Lecture 1

Question 1

Ideologies:
‘Nationalism’ means two things: a theory and a practice.
As a political theory —that each ‘nation’ should have its own ‘____’ — In practice nationalism is strong only in particularist terms, deriving from the belief that one’s own ethnic or national tradition is especially valuable and needs to be defended at almost any cost through creation or extension of its own _______.

Answer 1

As a political theory —that each ‘nation’ should have its own ‘state’ — In practice nationalism is strong only in particularist terms, deriving from the belief that one’s own ethnic or national tradition is especially valuable and needs to be defended at almost any cost through creation or extension of its own nation­state.

Question 2

Ideologies:
‘_________’ is the policy and practice of a strong power extending its control territorially over a weaker nation or people.
This sort of colonization was commonplace in the classical Mediterranean and in medieval Europe. Medieval and early modern English governments colonized both Wales and Ireland in this classical sense, intending the English farmers to defend English rule against the hostile Welsh or Irish.

Answer 2

‘Colonialism’ is the policy and practice of a strong power extending its control territorially over a weaker nation or people.
This sort of colonization was commonplace in the classical Mediterranean and in medieval Europe. Medieval and early modern English governments colonized both Wales and Ireland in this classical sense, intending the English farmers to defend English rule against the hostile Welsh or Irish.

Question 3

Ideologies:
In social science, political theory, and philosophy, “______” is variously understood as a power inherent and exclusive to states; as a theory of internal political authority and external independence; and as a more general discourse of claims states make about themselves and their relations to other states.

Answer 3

In social science, political theory, and philosophy, “sovereignty” is variously understood as a power inherent and exclusive to states; as a theory of internal political authority and external independence; and as a more general discourse of claims states make about themselves and their relations to other states.

Question 4

Ideologies:
‘__________’ refers to the formal transfer of legal authority and decision‐making power from member states to an institution or international body. In this context, it can be distinguished between ‘pooled sovereignty’ when governments agree to make future decisions by voting procedures other than unanimity; and ‘delegated sovereignty’ when supranational actors are given the authority to take certain sorts of decisions without either a vote amongst affected governments or the capacity of states to veto the decision. Although often used loosely to describe any set of institutions ‘above the state’, the term refers more properly to a particular characteristic of international institutions and international legal authority.

Answer 4

‘Supranational’ refers to the formal transfer of legal authority and decision‐making power from member states to an institution or international body. In this context, it can be distinguished between ‘pooled sovereignty’ when governments agree to make future decisions by voting procedures other than unanimity; and ‘delegated sovereignty’ when supranational actors are given the authority to take certain sorts of decisions without either a vote amongst affected governments or the capacity of states to veto the decision. Although often used loosely to describe any set of institutions ‘above the state’, the term refers more properly to a particular characteristic of international institutions and international legal authority.

Question 5

Ideologies:
‘______________’ - At the root of this is the idea that the sovereignty and independence of nations must not be diluted. This then means two things.
One, a country cannot be bound by an international agreement without its consent.
Two, any form of institutions established to manage joint international efforts should not be independent of the countries involved.

Answer 5

‘Intergovernmental’ - At the root of this is the idea that the sovereignty and independence of nations must not be diluted. This then means two things.
One, a country cannot be bound by an international agreement without its consent.
Two, any form of institutions established to manage joint international efforts should not be independent of the countries involved. The Anglo-Irish Agreement (1985) and more recently the Good Friday Agreement (1998) are examples of intergovernmental agreements between countries (Ireland & UK).

Question 6

Terminologies:
‘_____’ - Also referred to as agreements, covenants, conventions, protocols and pacts.
Treaties are legally binding international agreements

Answer 6

‘Treaty’ - Also referred to as agreements, covenants, conventions, protocols and pacts.
Treaties are legally binding international agreements

Question 7

Terminologies:
‘______’ - When a State signs an International Agreement, it indicates its intention to examine that agreement and to consider ratifying it.
This does not mean that there is a binding legal obligation on that State.

Answer 7

‘Signature’ - When a State signs an International Agreement, it indicates its intention to examine that agreement and to consider ratifying it.
This does not mean that there is a binding legal obligation on that State.

