Lecture 1: International Law and the Study of Politics Flashcards

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1
Q

Definition: International law

A

IL is the body of rules that states consider binding in their mutual relations

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2
Q

4 things that law can be understood as

A
  1. A set of rules
  2. A professional practice
  3. An independent social phenomenon
  4. A reflection of power
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3
Q

Traditionally, IL is said to have these 3 features

A
  1. Voluntary adhesion, except for preemptive rules
  2. Weak or no enforcement mechanisms (but changing with international courts)
  3. Few and vague rules with focus on broad obligations
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4
Q

Preemptive rules

A

Rules that states have to follow, whether they want to or not, e.g. pirating, genocide

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5
Q

2 understandings of IL and whether that makes it law

A
  1. Sovereign command backed by the threat of sanctions - IL probably not law
  2. About a rule identifying which rules are law - IL is maybe law
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6
Q

Hart’s rule of recognition

A

IL is meta-rules telling you what is a rule and what is not a rule

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7
Q

Does IL have strong or vague rule of recognition?

A

Vague -> IL is a weak form of law

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8
Q

Definition: hard law

A

Law in the form of legally binding treaties

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9
Q

Definition: soft law

A

A variety of non-binding normatively worded instruments used in contemporary international relations by states and international organizations

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10
Q

What is the risk of expanding the definition of law to include soft law?

A

It dilutes the nature and authority of law, and law becomes everything that states do and say -> law loses meaning

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11
Q

When did IL historically have a strong legalist bent?

A

Between WW1 and WW2, with the outlawing of war in the Kellogg-Briand Pact of 1928

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12
Q

Why does Morgenthau call IL “primitive law”?

A

It lacks enforcement mechanisms, and the existing mechanisms are derived from power relations between states

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13
Q

What is Henkin’s defense of IL in contrast to Morgenthau?

A

Almost all nations observe almost all principles of IL and almost all of their obligations almost all of the time - in contrast to domestic laws that are not always followed

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14
Q

In the post-war era, international lawyers focused on these 2 things

A
  1. Emphasizing IL’s separation from politics
  2. Focused on studying specific legal rules and decision-making processes (=doctrinal scholarship)
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15
Q

Meanwhile, in the post-war era, IR scholars focused on:

A
  1. Ignoring IL, even when it overlapped with their topic of interest
  2. Spoke of “regimes”, “norms”, “institutions” etc. instead of using “law”
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16
Q

Has the gap between international lawyers and IR scholars become smaller?

A

It has become smaller after the Cold War, but gap still remains

17
Q

Paradoxically, when IL’s prestige among IR scholars was at its lowest, what was happening at the same time?

A

IL underwent an explosive growth, establishment of key international institutions/treaties/regimes (UN, WTO, EU)