Lecture 1: International law and the study of politic Flashcards
What is International law?
basic definition: body of rules that states consider binding in their mutual relations
what is law?
A set of rules
A professional practice (cf Sir Ian Brownlie’s bank account)
An independent social phenomenon
An epiphenomenal reflection of power
Why do some question whether international law (IL) is “really” law?
IL differs from domestic law in key ways: it’s based largely on voluntary state consent, has weak or no enforcement mechanisms (no international police), and its rules are often few, vague, and open to interpretation. These features lead some traditional lawyers to reject IL as “real” law.
What is the difference between hard law and soft law in international relations, and what question does this distinction raise?
Hard law refers to binding legal instruments like treaties, while soft law includes non-binding, normatively worded instruments (e.g., UNGA resolutions, declarations). This raises the question of whether expanding the definition of law weakens its authority and turns it into politics by other means.
What role did IL play in early IR thinking after WWI?
IL was seen as a tool to outlaw war and promote peace, exemplified by the Kellogg-Briand Pact of 1928.
What is a key takeaway about IL and IR today?
They remain distinct fields, but there’s growing overlap in focus and methods since the Cold War.
How did IL and IR scholars differ in the post-war period?
IL scholars focused on law as separate from politics, while IR scholars avoided legal language, preferring terms like “norms” and “institutions.”