Question 8

Terminologies:

‘_________’ - When a State ratifies an International Treaty, it agrees to be legally bound by the terms of that Treaty.

Answer 8

‘Ratification’ - When a State ratifies an International Treaty, it agrees to be legally bound by the terms of that Treaty.

Question 9

Terminologies:
‘_______’ - When a State accedes to an International Treaty, it agrees to be legally bound by the terms of that Treaty.
Accession has the same legal effect as ratification, but is not preceded by an act of signature.

Answer 9

‘Accession’ - When a State accedes to an International Treaty, it agrees to be legally bound by the terms of that Treaty.
Accession has the same legal effect as ratification, but is not preceded by an act of signature.

Question 10

What is International Law?
________: That branch of public law which regulates the relations of states and of other entities which have been granted international personality. [Schwarzenberger]
_____: That law that deals with the conduct of States and international organizations, their relations with each other and, in certain circumstances, their relation with persons, natural or juridical. [American Third Restatement]

Answer 10

Traditional: That branch of public law which regulates the relations of states and of other entities which have been granted international personality. [Schwarzenberger]
Modern: That law that deals with the conduct of States and international organizations, their relations with each other and, in certain circumstances, their relation with persons, natural or juridical. [American Third Restatement]

Question 11

Divisions of International Law:
Law of ____- that which consists of the rules of international law on the rights and obligations of states in time of peace;
Law of ___ (also referred to as IHL) - that which consists of the rules of international law on the rights and obligations of states in times of war;
Law of _________- that which consists of the rules of international law on the rights and obligations of states connected with neutrality.

Answer 11

Divisions of International Law:
Law of Peace - that which consists of the rules of international law on the rights and obligations of states in time of peace;
Law of War (also referred to as IHL) - that which consists of the rules of international law on the rights and obligations of states in times of war;
Law of Neutrality - that which consists of the rules of international law on the rights and obligations of states connected with neutrality.

Question 12

“International” means “pertaining to the relations between nations”
“Nation” means “a political state”
“Law” means “body of rules, flowing from enactment or custom, regarded as binding”
Therefore, textually, “International Law” is the body of rules flowing from formal “enactment” or from custom pertaining to the relations between political states and regarded as being ______ on those states.

Answer 12

“International” means “pertaining to the relations between nations”
“Nation” means “a political state”
“Law” means “body of rules, flowing from enactment or custom, regarded as binding”
Therefore, textually, “International Law” is the body of rules flowing from formal “enactment” or from custom pertaining to the relations between political states and regarded as being binding on those states.

Question 13

Ancient origins of International Law:
Mesopotamian (2100 BCE) and Egyptian (1258 BCE) eras;
Early Islamic international law from the 7th century onwards – concerned relations between Muslim states and non-Muslim states;
Greek international law - Applied to relations between city states rather than abstract ideals.
Roman international law - Jus Civile, Jus Gentium, and the natural law;
Roman conception of “world city state” ruled by natural law - Cicero: “one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God”;
Middle ages (5th to the 15th century) – St. Thomas Aquinas and the ‘law of nations’ as part of the natural law
Primary focus – trade, war, ______

Answer 13

Ancient origins of International Law:
Mesopotamian (2100 BCE) and Egyptian (1258 BCE) eras;
Early Islamic international law from the 7th century onwards – concerned relations between Muslim states and non-Muslim states;
Greek international law - Applied to relations between city states rather than abstract ideals.
Roman international law - Jus Civile, Jus Gentium, and the natural law;
Roman conception of “world city state” ruled by natural law - Cicero: “one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God”;
Middle ages (5th to the 15th century) – St. Thomas Aquinas and the ‘law of nations’ as part of the natural law
Primary focus – trade, war, diplomacy

Question 14

The Classical conception of international law is states consenting to rules governing international conduct. In the 20th Century, there was an Emerging Notion of ___-_________ (outlined in Woodrow Wilson’s Fourteen Points) - a challenge to the “classical” conception

Answer 14

The Classical conception of international law is states consenting to rules governing international conduct. In the 20th Century, there was an Emerging Notion of Self-Determination (outlined in Woodrow Wilson’s Fourteen Points) - a challenge to the “classical” conception

