Chapter 8

1. Chapter 8 International Law And Human Rights

2. International Law • Anarchic System • Primitive and evolving process • No formal rule-making process • No police • No courts • But does exist

3. International Law • Began with growth of state system and need for regulation of relations • Base formed from Holland’s Hugo Gotius De Jure Belli et Pacis • Globalization has expanded need for international law

4. Practice of International Law • Most effective in governing the rapidly expanding range of transnational functional relations (trade, diplomatic rules, communications) • Least effective with high-politics (security)

5. Fundamentals of International Justice • Concepts of Behavior originate from: • Religion • Secular ideologies • Standards of what is fair • Common Practices • Justice is not the predominant force in determining foreign policy.

6. Philosophical Roots of Law • Where does it originate? • External roots • Ideological/theological school • Naturalist school • Internal roots (positivist): Comes from within a society

7. How International Law is Made • Domestically, law is made through constitutional provisions, common law and equity. • International treaties are the primary source of international law which codify policies.

8. How International Law is Made • Treaties are supposed to be binding in all countries who sign them. If not, can be nullified. First way that international laws are made. • If many agree, then policy gains system-wide legitimacy.

9. How International Law is Made • International Custom second most important source of international law. • Example: Territorial waters expand 3 miles beyond borders. • Sometimes customs are codified. (Example: Vienna Convention on Diplomatic Relations)

10. How International Law is Made • General Principals of Law are the 3rd source of international law. • International Court of Justice uses • Vague • Based on external sources of law such as freedom of religion and freedom from attack. • Example: Milosevic and torture

11. How International Law is Made • Judicial decisions and scholarly writing are 4th means • International representative assemblies 5th way

12. Compliance with the Law • Mostly voluntary • Coercion • A state can ignore international opposition and international law if very powerful

13. Enforcement of Law • Neither law enforcement nor sanctions well-developed at international level • Possible ways: • Military • Indictments • Diplomatic Sanctions

14. Settling Disputes Methods of settling disputes • Bargaining between Adversaries • Adjudication (arbitration) • Mediation/conciliation through neutral parties

15. Adjudication • International Court of Justice (ICJ) associated with United Nations • Regional courts • International tribunals • Jurisdiction of above courts: sovereignty a barrier, clauses in treaties to commit

16. Effectiveness of International Courts • Jurisdictional limits • Lack of enforcement • Not irrelevant b/c can influence policy and public opinion and findings can resolve issues among IGOs • Countries using more as numbers of IGOs grow

17. States, War & International Law • Where international law begin • Covers state vs state and internal conflicts too • Defines legitimate warfare • Standards of war are rooted in Western-Christian tradition (St. Augustine and St. Thomas Aquinas) • Standards vague and controversial

18. Just Causes of War • Also known as, jus ad bellum • WWII war crime tribunals helped lead to codification • Establishment of International Criminal Court (ICC)—doesn’t define aggression but states it will follow United Nations Charter • Jus Ad Bellum not full precise

19. Just Conduct of War • Not clearly defined but the Hague Conferences and Geneva Conferences helped define rules about permissible weapons, treatment of prisoners, and other matters. • How to gauge proportionality of behavior?

20. Application of International Law • Post WWI Tribunals • Current International Tribunals • International Criminal Court

21. Human Rights Issues • A right is a justified claim to something. • What justifies claiming a right? • Where does it come from? • Is it universal?

22. Universalists • Believe that all humans possess the same rights and that they are immutable. • Rights originate from outside society and borders. • Nature of human existence • Rights people inherently possess

23. Relativists • Believe that rights are relative to culture. • Product of a society’s values • No single standard should apply. • Rights are not timeless but change with the times.

24. Human Rights & International Relations • Relativists assert that trying to impose standards on the world stage equals cultural imperialism. • Universalists argue that the above is a way to justify the unjustifiable.

25. Human Rights Problems • Death Penalty • Situation in Iraq • Genocide • Poverty • Child Labor

26. Human Rights Progress • United Nations the center of Human Rights issue. • Universal Declaration of Human Rights • European Court of Human Rights and other Commissions • The claim that cultural standards differ = what is a human rights violation in one country is acceptable in another.