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HSC legal studies > World order - the nature of world order > Flashcards

World order - the nature of world order Flashcards

1
Q

define world order

A

World order refers to the creation of global relationships AND the maintenance of world peace.

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2
Q

why is world order needed

A
  • globalisation –> growing interdependence
    -growth in international law –> Without world order, and the bodies and laws that govern relationships between nations and other global participants, there would be international anarchy. This could lead to world conflict and global destruction. If there were no relations between countries, then each nation-state would stand alone, meaning global issues (such as conflicts and global warming) could not be adequately addressed
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3
Q

define the nature of conflict

A

refers to the different types of international conflict

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4
Q

access to resources as a source of conflict

A
  • The economic inequality between states is one of the major issues facing the current world order, particularly as traditional state boundaries are broken down by globalisation in areas of trade and investment
  • The fact that poorer states are not accessing resources and creating wealth to the same extent as wealthy, developed nations results in widespread and disproportionate intra-state and inter-state conflict, as well as flow-on global effects, such as illegal immigration, people trafficking, organised crime and human rights infractions.
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5
Q

distinguish between interstate and intrastate conflict

A

Intra-state conflict is between opposing sides in the same nation-state eg. civil war, democide, terrorism
Inter-state conflict is between two or more different nation-states eg. conventional warfare, border conflict, nuclear warfare, cold war, proxy war

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6
Q

outline the development of world order over time

A
  • treaty of westphalia
  • concert of europe
  • the hague peace conferences
  • the league of nations covenant
  • pact of paris
  • atlantic charter
  • UN charter
  • geneva conventions
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7
Q

what was the Atlantic Charter 1941

A

◗ Drawn up by Winston Churchill (UK) and Franklin Roosevelt (US).
◗ Agreed to by World War II allied nation-states.

◗ US and UK pledged to create a world of peace and stability.
◗ Stated that the allied states would seek no territories (colonies or lands) after World War II.
◗ Freedom of the seas.
◗ All nation-states can choose their form of government, have safe boundaries and have access to trade.
◗ Abandonment of use of force and establishment of league of nation-states.

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8
Q

what were hague peace conferences of 1899 and 1907

A

◗ Twenty-five European powers
◗ Adopted the Convention for the Pacific Settlement of International Disputes.
◗ States were to use their best efforts to ensure the peaceful settlement of disputes.
◗ Introduced the Permanent Court of Arbitration which made fifteen decisions between 1899 and 1914.
◗ Tried to implement a ‘cooling-off’ period before nations entered a conflict.

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9
Q

what is the Nuclear non proliferation treaty 1968

A

◗ 189 signatories (all nation- states except India, Pakistan and Israel who have never signed it; and North Korea who formally withdrew in 2003)
◗ Nation-states are prohibited from buying or building new nuclear weapons.
◗ It has commitments from five states that have nuclear weapons to work towards disarmament.

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10
Q

what is the league nations covenant 1919

A

◗ Forty-one nations, including the US, UK, China, France, Greece, Italy and Japan.
◗ Established the League of Nations.
◗ Chief aim was to achieve international peace and security.
◗ Built upon the concepts of mediation and arbitration.
◗ Required all member countries to exhaust all alternatives before resorting to war.
◗ The League of Nations fell apart and could not prevent World War II in 1939.

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11
Q

what is the icc

A
  • international criminal court
  • permanent international court
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12
Q

what is the icj

A
  • judicial organ of the UN
  • hears disputes between UN member states and settle them in accordance with international law
  • advisory opinions
  • they jurisdictions reflect ‘jus cogen’
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13
Q

how does the icc protect world order

A

can prosecute against individuals and the 4 mass atrocities

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14
Q

how does the icj protect world order

A
  • can refferee disputes between members states
  • interstate conflicts can be settled (although they rely on the will of member states)
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15
Q

what are adhoc tribunals means

A

tribunals that were created as a result of breaches of international humanitarian law during a war

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16
Q

what jurisdictions do the ICC have?

A

crimes against humanity, crimes of aggression,

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16
Q

what is state sovereignty

A

the ultimate power of a nation to make laws for and govern itself without external influence

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17
Q

advantages of state sovereignty

A
  • allows states to enter into treaties eg. the genevan convention 1994–> most ratified treaty of the world with all 196 members of the UNGA
18
Q

disadvantages of state sovereignty

A
  • govts can do as they please eg. rwanda 1994
  • nations don’t have to sign international instruments
  • restricts intervention as no state is higher then itself
19
Q

purpose of the UN

A
  • maintain international peace and security
  • develop friendly relations between nation states
  • achieve international cooperation in solving international problems of a social, economic or humanitarian nature
20
Q

what was the ICC founded under

A

1998 rome statute

21
Q

what does the basis of consent mean (ICJ)

