International law Flashcards
What is the history leading up to the creation of IL?
- municipal law- command of monarchs
- Westphalia 1648
- late 19th C, command of God abandoned- positive law, contractual, created
What are the 3 elements of law?
- legislative
- interpretation and adjudication
- enforcement
What is legislature?
The formation and enactment of legally binding rules/ norms
What is interpretation and adjudication?
The determination of which rules apply, their meaning and nature
What is multilateralism?
Legitimate legislation constructed between more than 2 states
What are treaties?
International conventions establishing rules expressly recognised by a consenting state. Agreement concluded by states and governed by IL. Physical- pactus sunt servanda
What are examples of treatments?
- UN charter
- Geneva conventions
- European convention on human rights
- anti ballistic missile treaty
What are customary laws?
International customs, as evidence of a general practice accepted as law. Opinio Juris.
What are properties of international courts?
- no courts with compulsory jurisdiction
- no hierarchy of courts
- most courts are state to state
What is the function of the International court of justice?
- principle judicial organ of the UN
- jurisdiction in conventions cases
- requires principle of consent
- is advisory jurisdiction
- cannot create IL
What are different types of enforcement?
- collective
- unilateral
- sanctions
What is jus ad bellum?
Laws governing when states may use force
What is jus in bello?
Legal basis for conduct during war
What was decided regarding force at The Hague peace conferences (1899/1907)?
- War must be declared
- limits choice in means of harm
What did the League of Nations decide regarding force?
- 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
What did the Kellogg Briand pact (1928) decide regarding war?
- renounces War as an instrument of national policy
- still stands for self defence
What does the UN say regarding force?
- 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
How do realists perceive IL?
As epiphenomenal to state power. Representative of victors justice
How to liberals perceive IL?
- states represent domestic politics
- moravcsik- states sign up to human rights, as want to bind future governments to ideas they agree with
How do institutionalises perceive IL?
- 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
How do constructivist perceive IL?
- 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
What is John Bolton’s view of IL?
States are morally and politically bound to treaties, but not legally
What is Paul Kahn’s view of IL?
It is ‘one of the tools available to weaker states in their battles with more powerful states’