Question 15

After WW2, the United Nations was built on the notion of sovereignty but with strong counter-sovereignty themes, such as human rights. Human Rights was a branch of international law that governs how a state treats ____ _____

Answer 15

After WW2, the United Nations was built on the notion of sovereignty but with strong counter-sovereignty themes, such as human rights. Human Rights was a branch of international law that governs how a state treats human beings

Question 16

Summary on the definition of International Law:
International law is the law of nations, and is therefore a system of rules regarded as binding on ____ in their mutual relations. International law is also a body of law that increasingly regulates how states act within their zone of traditional sovereign authority.

Answer 16

Summary on the definition of International Law:
International law is the law of nations, and is therefore a system of rules regarded as binding on states in their mutual relations. International law is also a body of law that increasingly regulates how states act within their zone of traditional sovereign authority.

Question 17

United Nations Charter – drafted in August ____ , signed in June ____

Answer 17

United Nations Charter – drafted in August 1941, signed in June 1945

Question 18

Key features of the UN Charter:
Collective security rather than balancing of powers (in theory);
International Court of Justice;
Prohibitions on the use of ____;
Universal Declaration of Human Rights, 1948 – a moral/ethical framework for post-war era?;
International Law Commission.

Answer 18

Key features of the UN Charter:
Collective security rather than balancing of powers (in theory);
International Court of Justice;
Prohibitions on the use of force;
Universal Declaration of Human Rights, 1948 – a moral/ethical framework for post-war era?;
International Law Commission.

Question 19

Post WW2 Reconstruction, including supporting economic programs - Bretton Woods Institutions:
International Monetary Fund (____)
World Bank (____)
World Trade Organization (____)

Answer 19

Post WW2 Reconstruction, including supporting economic programs - Bretton Woods Institutions:
International Monetary Fund (1945)
World Bank (1945)
World Trade Organization (1990)

Question 20

International criminal law:
Nuremburg and Far East Military Trials;
Genocide Convention (____);
Permanent international criminal court? Ditched in the 1950s, but revived in the 1990s!
International Criminal Court – established by the Rome Statute of 1998.

Answer 20

International criminal law:
Nuremburg and Far East Military Trials;
Genocide Convention (1948);
Permanent international criminal court? Ditched in the 1950s, but revived in the 1990s!
International Criminal Court – established by the Rome Statute of 1998.

Question 21

‘TWAIL’ a scholarly movement gaining traction from the 1990s onward – but played on a sentiment longer in existence
B.S. ____: “TWAIL…represents in general an attempt to understand the history, structure, and process of international law from the ______ of third world states.”
Makau ____: ”TWAIL is a response to ________ at the end of direct European colonial rules over non-Europeans.”

Answer 21

‘TWAIL’ a scholarly movement gaining traction from the 1990s onward – but played on a sentiment longer in existence
B.S. Chimni: “TWAIL…represents in general an attempt to understand the history, structure, and process of international law from the perspective of third world states.”
Makau Mutua: ”TWAIL is a response to decolonization at the end of direct European colonial rules over non-Europeans.”

Question 22

Makau Mutua, ‘What is TWAIL?’ (2000):
“The regime of international law is illegitimate. It is a predatory system that legitimizes, reproduces and sustains the plunder and subordination of the Third World by the West. Neither universality nor its promise of global order and stability make international law a just, equitable, and legitimate code of global governance for the Third World. The construction and universalization of international law were essential to the imperial expansion that subordinated non-European peoples and societies to European conquest and domination. Historically, the Third World has generally viewed international law as a ____ and discourse of domination and subordination, not resistance and liberation.”

Answer 22

Makau Mutua, ‘What is TWAIL?’ (2000):
“The regime of international law is illegitimate. It is a predatory system that legitimizes, reproduces and sustains the plunder and subordination of the Third World by the West. Neither universality nor its promise of global order and stability make international law a just, equitable, and legitimate code of global governance for the Third World. The construction and universalization of international law were essential to the imperial expansion that subordinated non-European peoples and societies to European conquest and domination. Historically, the Third World has generally viewed international law as a regime and discourse of domination and subordination, not resistance and liberation.”
The dominant forces in society maintain their position by having their worldview accepted as natural by those they dominate – is this the influence of Foucault and Marx on Mutua?

