lect 7 - int'l rules Flashcards
types of international institutions
4 things what we see as international institutions
(international norms and law together = international rules)
types =
- international norms (together with international law = international rules)
- international law (together with international norms = international rules)
- inter-governmental organisations
- international regimes (usually a mix of rules and organizations)
may be effective or ineffective, fair or unfair, morally good or bad, may involve only states or also non-state actors
what do int’l institutions do
- a functional definition:
int’l institutions = rules and organisations that prescribe behavioral roles, constrain activity, and shape expectations in world politics
!these things can change
3 things that int’l institutions do
PRESCRIBE BEHAVIORAL RULES: define the characteristics, rights and responsibilities of actors with certain identities
- prescribe what it means to be a; state, member state, NGO, ambassador, prisoner of war, refugee
CONSTRAIN ACTIVITY: establish positive and negative incentives for acting in certain ways
- do this and you will benefit, do this and you will pay a cost
- guide behavior
SHAPE EXPECTATIONS: provides ideas and information that helps actors predict how others are likely to act in various situations
- given prevailing institutions, I expect other will do ….
- e.g. what side of the road you’re driving on
graph slide 8
horizontal = rules and organizations
vertical = formal and informal
in the middle = international regimes
international norms
- definition + 2 types
= informal but widely accepted standards of appropriate behavior for international actors of a particular type
procedural norms: define how actors should interact, how decisions should be made
- e.g. reciprocity, consultation
substantive norms: define what outcomes should be achieved
- e.g. territorial integrity, national self-determination, respect for human rights, stop killing whales
int’l law definition + what does it do
= rules and principles that are generally recognized as binding on states and other international actors
what does it do?
- public int’l law = defines rights and responsibilities in relations between states, and between states and individuals/other private bodies
- private int’l law = defines rights and responsibilities between private bodies (individuals, companies, etc.) in diff countries
anarchy and law?
how can there be int’l law if there’s no gov above governments?
int’l legal system is decentralized: not hierarchical like a domestic legal system
int’l law = decentralized:
rule making, rule commitment, rule enforcement, rule compliance depend heavily on voluntary choices by states and other actors
dynamics of international rules
international rules = international norms and international law
2 dynamics:
- sources: how are they created, how do they spread, how do they evolve?
- pursuit of joint gains
- imposition
- norm life cycle
- localization
- contestation - effects: do int’l rules matter, do they shape outcomes?
- realist approach
- managerial appraoch
- incentives approach
- international socialization
- domestic politics
- rule evasion
sources of int’l law (in legal doctrine)
in order of importance:
- treaty law = rules that states have agreed to follow by signing a ratifying treaties or conventions
e.g. Vienna convention on the law of treaties - customary law = rules that most states follow most of the time based on a sense of legal obligation
- sometimes unwritten: sometimes later formalised in treaties
- ex. diplomatic immunity -> also under int’l law
- difference with norms: norms are not legally binding, customary law is - general principles of law: rules found in many national legal systems
- e.g. Nuremberg tribunal: murder illegal in all countries
!special type of customary law = jus cogens
= rules that are widely considered binding on all actors, whether or not they have agreed to be bound
- an exception to the general norm that int’l law is based on consent
- may be reinforced by treaties but it is not required
- e.g. no aggression, genocide, crimes against humanity, slavery, piracy
(e.g. customary law = 1898 Spanish-American war, US gaining colonies, Cuban fishing flag with Spanish flag captured by US, sold the fish and ship (did return the shipmen) -> owner ship sued under customary law: for 100 years everyone has known that under war fishing boats are off-limits (cited old lawyers, shakespear) -> US supreme court ruled against US navy (had to repay the money to the Cuban fisher business))
sources of international rules
- rational pursuit of joint gains
(Keohane 1982)
!rational argument
int’l rules for the rational pursuit of joint gains
(all) states accept rules that enable them to cooperate under anarchy and thus to achieve joint gains
- (all) states realize they benefit from cooperation, but cooperation is not easy, int’l rules make cooperation easier -> states voluntary agree to create rules to make it easier to cooperate
e.g.
- rules that reduce fears of non-compliance (e.g. reciprocity, consultation norms)
- rules that promote transparency (e.g. rules that require information-sharing or monitoring)
- rules that facilitate the negotiation of agreements (e.g. diplomatic immunity)
states will continue to support these rules as long as they enable cooperation and the achievement of joint gains… even if the distribution of power among states changes
sources of international rules
- imposition (unrestrained power)
Gruber 2000
strong states impose rules on the int’l system that maximize their self-interests
weak states accept these rules when rejecting them would be more costly
when new great powers emerge, they create and impose new rules
sources of international rules
- imposition (restrained power)
Ikenberry 2001
diff from Guber = powerful states create rules, esp. after big wars, but they have a self-interest in limiting themselves (not going all out to maximize their self-interest), to keep the system stable: keep other states happy(er)
after major wars, victorious powers seek to re-establish international order by imposing formal and informal rules on the international system
when the dominant state(s) accept limits on their own power and avoid maximising their self-interest, the rules they impose will be more acceptable to other states and more likely to survive re-distribution of power
sources of international rules
- persuasion
‘Policy entrepreneurs’ (diplomats, NGOs, activists, scientists, etc.) persuade state officials or mass publics that certain rules are right and desirable.
Persuasion may be based upon:
- Moral arguments: ex. prohibition of slavery
Ethan A. Nadelmann (1990). Global Prohibition Regimes: The Evolution of Norms in International Society.International Organization 44:4, 479-526 - Causal arguments: ex. environmental treaties
Peter M. Haas (1992). Introduction: Epistemic Communities and International Policy Coordination. International Organization 46:1, 1-36
we can understand how rules evolve by looking at persuasion
sources of international rules
- norm life cycle
Finnemore and Sikkink
norms evolve: new idea -> something completely accepted
- norm emergence = individuals, NGOs, govs try to persuade others that a certain idea should be an international norm = norm entrepreneurs trying to persuade
- norms cascade = more and more govs accept the norm
tipping point -> becomes unacceptable to reject the norm, so more accept it - norm internationalization = governments integrate the norm into their expectations, national legislation and bureaucratic procedures
(nobody thinks about it anymore, it is taken for granted)
sources of international rules
- localization
Acharya
How are int’l rules received around the world? how do local actors respond to it?
when an int’l rule is spreading around the world, local actors have several options:
- rejection = sustained resistance blocks local adoption of the int’l rule
- localization = int’l rule is merged with pre-existing ideas and rules, producing a new, hybrid rule at local level
- adoption = int’l rule replaces pre-existing local ideas and rules
localization = active construction (through discourse, framing, grafting, and cultural selection) of foreign ideas by local actors, which results in the former developing significant congruence with local beliefs and practices
sources of international rules
- contestation
(Weiner 2018)
rules/norms are not constant, they are always contested
= when actors challenge the meaning, legitimacy, or applicability of a prevailing rule
this is important because the strength of rules depends heavily on actors’ agreement on their meaning, legitimacy and application
possible effects of contestation =
- clarify or obscure the rule’s meaning (make it more or less clear)
- reinforce or undermine the rule’s legitimacy and thus its strength
- confirm or disconfirm the rule’s applicability in a particular situation
