Reciprocity and collection response.
What is the international law enforcement’s weakness?
It depends entirely on national power. Reciprocity works only if the aggrieved state has the power to inflict costs on the violated. Collective response works only if the collective cares enough about an issue to respond.
If international law extends only as far as power reaches, what good is it?
Answer lies in the uncertainties of power. Without common expectations regarding the rules of the game and adherence to those rules, most of the time by most actors, power alone would create great instability in the anarchic international system.
explanation:
This means that in the world, where there is no global government, countries need to follow common rules to avoid chaos. If each country only used its power without any agreed rules, it would create instability and make things much more unpredictable. Following these rules most of the time helps keep things peaceful and organized.
Who stands out in the international system?
The states that break the rules, so they try to avoid doing so.
What are states motivated by?
They are motivated by the longer benefit, rather than the short-term benefit.
International law, even without perfect enforcement, creates expectations about what constitutes legal behavior by states. Because violations or divergences from those expectations stand out, it is easier to identify and punish states that deviate from accepted rules. When states agree to. rules by the signing treaties, violations become more visible and clearly illegal. What does this mean?
This means that international law helps set clear expectations for how countries should behave. Even without perfect enforcement, when a country breaks these rules, it’s easier to notice and hold them accountable. When countries sign treaties, agreeing to specific rules, it makes violations more obvious and harder to justify, making them seem clearly wrong or illegitimate.
Although power continues to reside in states, international law established a workable rule for those states to follow. The resulting stability is so beneficial that usually the costs of breaking the rules outweigh the short term benefits that could be gained from such violations. What does this mean?
This means that while power still belongs to individual countries, international law provides a set of rules for them to follow, which helps create stability. The benefits of maintaining peace and cooperation through these rules are so important that, most of the time, the negative consequences of breaking the rules (like sanctions or damaged relationships) are greater than any short-term gains a country might get from violating them.
What is the World Court? Focus on?
-A general world legal framework, in which states can pursue grievances against each other. When a state has a grievance against another, it can take the case to the world court.
-Focus on states.
What is the World Court formally called? And what is it a branch of?
-The world court of justice
-Branch of the UN
What might the Security Council and the General Assembly request from GA?
-Advisory and court opinions on matters of international law.
Explanation:
Advisory meaning recommendations.
What is the world court system like?
-A panel of 15 judges elected for a nine-year terms
-5 judges every 3 years
-Can sometimes add a ad hoc judge
Who are the 15 judges elected by?
-Majority of both the Security Council and the General Assembly.
It is customary for permanent members to have one of their nationals as a judge at all times. True or false?
True
What’s an ad hoc judge?
hoc judge (short for ad hoc judge) is a temporary judge appointed for a specific case in an international court.
“Ad hoc” means “for this purpose” or “for a specific case”
What is the great weakness of the World Court?
States are subject themselves to their own jurisdiction or obey its decisions, meaning that they can’t force the state to agree to agreements as the court doesn’t have authority over them due to sovereignty and anarchy.
What have almost all states , and 1/3 signed on?
-Almost all states have signed the treaty for creating the court.
-A third have signed the optional clause, to agree on the terms of giving the court jurisdiction in certain cases.
What did the signatories add to their own stipulations?
To reserve their rights, they limited the degree to which the court can infringe on national sovereignty.
What does arbitrate mean?
Reach a settlement
What is the main use of the World Court now?
Arbitrate issues of secondary importance between countries with friendly relations overall.
Why do the world court mostly interfere in small cases?
So they don’t interfere or threaten their sovereignty,
A security interest is not at stake because with friendly relations, states are willing to submit to the court’s jurisdiction.
What is the Miranda warning?
The Miranda Warning is a legal warning given by law enforcement officers to individuals in custody before they are interrogated.
Typical Miranda Warning:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
Why have states used the court infrequently over the years?
Because of the **difficulty **of winning enforceable agreements on major conflicts through the World Court.
What is Just War Doctrine?
International law regarding wars.
Laws concerning war are divided into two areas?
Laws of war
laws in war
What are the laws of war? What’s the other name of it?
When war is permissible.
Jus ad bellum
What are the laws in War?
What’s the other name of it?
How wars are fought
Jus in bello
Is just war legal?
Yes, meaning justice war.
Are wars of Aggression legal?
Nope illegal.
True or false? Just war doctrine has become a strong international norm.
True
From what book does the Just war doctrine/theory come from?
UN charter.
The idea of aggression, around which the doctrine of just war evolved, is based on..
