Sources and Effects of IL

Question 1

Define the Westphalian Treaty and its effect on the world.

Answer 1

It was a system of IL which established the geo-political idea/treaty of a state. Its effect is that it defined the existence of states and set a world order which lasted until WWII.

Question 2

What is Rules Based Order?

Answer 2

Also known as Liberal Order, this was established after the Hegemonic war which was WWII. With the allies being the winning side, Liberalism became the dominant global ideology. This includes the idea that there is individual liberty over power of the government (or democratic rule) and there is an emphasis on value of the individual with a maximum amount of free markets.
Controversies?
Yes. People rejected globalization as a way to protect their culture, religion, etc. This was a result of the haves and the have-nots having negative experiences with liberalist states (e.g., Venezuela, Vietnam, China, etc.)

Question 3

Does the UN have legal personality?

Answer 3

Ch-yeah.

Question 4

An objectivist view of CIL?

Answer 4

CIL is universal and, everyone is bound to it.

Question 5

A voluntarist’s view?

Answer 5

Only binding on states that have participated in or consented to certain CIL because states are sovereign.

Question 6

How does an actor affect IL?

Answer 6

They make or help make law, implement or help implement law, monitor or help monitor law, they interpret of help interpret law, and they enforce or help enforce law.

Question 7

Who is the most important actor in IL?

Answer 7

State!!!!!!!!!!!!!!!!!!!!!!!!!!!

Question 8

What does it mean to say a state is sovereign?

Answer 8

They have final say within their jurisdiction and determine their own relations in world politics

Question 9

What types of territory are there and how does it change?

Answer 9

Territory changes depending on the politics of the state or region. These territories can include land, airspace, ocean, orbital, and international rivers.

Question 10

What’s a government?

Answer 10

Institutions and the individuals who represent the state.

Question 11

How does a state enter into relations with another?

Answer 11

They have independence and that independence is recognized by other states.

Question 12

What is constitutive theory of formal statehood?

Answer 12

The idea that if you are recognized as a state, you are.

Question 13

What is declaratory theory of formal statehood?

Answer 13

You are a state, regardless of whether you are recognized.

Question 14

What is the evolution of the state system?

Answer 14

Started with the Treaty of Westphalia, then evolved when European states colonized most of the world, and statehood modernized to our current understanding after WWI with the idea of Self Determination.

Question 15

What are the rights of states?

Answer 15

Sovereignty, sovereign equality, right to defense, and right to international intercourse.
Define jurisdiction
The legal authority of states.

Question 16

Types of jurisdiction?

Answer 16

Legislative, executive and judicial.

Question 17

List the principles of jurisdiction

Answer 17

Territorial (states exercise jurisdiction over all persons and entities in its’ territories), active personality (states have jurisdiction and may prosecute its nationals for crimes committed anywhere in the world), passive personality (right to prosecute and punish foreigners that harm nationals out of the territory), protective (may punish citizens or foreigners who commit acts that threaten security or economic interest), universality (have jurisdiction over certain kinds of crimes such as genocide and slavery which can be committed anywhere), and extra-territoriality (extends laws oversees for finance, anti-trust, privacy, etc.)

Question 18

What are the different nonstate actors and what are their roles?

Answer 18

NGO’s, MNCs, and IGOs.
NGOs monitor and implement treaties.
MNC affect implementation of and indirectly enforce law.
IGOs have rights and obligations under international law. In addition, they also the capacity to enter into treaties with other states/actors (aka they have legal personality).

Question 19

Who sets precedent in IL? How does this connect to the arrest warrant?

Answer 19

States set the precedent. This is why even though the ICJ issued one way on the case against Yerodia, this won’t set a precedent for all international arrest warrants in the future.

Question 20

What are IGOs and their roles?

Answer 20

Compromised of states and are created to address specific problems.

Question 21

Explain the long cycle theory?

Answer 21

If you look at the history of the world, you see years of world leadership. His argument is there are 100-year cycles which include phases. The phases included 1. Global war (a decline of order gives rise to chaos without direction of values. In that, certain powers fight to see which values will prevail). 2. Dominant state rises (one power wins - in this period, the dominant power goes on to create international organizations that reflect the order they want to see). 3. After time, other states question the order which leads to delegitimization (order erodes, world leader is challenged) 4. Deconcentration (world leader uses force to retain power, but the force further erodes their power and sets up the stage for another war - not that war is necessarily going to happen since the challenging state has to have the capabilities to challenge the hegemon. In addition, the challenger has to have the will. Lastly, the challenger needs to have an alternative plan that other states can coalesce around.

Question 22

How does War and Order play a part in Long Cycle?

Answer 22

People try to carve out order from war which is where new laws can come in. But if the political atmosphere grows weary of the newly established order and law, the long cycle theory continues.

Question 23

What is the Security council’s role?

Answer 23

Maintains international peace and security.

Question 24

How does it affect by different chaps?

Answer 24

Powers given under Chap 6 (peaceful settlement of disputes). But Chap 7 says that SC can use military threats if needed or counter with military threats. Chap 8 says that regional arrangements are valid, but 8 is subordinate to 7 and all are subordinate to the UN Charter.

Question 25

What is collective security? Is it used regularly/how is it implemented?

Answer 25

The idea that attack on one state is an attack on all states leading to all states banning together in order to stop aggressor.

Question 26

How did the UN change how conflict was handled?

Answer 26

During cold war and after with decolonization, it wasn’t about who annexed a state, but who controlled the government. Not about borders but politics. Result of UN was the shift of conflict away from textbook land grab. So, the UN handles conflict with mediation and arbitration. But when that doesn’t work, they’ll try peace enforcement. With vetoes being deadlocked in the security council resulting in little peace enforcement, all they can do is authorize use if military force (since they don’t have their own military).

Question 27

How does peacekeeping work?

Answer 27

Has to be a peace to keep, there has to consent of parties involved, and there needs to be lightly armed troops of consented parties’ countries.

Question 28

Mediation?

Answer 28

Parties decide on a mediator who uses the law. Pros, it’s cheaper and more confidential. Con, the overall issue may not be concluded.

Question 29

Arbitration?

Answer 29

Parties have influence over arbiter and designate procedures. But, the arbiters don’t have the same authority as judges and this process can be lengthy and costly. The pro is it’s more conclusive.

Question 30

What is General Assembly?

Answer 30

A quasi-legislative body that approves budget, supervises the Secretariat, sets the agenda, and sees through the development of international law. It allots 1 vote per state.

Question 31

ECOSOC?

Answer 31

Promote cooperation among states.