Chapter 8 International Law And Human Rights. International Law Anarchic System Primitive and...
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Transcript of Chapter 8 International Law And Human Rights. International Law Anarchic System Primitive and...
Chapter 8
International LawAnd
Human Rights
International Law
• Anarchic System• Primitive and evolving process• No formal rule-making process• No police• No courts• But does exist
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
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)
Fundamentals of International Justice
• Concepts of Behavior originate from:a.Religionb.Secular ideologiesc.Standards of what is faird.Common Practices• Justice is not the predominant force in
determining foreign policy.
Philosophical Roots of Law
• Where does it originate?1)External rootsa.Ideological/theological schoolb.Naturalist school2)Internal roots (positivist): Comes from
within a society
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.
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.
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)
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
How International Law is Made
• Judicial decisions and scholarly writing are 4th means
• International representative assemblies 5th way
Compliance with the Law
• Mostly voluntary• Coercion• A state can ignore international
opposition and international law if very powerful
Enforcement of Law
• Neither law enforcement nor sanctions well-developed at international level
• Possible ways:1.Military 2.Indictments3.Diplomatic Sanctions
Settling Disputes
Methods of settling disputes1.Bargaining between Adversaries2.Adjudication (arbitration)3.Mediation/conciliation through neutral parties
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
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
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
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
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?
Application of International Law
1. Post WWI Tribunals2. Current International Tribunals3. International Criminal Court
Human Rights Issues
• A right is a justified claim to something.• What justifies claiming a right?• Where does it come from?• Is it universal?
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
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.
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.
Human Rights Problems
• Death Penalty• Situation in Iraq• Genocide• Poverty• Child Labor
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.