LAW 221: INTERNATIONAL LAW Dr. Başak Çalı

Outline History of IL: continued Is international law ‘law’? Enforcement of international law Outline

Where were we?

The beginnings of modern IL Expansion of European powers to the rest of the world The creation of jurisdictional entities in Europe The beginnings of modern IL

Vattel (1714-1767)

Vattel (1714-1767) The Law of Nations (1758) A central text of classical positivism There is natural law, but only sovereign states can decide what it is. (Compare with Goldsmith and Posner -2006) Absolute sovereignty paradigm in IL Potential problems? Vattel (1714-1767)

How to interpret IL?

The problem of moving goal-posts If only states know what the international law is, how do we know what international law is? But traditional positivism still struck a chord in IL jurisprudence. The problem of moving goal-posts

Positivist v. natural law accounts of International Law An epic battle?

An epic battle? Natural law-based views of IL State Sovereignty makes sense as part of a larger web of values. There are moral limits to sovereignty of each and every state - consent does not always matter. Positivist views Sovereignty is an independent value Sovereign acts of states define the scope of international law and the limits to sovereignty – consent always matters

19th century Expansion of IL to China and the Ottoman Empire Balance of power in Europe: war is lawful means to achieve political ends The notion of ‘family of nations’ and the distinction between civilised and non-civilised states 1863: The creation of the ICRC 1885: Berlin Conference: the creation of African states 1899: Hague Law: limits on means and methods of warfare 19th century

Membership of the League of Nations: 1920-46

League of Nations Covenant THE HIGH CONTRACTING PARTIES, In order to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organised peoples with one another, Agree to this Covenant of the League of Nations. League of Nations Covenant

Big Break: The League of Nations – 1919-46 The creation of the ILO (1919) The first individual petition mechanism at an international organisation The mandate system: transfer of authority to an international organisation Permanent Court of International Justice: first ever international court (1920) Big Break: The League of Nations – 1919-46

The Manchurian and Abyssinian crises (1932 & 1935) The start of the Second World War (1939) States start pulling out of the League of Nations President Woodrow Wilson failed to get the League of Nations Treaty through US Congress The League of Nations

Contemporary IL

Contemporary IL Sovereign states are still here. Vattel’s views continue to carry weight, BUT: There are very wide ranging and –at times- deep international laws. The skeptic sees the Vattel everywhere The optimist points at the myriad of laws that have come about, especially since 1945. The well-informed knows that some areas of international law are stronger than others both in terms of content and enforcement. Contemporary IL

Is international law ‘law’? Why would someone ask this question? Is international law ‘law’?

The question is at once odd and important It is odd because, there are so many international laws around in year 2013 and these laws have real consequences. It is important because international law is still different from domestic law The question is at once odd and important

Is international law ‘law’? To ask this question someone must: already have a definition of law think that international law does not fit into that definition Is international law ‘law’?

John Austin

Austin’s three propositions Law is the command of a sovereign Commands are backed up by sanctions Law as command of sovereign - backed up by sanctions – attracts obedience Austin’s three propositions

Next Week: Sources of IL No LECTURE NEXT MONDAY. For Lecture NEXT WED: Read pages 93-97 AND Chapter on Treaties AND the Vienna Convention on the Law of the Treaties. Bring your VCTL with you to class. There is also a lecture NEXT Thursday. Next Week: Sources of IL

GOLD DUST CASE 1: 2 October at 5 pm