Question 23

B.S. Chimni, ‘Third World Approaches to International Law: A Manifesto’ (2006):
“International law is playing a crucial role in helping to legitimize and sustain the unequal structures and processes that manifest themselves in the growing north-south divide. Indeed, international law is the principal language in which _______ is coming to be expressed in an era of globalization”

Answer 23

B.S. Chimni, ‘Third World Approaches to International Law: A Manifesto’ (2006):
“International law is playing a crucial role in helping to legitimize and sustain the unequal structures and processes that manifest themselves in the growing north-south divide. Indeed, international law is the principal language in which domination is coming to be expressed in an era of globalization”
The dominant forces in society maintain their position by having their worldview accepted as natural by those they dominate – is this the influence of Foucault and Marx on Chimni?

Question 24

According to Makau Mutua, TWAIL is driven by three objectives:

(1) ”________, deconstruct, and unpack the uses of international law as a medium for the creation and perpetuation of a racialised hierarchy of international norms and institutions that subordinate non-Europeans to Europeans”
(2) To thus ”_____ and _____ an alternative legal edifice for international governance”
(3) And thereby to “_______ the conditions of underdevelopment in the third world” through scholarship, policy, and politics

Answer 24

According to Makau Mutua, TWAIL is driven by three objectives:

(1) ”Understand, deconstruct, and unpack the uses of international law as a medium for the creation and perpetuation of a racialised hierarchy of international norms and institutions that subordinate non-Europeans to Europeans”
(2) To thus ”construct and present an alternative legal edifice for international governance”
(3) And thereby to “eradicate the conditions of underdevelopment in the third world” through scholarship, policy, and politics

Question 25

What is the ”third world”?
Makau Mutua, ‘What is TWAIL?’ (2000): “The Third World is a political _____. It describes a set of ________, oppositional, and political realities that distinguish it from the West. It is a historical phenomenon that has a dialectic relationship with Europe in particular and the West in general. The third world is more truly a stream of similar historical experiences across virtually all non-European societies that has given rise to a particular voice, a form of intellectual and political consciousness”

Answer 25

What is the ”third world”?
Makau Mutua, ‘What is TWAIL?’ (2000): “The Third World is a political reality. It describes a set of geographic, oppositional, and political realities that distinguish it from the West. It is a historical phenomenon that has a dialectic relationship with Europe in particular and the West in general. The third world is more truly a stream of similar historical experiences across virtually all non-European societies that has given rise to a particular voice, a form of intellectual and political consciousness”

Question 26

TWAIL sentiment rooted in historical experience and awareness – the use this to critique the origins and _______ of international – this then used to express a normative vision for international law

Answer 26

TWAIL sentiment rooted in historical experience and awareness – the use this to critique the origins and legitimacy of international – this then used to express a normative vision for international law

Question 27

B.S. Chimni: “The road to the future, it is said, winds its way through the past. It explains why the history of international law has been the subject of uninterrupted examination by third world scholars in the post-colonial period. There is a clear realisation that, in order to transform the present and future of international law, the past must be ________ in all its ________.”

Answer 27

B.S. Chimni: “The road to the future, it is said, winds its way through the past. It explains why the history of international law has been the subject of uninterrupted examination by third world scholars in the post-colonial period. There is a clear realisation that, in order to transform the present and future of international law, the past must be understood in all its complexity.”

Question 28

The Treaty of Berlin, ____: Used the language of international law to formalize the presence of the various colonial empires in Africa

Answer 28

The Treaty of Berlin, 1885: Used the language of international law to formalize the presence of the various colonial empires in Africa

Question 29

G-77 – Similar to the non-aligned movement; A coalition within the UN consisting of _______ states – advocate for their interests to counter-balance the influence of the Global North (e.g. the G-7)

Answer 29

G-77 – Similar to the non-aligned movement; A coalition within the UN consisting of developing states – advocate for their interests to counter-balance the influence of the Global North (e.g. the G-7)