Lecture 4: the history of international law II Flashcards
How did international law support European imperialism in the long 19th century?
It enabled the legal expansion of empires by recognizing non-Western sovereignty for treaty-making, facilitating territorial acquisition, and mediating colonial rivalries—e.g., during the Scramble for Africa and the creation of the Congo Free State.
What characterized the international system in the 19th century regarding sovereignty?
It saw the rise of the European-style sovereign state but included many semi- and non-sovereign entities governed through legal and political exceptions.
Why is the ‘Westphalian system’ a misleading label for the 19th-century international order?
Because full sovereignty was rare outside Europe; many political entities were structured to allow imperial control while denying full external sovereignty.
What characterized protectorates like the Trucial States?
They had internal sovereignty but lacked external sovereignty, relying on an imperial power for foreign affairs and treaties.
What was unique about the Congo Free State?
It was a private company with state-like powers, owned by King Leopold II. Sovereignty was claimed via treaties with local rulers who didn’t fully understand them, leading to severe abuses and eventual annexation by Belgium.
What were condominiums in imperial legal structures (e.g., New Hebrides)?
Territories jointly governed by two colonial powers to prevent conflict over sovereignty claims.
What does the suzerain/vassal model (e.g., UK/South African Republic) imply?
A weaker entity retained internal governance but recognized the protection and authority of a dominant foreign power.
What were dominions like Canada and Australia?
Quasi-independent British colonies with internal self-government but no control over foreign policy; largely populated by European settlers.
Could a state be legally sovereign but still excluded from the international community in the 19th century?
Yes — sovereignty alone wasn’t enough; states needed Western recognition to be accepted as “civilized” and part of the international system.
What was the ‘Standard of Civilization’ in 19th-century international law?
A set of mostly Western criteria that non-Western states had to meet to be admitted to the ‘Family of Nations’. (A kinship-based, Eurocentric club of states that accepted only those meeting the ‘standard of civilization’, mainly from Western powers.)
What role did leased territories and concessions play in imperialism?
They were territories bought, sold, or leased under legal agreements, allowing foreign control without full sovereignty transfer.
What is Gong’s view on the Standard of Civilization?
He argued it was an objective set of standards — if a state met them, it could join the Family of Nations.
What is Anghie’s critique of the Standard of Civilization?
He believed it was vague and exclusionary, created to keep non-Western states out, no matter what they did.
How did non-Western sovereign states like Japan, China, or Abyssinia fit into the 19th-century system?
They had legal sovereignty but were often treated as outsiders — not truly “civilized” in the eyes of European powers.
What legal and intellectual shift accompanied the rise of international institutions in the 19th century?
The shift from natural law to positivism, supported by growing state practice.
What were the first international legal actors other than states to have legal personality?
Intergovernmental organizations (IGOs).
What was a key feature of positivism that supported the rise of institutions?
It relied on observable state practice, making international law more grounded and systematic.
What is significant about IGOs having legal personality?
They could act independently of states, and like humans, be sued.
What was the first IGO and when was it established?
The Central Commission for Navigation on the Rhine in 1815.
- It provided a legal structure for managing navigation and cooperation between European states on the river
What new features did these 19th-century IGOs introduce?
Permanent secretariats, bureaucracies, civil service, and headquarters.
Name two major IGOs founded in the 19th century related to communication.
The International Telegraph Union (1865) and the Universal Postal Union (1874).
- To manage technological advances and ensure efficient international communication.
What was the first international NGO and when was it founded?
The International Committee of the Red Cross in 1863
- legal status: It is a private Swiss organization protected by Swiss law, not an IGO.
How did advancements in weaponry impact the rise of international institutions?
The increased destructiveness of weapons created a push for more international cooperation through IGOs.
What were some key 19th-century codification milestones in international law?
Congress of Vienna (1815): codified diplomacy and privileges of diplomats
Geneva Convention (1864): protected wounded combatants and civilians
Hague Conventions (1899 & 1907): established the Permanent Court of Arbitration and laws of war
Why did utilitarians like Jeremy Bentham advocate for the codification of international law?
They believed codification would make international law more binding and organized, promoting the happiness of humankind.
What was the primary goal of the League of Nations after WWI?
To maintain world peace, prevent war, and manage international disputes through collective security and peaceful settlement.
