International law

Question 1

What is the history leading up to the creation of IL?

Answer 1

• municipal law- command of monarchs
• Westphalia 1648
• late 19th C, command of God abandoned- positive law, contractual, created

Question 2

What are the 3 elements of law?

Answer 2

• legislative
• interpretation and adjudication
• enforcement

Question 3

What is legislature?

Answer 3

The formation and enactment of legally binding rules/ norms

Question 4

What is interpretation and adjudication?

Answer 4

The determination of which rules apply, their meaning and nature

Question 5

What is multilateralism?

Answer 5

Legitimate legislation constructed between more than 2 states

Question 6

What are treaties?

Answer 6

International conventions establishing rules expressly recognised by a consenting state. Agreement concluded by states and governed by IL. Physical- pactus sunt servanda

Question 7

What are examples of treatments?

Answer 7

• UN charter
• Geneva conventions
• European convention on human rights
• anti ballistic missile treaty

Question 8

What are customary laws?

Answer 8

International customs, as evidence of a general practice accepted as law. Opinio Juris.

Question 9

What are properties of international courts?

Answer 9

• no courts with compulsory jurisdiction
• no hierarchy of courts
• most courts are state to state

Question 10

What is the function of the International court of justice?

Answer 10

• principle judicial organ of the UN
• jurisdiction in conventions cases
• requires principle of consent
• is advisory jurisdiction
• cannot create IL

Question 11

What are different types of enforcement?

Answer 11

• collective
• unilateral
• sanctions

Question 12

What is jus ad bellum?

Answer 12

Laws governing when states may use force

Question 13

What is jus in bello?

Answer 13

Legal basis for conduct during war

Question 14

What was decided regarding force at The Hague peace conferences (1899/1907)?

Answer 14

• War must be declared

- limits choice in means of harm

Question 15

What did the League of Nations decide regarding force?

Answer 15

• does not prohibit war
• the institutional system serves to reduce the risk of war
• there is a cooling off period of 3 months before force can be used

Question 16

What did the Kellogg Briand pact (1928) decide regarding war?

Answer 16

• renounces War as an instrument of national policy

- still stands for self defence

Question 17

What does the UN say regarding force?

Answer 17

• article 2.4- ‘all members shall refrain in their IR from the threat of use of force against the territorial integrity of political independence of any state’
• exceptions are UNSC authorisation and self defence

Question 18

How do realists perceive IL?

Answer 18

As epiphenomenal to state power. Representative of victors justice

Question 19

How to liberals perceive IL?

Answer 19

• states represent domestic politics

- moravcsik- states sign up to human rights, as want to bind future governments to ideas they agree with

Question 20

How do institutionalises perceive IL?

Answer 20

• IL is formed out of states’ interests
• facilitates cooperation
• a means through which states pursue relative gains
• a means of forgoing short term interests to protect the long term

Question 21

How do constructivist perceive IL?

Answer 21

• states are social entities who participate in IL as it is appropriate behaviour
• IL provides rules and norms that underpin IR
• Martha finnemore- non state actors are norm entrepreneurs
• Keohane- important for influencing how we and others behave

Question 22

What is John Bolton’s view of IL?

Answer 22

States are morally and politically bound to treaties, but not legally

Question 23

What is Paul Kahn’s view of IL?

Answer 23

It is ‘one of the tools available to weaker states in their battles with more powerful states’