4 0 IL IO

Assumptions of the Westphalian Legal System: 

Assumptions of the Westphalian Legal System 1. Sovereignty. There is no legal authority above the state; states are assumed to have control of activities within their borders States may voluntarily concede authority to an international organization 2. Equality. All states are legally equal: here is no explicit hierarchy in the system, in contrast to a medieval or imperial system. States still differ substantially in their size and capabilities Political groups acquire statehood by being recognized by other states; once admitted to statehood, they acquire a set of rights. Governments can lose recognition without the state losing recognition.

Assumptions of the Westphalian Legal System continued…: 

Assumptions of the Westphalian Legal System continued… 3. Noninterference and nonintervention. States should not attempt to intervene in the internal affairs of other states except through war. 4. States have a monopoly on the legitimate use of violence. War, if conducted properly, is considered a legitimate means of settling international disputes, . Only states can engage in such violence. 5. Neutrality. States have the right to remain outside the disputes of other states.

International Law as a Primitive Legal System : 

International Law as a Primitive Legal System Kinship/family groups have internal jurisdiction over many issues, including the use of violence Noninterference between kinship groups Law is based on custom and consensus rather than legislated Disputes are adjudicated by political leaders or social consensus rather than by a formal judiciary Enforcement is by kinship group or social sanction; ostracism is an effective sanction Ritualized violence between groups is legitimate

Other Approaches: 

Other Approaches Natural Law: International law is based on universally shared moral principles. This was the approach of the pre-WWII idealists Positive International Law: International law is whatever the international system decides to do with it; there is no necessarily any general structure. This applies best to functional areas Domestic Analogy: International law is comparable to legal systems within states; this is the "top-down" approach found in the League of Nations, UN Charter, Law of the Sea Convention

Types of International Law:Traditional : 

Types of International Law:Traditional Treaties and Diplomacy Persons International civil service Military operations under international control Refugees Territory Terra communis -- common land Terra nullis -- land of no state Functional Law War

Types of International Law: New Areas: 

Types of International Law: New Areas Global commons and environment Kyoto Agreement Scientific cooperation on health, agriculture, environment, population etc Economics Human Rights Universal Declaration of Human Rights Genocide Treat International Criminal Court Multifunction international organizations (e.g. EU, ECOWAS)

Sources of International Law : 

Sources of International Law Custom Bilateral Treaty Multilateral Treaty In many cases, treaties are negotiated specifically to define areas of international law and then opened for signature Actions and resolutions of international organizations Decisions of the International Court of Justice These are very rare...

How International Law is "Enforced": 

How International Law is "Enforced" Identitive compliance: States obey international law because it is consistent with their moral values Utilitarian compliance: Mutual agreement by consenting parties ("coordination problems"). Mutual noncompliance will leave all parties worse off Incorporation of international agreements into domestic legal systems, which then enforces the law using police and courts Withholding of benefits to violators This influences weak states more than strong states Threat of collective action against violators Example: Iranian hostage crisis This influences weak states more than strong states Explicit use of collective action (or internationally-sanctioned individual action) against violators. Example: war, and then sanctions, then yet another war, against Iraq

Sources of US ambivalence towards international law: 

Sources of US ambivalence towards international law Historical isolationism and skepticism of European political structures Universal Declaration of Human Rights (1948)—signed 1979, still not ratified Genocide Treaty (1948)—ratified 1988 Ignoring NAFTA and WTO treaties on tariffs against Canadian timber: 800-lb gorilla effect Role as dominant military power Land Mine Treaty—use of land mines in Korea International Criminal Court—concern about US military operations Invasion of Iraq without Security Council authorization Role as major economic power Law of the Sea Treaty Kyoto Accord

IGOs - Intergovernmental Organizations: 