1) Violation of sovereignty
2) Terrtorial integrity
of states
Aggression refers to a state’s use of force, or an imminent threat to do so, against another state’s territory or sovereignty. Unless…
The use of force is in response to aggression.
For a threat to constitute aggression and justify the use of force, it must be..
A clear threat of using force and not just a hostile policy or rivalry. Because it will just initiate more wars.
States have the right to respond to aggression in the only manner though to be reliable, through..
Military force.
What are the 2 different types of responses, explain each one.
Repelling the attack: stopping or pushing away from the attack.
Punishing: Fight back, retaliate.
How do they maintain the norm of nonaggression in the international system?
Responses can be made by the victim of aggression or by other states not directly affected ( which is usually the UN).
True or false: Response to aggression is the only allowable use of military force according to just war doctrine.
True
The Just war approach thus explicitly rules out war as an instrument to change another state’s government or policies or ethnic and religious conflicts. Explain what this means:
The approach is not to change the policies, but to just stop the aggressor.
The Un character makes no provision for “war” but rather for….against aggressors.
International police actions
How can a war be morally just?
Must be more than a response to aggression, but the purpose of responding to aggression. So the Intent must be just.
What can be the issue for the Just War doctrine
It has been undermining, more seriously than the laws of crime, by changing the nature of warfare.
Hard to justify war
What is it hard to idenifity in the Just war doctrine?
Hard to identify an aggression in such situations, and harder to balance the relative merits of peace and justice.
Explain the just war doctrine as a whole…
Just war, notion that the resort to armed force (jus ad bellum) is justified under certain conditions; also the notion that the use of such force (jus in bello) should be limited in certain ways.
What are the 4 most important justifiable conditions for war?
1) The war must be declared openly by a proper sovereign authority
Example: The governing authority of the political community in question.
2) The war must have a just cause
Example: Defense of the common good or a response to grave injustice.
3)The warning state must have just intentions
Example: It must wage the war for justice rather than for self-interest.
4) The aim of the war must be the establishment of just peace.
The bedrock of international law is respect for the rights of
diplomats
What is a diplomat?
An official representing a country abroad.
What are some of the standards set for diplomats?
1)Applied universally
2)Taken very seriously
Why is it necessary to have the ability to conduct diplomacy? (Have diplomats in your state?)
Necessary for all other kinds of relations among states, except an all-out war.
for your own knowledge: What’s an all out war?
when two or more parties are using all their strength and resources in combat against each other with the intent of gaining absolute domination or destruction of the other.
What’s defined in the process of diplomatic recognition?
The status of embassies and of an ambassador as an official state representative.
-Having an embassy in your state, of another state’s representative.
Do the diplomats follow the laws of the country it is in or the one they represent?
The one that it represents
True or false:
The diplomats have certain rights and protection in the host country?
True
True or false: The host can apply laws in the embassy without the consent of the representative?
False, has to first get consent from that country.
True or false: The diplomat’s right to travel can be restricted to one city or even the countryside?
True
What’s diplomatic immunity?
They are protected individuals, even when they leave the embassy grounds.
What happens if the diplomats commit crimes?
They may be shielded from arrest, all the host country can do is take away a diplomatic accreditation and expel the person from the host country, and pressure the representative country to have the diplomat face a trial for that crime.
Explain why the host can’t enforce the law on the diplomat?
They follow their own state’s law that they represent.
What does it mean to break diplomatic relations?
To withdraw one’s diplomats from a state and expel the diplomat of that state’s diplomat from one’s own state.
Explanation: Meaning they take their diplomat out of that state, and remove their diplomat from their own state.
What tactic do the states use to break diplomatic relations?
Withdraw one’s diplomat to show displeasure with another government.
Give an example when China withdrew its diplomat from some states.
When they showed recognition to Taiwan diplomatically.
What happens when two countries lack diplomatic relations and still want to do business?
They do business through a third country willing to represent a country’s interest formally through its own embassy in the INTEREST SECTION.
How can states register lower levels for displeasure?
Recalling their ambassadors home for some period of time:
Diplomatic norms call for a trip home “for consultations” even when everyone knows the purpose is to signal annoyance.
How to express a sign of displeasure?
Formal complaint
If, for example, America attacks the Egyptian embassy, who is the attack towards?
Egypt, so an attack on the embassy of that representative is an attack on the state, is self,
When is the law of diplomacy repeatedly violated in which context?
terrorism.
The terrorist groups do not enjoy the benefits of diplomatic law (as states do) so they are willing to what?
Break the diplomatic norms and law.
What can terrorist groups do to break diplomatic norms?
They attack the diplomats or the embassies, also means that it is an attack on the territory of the state itself.