A

it means when determining disputes between members states, the ICJ produces a binding ruling between states - HOWEVER, both parties have to agree to the ICJ determining the ruling and the rulings aren’t enforceable
key principle = icj on has jurisdiction on the basis of consent
rulings are only enforceable if issued by the UNSC

22
Q

pros of adhoc tribunals

A
  • usually set up in country near or where the conflict occurred -> assists in evidence collection
  • only prosecutes those most responsible (command responsibility)
23
Q

what was the ICTY

A

independent tribunal set up to deal with serious violations of IHL committed in the former territory of Yugoslavia since 1991

24
Q

advantages of the ICTY

A
  • indicted heads of state, prime ministers, army chief of staff and govt leaders
  • applied the modern doctrine of criminal responsibility of superiors
  • made contributions to procedural law eg. protective measures for victims, the confidentiality and disclosure of into relative for the national security of states, guilty pleas of accused and duress as a defence
  • ruled sexual enslavement as a crime of aggression
  • simic decision 1999 - red cross workers can’t testify
25
Q

disadvantages of the ICTY

A
  • was already established but failed to prevent the the srebrenican massacre in 1995 –> 8000 Bosnian men and children killed in 5 days
  • expensive and slow –> had a 179$ million budget for 2014 alone
  • must provide legal aid for accused and 11% of budget went to defending warlords (they were broke)
26
Q

advantages of ICJ

A
  • any state party of the UNGA can apply for adjucation over territorial disputes
  • can advance world order by acting as a referee
  • heard 161 cases from 1947 - 2016
27
Q

disadvantages of ICJ

A
  • basis of consent
  • rulings NOT enforceable
28
Q

advantages of ICC

A
  • can prosecute individuals
  • symbolically strong deterrent alerting dictators that they can’t do whatever they want
  • deters impunity
29
Q

disadvantages of ICC

A
  • the structure of the icc which says individuals can only end up if referred to by a party of the Rome statute or if they have committed a crime on the territory of signatory states OR though a referral from the UNSC
  • requires states to collaborate with the prosecutor
  • anti africa bias
  • countries can leave the rome statute
30
Q

effectiveness of the ICC

A
  • good idea in theory not in practise
  • since 2002 only had 10 convictions and 4 acquittals
  • cases that highlight failure = president of kenya, sudan and syria
    -UNSC can block referrals
31
Q

who set up the ICTY

A

UNSC passed resolution 827 in may 1993 - first war crimes court established by the UN

32
Q

what is R2P

A

R2P = a set of international principles which operates to prevent mass atrocities

33
Q

when was R2P set up

A

R2P was set up in 2005 at the world summit

34
Q

why was R2P established

A

it was established as a direct result of the international communities failure to intervene during the genocide in Rwanda 1994 where 800,000 people were killed in 100 days

35
Q

strengths of R2P

A
  • recognises SS –> states must first be responsible for the protection of their own citizens
  • allows international intervention in situations of humanitarian abuse eg. resolution 1973 on libya in 2011
36
Q

weaknesses of R2P

A
  • states can’t agree on what a R2P situation is
  • UNSC approval needed –> p5 have different perspectives eg. syria
  • theres no independent authority to enforce R2P ergo, it requires the cooperation of member states for enforcement
37
Q

how did the Libyan intervention impact R2P

A
  • went against R2P principles and prompted it to never be used again
38
Q

what is the libyan intervention

A

beginning = arab spring 2011
- citizens of libya wanted democracy
–> president Gaddafi attacked them and killed 233 people in 4 days (according to HR watch)
- arab league and HR watch called on the international community to intervene

39
Q

what are the principles of R2P

A
  1. a state has the responsibility to protect its citizens from mass atrocities
  2. if a state cannot protect its population, the international community has the responsibility to do so by helping the state build its capacity to manage the situation
  3. if peaceful measures fail and the state isn’t doing its job, the international community has the responsibility to intervene diplomatically first and then use military force as a last resort (many military intervention must be though a consensus with the UNSC)
40
Q

what are the three strict responsibilities of R2P

A
  • responsibility to prevent
  • responsibility to react
  • responsibility to rebuild
41
Q

strengths of libyan intervention

A
  • political will of states and support for humanitarian intervention by NATO
  • consensus and legitimate authority of the UNSC upheld
42
Q

weaknesses of libya intervention

A
  • intervention didn’t create democracy
  • china and russia viewed intervention as an american “regime change” and has led to r2p never being used again
  • R2P meant to protect citizens yet nato ‘overstepped their mandate’ and killed some
43
Q

international responses to Libya

A
  1. UN suspension of members
  2. UNSC resolutions 1970 and 1973 declare R2P situation
  3. Gaddafi govt agreed to a ceasefire 48 hours after the no fly zone under resolution 1973
  4. Nato enforced the no fly zone (“operation unified protector”) -> criticised for conflict creep - overstepping their mandate and causing civilian deaths

HSC legal studies (11 decks)

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