What were the “mandates” under the League of Nations?
Former German colonies were placed under League of Nations mandates, administered by Western powers to “civilize” them, with varying levels of control.
What were the three classes of mandates assigned by the League of Nations?
-Class A (most civilized: Iraq, Jordan),
-Class B (Pacific)
-Class C (Africa).
What was the League of Nations’ role in disarmament after WWI?
The League aimed to encourage and enforce disarmament, though it was not fully successful in preventing the arms race.
What event marked the end of the League of Nations’ effectiveness?
The outbreak of WWII, where the League failed to prevent major conflicts like the Italian invasion of Abyssinia (1935) and the Soviet invasion of Finland (1939).
How did the League of Nations handle the Japanese invasion of Manchuria in 1931?
The League condemned Japan’s actions but failed to enforce any significant sanctions, leading to Japan’s withdrawal from the League.
What were the main categories of crimes prosecuted in the Nuremberg and Tokyo trials, and what new crime was introduced after WW2?
Crimes against humanity: Acts that violate human dignity and universal moral rules.
War crimes: Violations of the laws and customs of war.
Crime of aggression: The act of invading or using force against other nations (which was not considered illegal at the time of the 1939 invasion). Additionally, the Genocide Convention of 1948 introduced genocide as a legal concept, making it a crime under international law, though German leaders were not charged with genocide since it did not exist as a crime at the time of the trials.
How did the rise of the International Court of Justice (ICJ) relate to post-WW2 developments in international law?
After WW2, significant progress was made in prosecuting war crimes and establishing international criminal law. The Nuremberg and Tokyo trials marked the beginning of holding individuals accountable for crimes such as crimes against humanity, war crimes, and aggression. Although earlier attempts, like prosecuting the German Kaiser after WW1, failed, WW2 led to a formalized system of justice with the Nuremberg Trials setting the foundation for future international legal mechanisms like the ICJ.
What were the key international treaties post-WW2?
The Universal Declaration of Human Rights (1948) led human rights movements globally.
The Refugee Convention (1951) provided a legal framework for the rights of refugees.
The General Agreement on Tariffs and Trade (GATT) (1947) evolved into the World Trade Organization (WTO), promoting economic integration and reducing tariffs, which was believed to decrease the likelihood of war.
How did the United Nations (UN) differ from the League of Nations (LoN)?
The UN, a direct successor of the LoN, aimed to fix the flaws of the latter, especially in enforcing collective security. The UN required approval from the P5 (the five permanent Security Council members) to enforce resolutions, with each having veto power.
What are the core crimes prosecuted in international criminal law today?
The Nuremberg and Tokyo trials after WWII set the precedent for prosecuting crimes against humanity, war crimes, and the crime of aggression. The Genocide Convention (1948) later introduced genocide as a core international crime.
What are the key UN components for international law and their functions?
General Assembly: Has the power to pass non-binding resolutions, known as “soft law.”
Security Council: Acts as the enforcement organ in cases of major breaches of international law and approves military action.
International Court of Justice (ICJ): Handles the peaceful settlement of international disputes.
International Law Commission: Responsible for the progressive codification of international law.
What role did the UN play in decolonization and the development of self-determination?
Decolonization and Self-Determination: Post-WW2 decolonization occurred before international norms against colonialism emerged.
UN Resolution 1514 (1960): Declared the independence of colonial countries and peoples, a form of soft law.
Platform for Third World: The UN became a forum for the Global South to delegitimize colonialism and promote sovereign states as the only legitimate form of self-determination.
Uti Possidetis Juris: This principle guided post-colonial states to retain colonial boundaries upon independence to avoid conflicts, though it still led to numerous wars within newly independent states.
What were the key post-Cold War challenges to international law?
End of the Cold War: Created opportunities for a new international legal system, but tensions arose quickly after the First Gulf War (1990-1991), where the UN authorized intervention in Iraq.
Sovereignty vs. Human Rights: Sovereignty, seen by non-Western countries as essential to their protection, clashed with Western interests in promoting human rights and democracy. Western nations increasingly viewed sovereignty as an obstacle to intervention, while non-Western countries saw it as a fundamental principle.
Key Institutions’ Challenges: International institutions, like the UN, were perceived as outdated, with a failure to include non-Western countries in decision-making processes, especially in the Security Council (P5 membership).
