Unit 3 AOS 1 Flashcards
Nation
Refers to groups of people claiming common bonds based on culture, language and history. Some nations have their own state, such as the Japanese, while others want their own state such as the Tibetans and Kurds.
State
Traditionally this term refers to the central actor in global politics. States possess a permanent population, defined territory and recognised sovereignty. States are not necessarily culturally homogenous, for example Australia.
Sovereignty
Legitimate or widely recognised ability to exercise effective control of a territory within recognised borders. This is the primary organising principle of global politics, providing states with the authority to represent their territorial entity within the international community. State sovereignty can be challenged internally (for example, secessionist groups) or externally (for example, one state invades another).
Power
Refers to the ability of one global actor to influence the actions of another global actor. Power can be exercised in a range of types and forms.
Global Governance
Refers to institutions, rules, norms and legal arrangements that seek to facilitate cooperation, and manage relations, between states. Governance is carried out by both governmental organisations such as the United Nations and non-governmental organisations such as the International Criminal Court.
Multilateralism
Refers to a system of coordinating relations between three or more states, usually in pursuit of objectives in particular areas.
Globalisation
Refers to acceleration and intensification of exchanges of goods, services, labour and capital, which promote global interdependence. These have been facilitated by rapid changes in communication and technology.
Aims of ‘the’ State
Maintain Sovereignty
Ensure national security
Other National Interests, incl. Economic Prosperity, Regional Relationships, International Standing
Roles of the State IN Global Politics
Maintain an army
Maintain diplomatic relations
Negotiate treaties/Free Trade Arrangements
Represent the interest of the state in IGOs (UN, IMF, ICC)
Represent the interest of the state in other diplomatic forums (EU, NATO, G7, G20, ASEAN)
Security
Traditionally this term refers to the protection of a state’s borders from intruders and the maintenance of sovereignty, most commonly achieved through the use of military power. It has now evolved to include softer forms of security, such as access to resources and the protection of the environment.
What types of power do states have?
Military
Economic
Political
Cultural
Diplomatic
Hard Power
Refers to power exercised through coercion, or threatened acts of coercion, to influence the actions of other global actors. Most commonly exercised through military forms but can also include economic forms
Soft Power
Refers to the ability to shape the actions of other global actors through attraction and un-coercive means, for example diplomacy, culture, policies and history. A term first coined by Joseph Nye.
What are contested borders + how do they challenge sovereignty?
Situations where part, or all, of a state’s territory is claimed by another state or group of people = When there is not widely recognised borders that the state has effective control over
b/c:
- reduced ability to make decisions
- can’t control resources
Example of details as contested borders
Senkaku Islands
China v Japan - 8 islands = uninhabited
Possible oil reserves t/f cannot exploit
China attempt to claim through military - e.g. Coast Guard incursions, sailing submarines
US reassert Japanese control = challenge to China legitimacy of claim
Regional Groupings
Supernational organisations established based on geographical location
Impact of EU on Sovereignty - overview
Effective control:
- ECJ is highest court of appeal t/f can overrule national judiciaries
- EU law prevails over national law where there is a clash
- loss of effective control over agriculture, trade and fishery policies b/c common policies
- IF in eurozone loss of control over monetary policy (but didn’t have to join- 19 states))
- IF in Schengen area (22 states) loss of control over borders
BUT
- states remain ‘masters of treaties’ t/f EU can only have control over areas that the states empower them to have control over
- states retain control over health, education, welfare, foreign affairs and defence
- states can leave at any time (Article 50)
ULTIMATELY - states join b/c judgement is that benefits outweigh costs
EU impact on Hungary’s sovereignty
Legitimacy
- EU parliament votes that Hungary persistently breach EU core values in Sept 2018 + July 2021
Effective control
- ECJ ruled twice that Hungary approach to refugees breaches EU law (April 2020 re: not relocating + Nov 2021 rules law that made it criminal offence to help refugees violates EU law t/f law = invalid)
- 2021 - EU holds back funding (impacts ability to exercise effective control) over LGBTQ+ legislation and corruption t/f Hungary has to choose to address concerns (forced to) OR forgo money
HOWEVER
- EU can only suspend Hungary’s membership rights if all states agree (Article 7) not going to occur due to backing of Poland t/f NOT clear what will happen if Hungary do not abide by ECJ rulings
Aims of ICC
- Ensure the worst perpetrators are held accountable for their crimes
- Serve as a court of last resort that can investigate, prosecute and punish the perpetrators of genocide, crimes against humanity and war crimes
- Assist national judiciaries in investigating and prosecuting the worst perpetrators, allowing states to be the first to investigate and prosecute
- Help promote international peace and security by deterring future would-be perpetrators
Roles of ICC
- Investigate alleged crimes
- Assist state judiciaries to investigate and prosecute
- Prosecute cases themselves
- Hold trials and issue decisions
- Sentence those convicted
- Hear and decide on appeals
Impact of membership on power of ICC
3 out of 5 Perm Members of UNSC - not members = reduces legitimacy
Not many members in Asia - if states are not members ICC only has jurisdiction if UNSC refers
Jurisdiction of the ICC
Limited to crimes of genocide, war crimes and crimes against humanity.
Can only exercise jurisdiction if ONE of the following is true:
- The accused is a national of a member state
- If the alleged crime took place in a member state
- If the situation has been referred by the UN Security Council
Overview of ICC achievements
- 13 investigations (but Africa centric)
- 50 people indicted
- 14 are fugitives yet to be tried
- 5 trials ongoing, and 1 in pre-trial
- 11 convictions (however, one was acquitted on appeal)”
Key ICC case studies
- Uganda - Dominic Ongwen = ex-child soldier convicted of 61 crimes in 2021= 25 years in prison - captured by US forces (who had prev. offered a reward for his arrest - criticism because he was a previous victim
- DRC - 3 convictions (Dylio, Katanga and Ntanganda) - investigation began in 2004 at request of DRC - first conviction Dylio = 2012 Katanga = 2014 and Ntanganda = 2019 - 7 years b/w Ntaganda warrant and him handing himself in - committed further crimes during this time + living in plain sight
- Darfur, Sudan - warrant for arrest of Omar al-Bashir - not arrested despite travelling to other ICC member states incl. South Africa in 2015 where he escaped helped by SA govt (court attempted to arrest)
- Kenya - Kenyatta - ICC begun investigation themselves - Kenyatta elected president after being indicted - charges had to be withdrawn due to intimidation of witnesses
- Afghanistan - 2020 investigation commenced - US responded by imposing sanctions on ICC officials. President of Afghanistan asked for investigation to be paused b/c investigating themselves (acting as court of last resort). Post-Taliban takeover investigation recommenced but focused only on abuses by Taliban
- Palestine - ICC member despite not being a state. March 2021 ICC launch investigation - Israel indicates they will not cooperate