IGOs - Intergovernmental Organizations General Purpose UN, OAS, Arab League, African Union Functional WHO, FAO, ILO, UNESCO, Universal Postal Union, Intl Civil Aviation Organization, World Court Economic IMF, World Bank, GATT/WTO, ECOWAS, EU, OPEC, UBEC Military NATO, Warsaw Treaty Organization, ANZUS, temporary alliances

NGOs - Nongovernmental organizations: 

NGOs - Nongovernmental organizations PVOs-"Private volunteer organizations" disaster relief development Advocacy environment human rights Religious Professional, Managerial and Scientific "Epistemic communities"

History of United Nations : 

History of United Nations 1941-1945 Founding as part of WWII Allied alliance 1945-1950 Post-WWII cooperation; ends with UN action in Korea 1950-1960 US dominance; Security Council actions blocked by USSR vetos; "Uniting for Peace" procedures established by General Assembly 1960-1970 UN involvement in decolonization (e.g. Congo; UNDP); first financial crisis 1970-1980 "Southern" dominance of General Assembly; increasing emphasis on functional issues such as urbanization, population, environment. 1980-1990 Second financial crisis; movement towards bureaucratic reform 1990-present Post-Cold War cooperation; Iraq-Kuwait action; major increase in peacekeeping activities

Major UN Peacekeeping/Peacemaking Operations: Cold War : 

Major UN Peacekeeping/Peacemaking Operations: Cold War 1948: Palestine, Kashmir 1950: Korea 1956: Suez 1960: Congo 1964: Cyprus 1967: Middle East 1973: Middle East 1978: Lebanon

Major UN Peacekeeping/Peacemaking Operations : Post Cold War: 

Major UN Peacekeeping/Peacemaking Operations : Post Cold War 1989-1990: Namibia, Angola 1990/91: Iraq 1992-1994: Western Sahara, Mozambique 1992-1995: Yugoslavia 1992-1995: Cambodia 1992-1995: Somalia 1993-1995: Haiti 1999: Kosovo 1999: East Timor 1999: Congo 2000: Ethiopia/Eritrea

Challenges facing UN at age 60: Economist 10 September 2005: 

Challenges facing UN at age 60: Economist 10 September 2005 Collective security and the use of force Korean (1951) and Iraq (1991) are the only cases Does “self-defense” include pre-emptive action (USA in Iraq 2003) Humanitarian intervention Security Council membership Perm. membership for India, Brazil, Germany and Japan Peace-Building Commission Follow-up to peacekeeping missions: debate over SC vs GA control

Challenges facing UN at age 60: Economist 10 September 2005: 

Challenges facing UN at age 60: Economist 10 September 2005 Human Rights Council Currently too large (53 members) and contains some of the worst human rights offenders Non-proliferation vs arms control US sees WMD proliferation as the major issue developing countries want to see Western powers do more disarmament

Current Problems of the United Nations : 

Current Problems of the United Nations Membership Expansion of Security Council Increased size with new states (currently 191 members) Expansion of peacekeeping operations Cost—about $2-billion per year Command structure Institutional support Legitimacy Peacekeeping versus peacemaking

Current Problems of the United Nations: 

Current Problems of the United Nations Budget - Size (approx $4-billion for regular budget and PKOs; additional $6-billion for all other UN agencies) - Dependence on large donors (8% of members pay 86% of budget) - Unpaid dues, particularly by the United States   Bureaucracy - Post-Cold War reorganization - Large donor dissatisfaction - Waste and fraud; use of "consultants" - Autonomy

Slide19: 

Source: Global Trends 2015: A Dialogue About the Future With Nongovernment Experts. U.S. National Intelligence Council, December, 2000.

Expansion of the European Union: 

Expansion of the European Union Arguments in Favor Increased market will better compete against USA, Japan, ASEAN Equal economic and political conditions will reduce immigration Equal economic and political conditions will increase security within Europe Increased size will offset power of Germany Arguments Against Expanded group is less culturally cohesive Admission of less developed members is expensive and may be economically disadvantageous to existing members It is unclear whether the existing political structure can be expanded indefinitely