International laws and norms Flashcards
What is an international law?
body of rules that binds states and other agents in world politics and is considered to have the status of law
* Body of rules = rules that are woven together by one or more
unifying principles, such as sovereignty
* Status of law = composed of two types of rules
* Primary rules: regulate behavior (e.g., prohibit certain actions)
* Secondary rules: regulate how new laws are made
how do international laws vary?
precision: the degree to which international legal
obligations are fully specified
obligation: the degree to which actors are legally bound
by an international rule
delegation: the degree to which third parties (e.g., courts,
arbitrators, mediators) are given authority to…
* implement, interpret, and apply international legal rules
* resolve disputes over the rules
* make additional rules
soft:
- aspirational and ambiguous
- does not delegate significant powers to third parties
hard:
- obligatory and precisely defined
- delegates substantial authority to third parties, like international courts
How does international law help states cooperate?
International law helps states:
* Both start on cooperate
* Create expectations about how states will behave
* Clearly define what a violation looks like
- States create laws because they anticipate that cooperation will
bring benefits - States comply with laws because those anticipated benefits
actually come true - Widespread violations of law would undermine these benefits
- The more that states have to lose by not cooperating, the more
that international law will shape their behaviors
What is a norm?
standard of behavior that defines what actions are “right” or appropriate
How is a norm different from a law?
- Norms often serve as the basis for law
- But violating them is not “illegal”
- Norms can conflict each other (unlike laws)
How do states observe noncompliance to norms?
- Self-reports by states
- Directly monitor each other’s behavior
- Indirectly monitor using third parties, including TANs and NGOs
(e.g., International Campaign to Ban Landmines)
What are some reactions to noncompliance to norms?
Naming and shaming; publicize that an actor has done something wrong
Discuss Transnational Advocacy Networks (TANs)
These networks play a significant role in influencing state behavior and shaping international norms by promoting principled or issue-based standards of behavior across borders. TANs typically consist of actors like non-governmental organizations (NGOs), advocacy groups, and sometimes individuals who work collaboratively to advocate for social, environmental, or human rights causes on the international stage. They aim to raise awareness, mobilize public opinion, and pressure governments or international organizations to adopt policies aligned with their advocacy goals.
What makes a law effective?
- if states have an interest in cooperating
- high precision
- high obligation
- high delegation