Midterm 1 Flashcards
Obligation
- IOs (IGOs) are founded by treaties among states
- The treaties specify obligations and rules
– Also goals and powers of the
IO - So governments voluntarily accept these obligations
– Explicit rules in treaty
– Indirect obligations that arise
over time
Compliance
- Why, when, how well do states
live up to these obligations? - States are often tempted to
act in ways that go against IO
rules
– Cheat on trade deals
– US invasion of Iraq in 2003
after being turned down at
UNSC - Compliance records are mixed
Enforcement
- Most IOs have very limited
enforcement powers against
states who are not in
compliance - Some important exceptions:
– IMF can withhold further
loans
– UNSC can authorize
sanctions and military action
– WTO can authorize trade
sanctions - Even then, the threat of enforcement is indirect and uncertain
What is International Law?
Making international law:
– Rules that constrain behavior
– Body of rules that are linked by a
common logical structure
– Based on sovereignty
– Primary and secondary rules
Customary international law
- Develops through practice
- Additional codification in recent
decades
Hard vs Soft International Law
Hard law:
– Obligatory, precise, and high delegation
– Binding, mandatory, and enforceable
Soft law:
– Exhortatory, ambiguous, low delegation
– Better suited to uncertain
circumstances or issues central to
sovereignty
Soft law frequently becomes hard law over time.
Characteristics on international law: Obligation
- Obligation:
– Degree to which agents are legally bound
– High obligation = compliance is
unconditional
– Low obligation = compliance is
aspirational
Characteristics on international law: Precision
- Precision:
– Specificity of obligations
– Reduces scope of reasonable
interpretation
Characteristics on international law: Delegation
- Delegation:
– Third-party interpretation and
application
– Courts make new laws when
precision is low and delegation
is high
Does International Law Matter?
Proponents:
* Overall compliance rates are
high
* Most states comply most of
the time
* Compliance failure may be
driven by imprecision
or lack of state capacity
Skeptics:
* Imprecise law can’t address
most conflicts
* Laws follow practice
The European Court of
Justice
- Located in Luxembourg
- Adjudicates disputes covered
by the Treaty of Rome
– Lots of issues! - Hears cases on whether
member states and EU
institutions are acting
properly within EU law - 28 judges and 9 Advocates
General
– Appointed for 6-year
renewable term
– Supposed to be independent
of national
background - Cooperates with member-
state national courts
– Preliminary rulings - Considers actions for member-
state failure to fulfill
obligations
– Cases can be brought by the
Commission or a member
state
– ECJ can fine a state if it doesn’t
comply
The International Criminal
Court
- Headquartered in The Hague,
Netherlands - 110 countries are members
- Mandate: “to put an end to
impunity for the perpetrators
of ”war crimes, genocide, and
crimes against humanity”
– And so to contribute to
prevention of those
crimes - Criminal court of 18 judges
– Plus prosecutor’s office and
some staff - Has jurisdiction if the crime
occurred on the territory of a
state party
– Or committed by a citizen of
a state party - And if domestic courts have
failed
– To respect state sovereignty - Enforcement: can impose
prison sentences on those
found guilty - No police or military
capability - Relies on national
governments to capture
and deliver suspects
IOs allow for Centralization
- CENTRALIZATION
– An organizational structure &
administrative apparatus
managing collective activities - May allow for immediate
action (UN Security Council) - Or for specialization (OECD
has >200 working groups) - Governance may have flexible
design (IMF voting structure)
or be rigid (UN Security
Council)
IOs allow for Independance
- INDEPENDENCE
– The ability/authority to act
with a degree of autonomy
within defined spheres
Rational Choice Perspective/Contractualism
- Self-Interest:
– LEADERS create/use IOs
when benefits of
cooperation outweigh costs
(including perhaps
sovereignty costs) - IOs
– produce collective goods in
Prisoners’ Dilemma settings
– solve coordination problems
Constructivist theory
- Anarchy is what you make of
it! - Where do ideas and
preferences come from? - Focus on norms, beliefs,
knowledge, and (shared)
understandings
International ideas -> IOs
IOs -> International ideas - Vital for the understanding of
major concepts such as
legitimacy and norms
What do IOs do for their members?
- Pooling resources
– (IMF/World Bank, World
Health Organization) - share
costs, economies of scale - Direct joint action
– military (NATO), financial
(IMF), dispute resolution
(WTO) - LAUNDERING?
- Allow states to take (collective)
action without taking direct
responsibility (or take
responsibility with IO
support)
Examples:
– The IMF does the dirty work
– US president wants to reward
allies, punish adversaries
– Sometimes difficult to get
action through Congress
– Lenient terms for allies,
enforcement against
adversaries
Fixed Exchange Rates vs Floating Exchange Rates
fix to gold or float in relation to the value of other currencies.
Fix is more stable and consistent
Float is more profitable but less stable. Also allows countries to manipulate currency values to get certain economic outcomes
Classical Gold Standard
Countries went “on gold” by promising to exchange their currency for gold at a fixed rate. Spread nearly worldwide.
Crises did occur: e.g. bank failure in London put pressure on British pound.
Bretton Woods
U.S. dollar fixed at $35/ ounce of gold. Other currencies pegged to dollar. Stability, but not as rigid as the gold standard. Central bank cooperation again important.
The IMF oversaw currency relations:
– Provided short-term
assistance
– Provided information
– Set standards of behavior.
Nixon broke the link to gold
in 1973 after large deficits and the tie to gold failing.
Managed Float System
Since 1973, have been on floating rate system among major currencies. Cooperation among major currencies still necessary: G8 summits. Sometimes see large currency movements. Smaller countries often link to a major currency to provide stability.
National paper standard
National paper currency
standard:
– National currencies backed
only by government
commitments to maintain
their value.
– A few major (“key”) currencies
are used as the basis for
international exchange.
– This has been the system
since 1973, with the $ and €
as key currencies.