International Law & UN Flashcards
International Law
- The law that governs states and other international actors
- Cannot be enforced the same way because there’s no world government
- The purpose is to manage state to state relation.
- Two branches
- public, private
Private Internatioal Law
-Refers to the regulation of international activities carried out by individuals, companies and other non-state actor.
Public International Law
- applies to the states, which are viewed as legal ‘person’
- Govt. to govt. relations
The Peace of Augsburg
- 1555
- This consisted of a series of treaties that, amongst other things, reaffirmed the independence of German principalities from the Holy Roman Empire, and allowed them to choose their own religion.
The Peace of Westphalia
- 1648
- Consisting of the Treaties of Osnabruck and munster, this initiated a new political order in central Europe based on the principle of state sovereignty and the right of monarchs to maintain standing armies, build fortification and levy taxes.
The Treaties of Utrecht
- 1713
- These established the peace of utrecht which consolidated the principle of sovereignty by linking sovereign authority to a fixed territorial boundary.
Beginnings of International Law
- Writings from Hugo Grotius
- Important figure, theories focused on the conditions of war
League of Nations
Failed attempt at a global government
established in 1919 by the Treaty of Versailles
The League of Nations goals were very similar to that of the UN today
to promote peace amongst other nations
Although the efforts of the League of Nations was considered a failure becuase of the outbreak of WWII.
October 24, 1945 after World War II in order to prevent another similar conflict the UN was formed with 51 countries at first and now is currently comprised of 193.
Soft Law
Law that is not binding and cannot be enforced
Hard Law
Law that is enforceable
Natural Law
A moral system to which human laws do. or should, conform.
Treaties
Formal agreements between two or more countries
Why is International Law Obeyed?
- Self-interest and reciprocity
- Fear of disorder
- Fear of isolation
- Fear of punishment
- Identification with international norms
Main Disputes About International Law
Between Realists and Liberal views
UN Charter
“All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the purposes of the UN”