International Relations (Course Overview & Introduction) by Karwan Dana Ishik University

ALL BOUT ME Law Lecturer at Ishik University Karwan Dana Law Lecturer at Ishik University Lawyer at Ministry of Natural Resources (RKG). PH.D (Student) University of Wolverhampton, School of Law UK. Masters in law University of Birmingham UK. Bachelor University of Wolverhampton, School of Law, social sciences communication UK. Email: karwan.uk@ishik.edu.iq

Two Questions What is international law? Does such a thing really exist? How is international law enforced? Isn’t it really just a matter of power politics? Current members: There are 193 United Nations (UN) member states, and each of them is a member of the United Nations General Assembly.

Defining International Law Traditional: the rules determining the conduct of states in their dealings with one other Increasingly, though, individuals and corporations – not just states – viewed as subjects of international law Newer: the body of rules and principles, formal and informal, operating at the international rather than national level

Sources of International Law Explicit agreements (Treaties, conventions, protocols) UN Charter Geneva Convention Kyoto Protocol Customary Law (like “common law”) General, representative and consistent practice of states Norms (general principles of morality and justice) UN’s Universal Declaration of Human Rights1948 Ok accompanied by the so-called opinio juris, i.e. the conviction of States that the practice or set of practices is required by law. Judgments and awards of international tribunals as well as scholarly summaries have traditionally been looked to as persuasive sources for such legal principles in addition to direct evidence of state behavior c) UN Declaration in 1948: Doesn’t have the force of law, but outlines norms and principles that frown upon political repression, the use of torture, etc.

Contracts for the International Sale of Goods 1980 Adopted in 53 countries, including U.S. Similar to Uniform Commercial Code (UCC) law of sales and other commercial transactions across the United States of America (U.S.) through UCC adoption by all 50 states, the District of Columbia, and the U.S. territories.

Treaties and International Trade Organizations WTO/GATT 1995 Outlaws tariff discrimination Most favored nation status Outlaws nontariff barriers Caps tariffs

International Courts WTO dispute resolution Trade disputes between member nations May order retaliatory trade sanctions

International Law Principles Sovereign immunity Equality of countries Each country sovereign nation No country subject to another’s laws without consent International commercial transactions are voluntary – subjects country’s government to civil suits

Question One: What IS International Law?

Areas of International Law diplomacy war environment I’ll save a discussion of international environmental law for a later day. human rights

War When is it legal? What conduct is legal? “just wars” versus wars of violence What conduct is legal? No chemical or biological weapons; no land mines Non-combatants should not be targeted Excessive force should be avoided prisoner of war POWs UN charter distinguishes between the two. Under Article 51, a country is permitted to wage a war to defend itself against an imminent threat. Israel used this language to justify its decision to bomb and thus destroy the Osirak nuclear reactor in 1981 (an Iraqi facility); Bush administration invoked it again in 2003 to justify the invasion of Iraq. But many legal scholars, and now the UN Secretary-General, don’t accept that argument. They call the invasion of Iraq illegal. legal behavior Chemical weapons banned in 1925 Geneva protocol. Production and possession restricted further in the 1992 Chemical Weapons Convention. Biological weapons also curbed under a convention signed in 1972 civilians should be protected proportionality Specific rules to protect prisoners of war from being abused or humiliated. After Saddam’s capture, U.S. news media reported him being checked for head lice. Broadcast of such pics violated rules against mistreatment of POWs.

Human Rights New and controversial area How do you define it? Infringes on national sovereignty Broad political rights Helsinki Accords (1970s) U.N. Covenant on Civil and Political Rights (1966) U.N. Covenant on Economic, Social and Cultural Rights (1966) U.N. Convention Against Torture (1984) Rights of threatened groups U.N. Convention on the Elimination of Racial Discrimination (1965) U.N. Convention on the Elimination of Discrimination Against Women/CEDAW (1979) U.N. Convention on the Rights of the Child (1989) Genocide (1948 convention) Rwanda Bosnia Sudan? Are there such things as international human rights? Targeted countries complain that their internal affairs – and thus their sovereign rights – are abridged in these cases. U.S. and Soviet Union reached Helsinki accords to promote rights of political dissidents in the Soviet bloc. UN convenants also approved to ensure such rights, and to give basic “right to survive” to individuals. Torture CEDAC includes language on comparable worth; Convention on rights of child includes controversial language re: information on sex and sexual reproduction. Should parents be upset? 1994 genocide declared such only after the fact – a human rights tribunal in Tanzania; Bosnian atrocities led to war crimes tribunal in the Hague. U.S. has called crisis in Sudan a case of genocide – but UN hasn’t acted yet.

U.S. and Human Rights Champion? Hypocrite? Led campaign for rights in Soviet Union, then China Hypocrite? U.S. trained torturers during Cold War; and used torture at Guantanamo and in Iraq Targets counter that U.S. itself has largest number of prisoners; a vast population of poor and homeless; persistent racism U.S. hasn’t ratified many human rights conventions Economic, social and cultural rights Elimination of discrimination against women Rights of child Convention on Economic, social, and cultural rights – Congress doesn’t like restrictions on overtime pay, etc. that are viewed in the U.S. as private matters. Convention to Eliminate Discrimination Against Women – language on comparable worth for female workers. Convention on the Rights of a Child: concern about child soldiers (17); and about capital punishment of juvenile offenders.

Superpower Exceptionalism Not just on human rights conventions U.S. also has not ratified ILO conventions on labor rights (1950s) CTBT Convention on the Law of the Seas Land Mine treaty Global Warming (Kyoto) protocol

Question Two: How is it enforced?

Supranational Enforcement? Well, no … not really

Option #1 International Court of Justice

ICJ = World Court A branch of the UN 15 judges meets in The Hague (Netherlands) he city is also home to the U.N.’s International Court of Justice, headquartered in the Peace Palace, and the International Criminal Court. 15 judges serving nine-year terms selected by UN Hears cases brought by states against other states Example: border disputes (Honduras v. El Salvador) Despite a formal peace treaty, a decision by the International Court of Justice, the support of the OAS and more than 40 years having passed, the dispute remains Jurisdiction? Shaky U.S. and mining of Nicaragua’s harbor (1986) On Nicaragua vs. U.S.: the latter simply withdrew from the optional clause of the ICJ charter, and thereby evaded jurisdiction.

Nicaragua v. The United States of America (1986 The first armed intervention by the United States in Nicaragua occurred under President Taft. In 1909, he ordered the overthrow of Nicaraguan President José Santos Zelaya. During August and September 1912, a contingent of 2300 U.S. Marines landed at the port of Corinto and occupied León and the railway line to Granada. A pro-U.S. government was formed under the occupation. The 1914 Bryan–Chamorro Treaty granted perpetual canal rights to the U.S. in Nicaragua and was signed ten days before the U.S.-operated Panama Canal opened for use, thus preventing anyone from building a competing canal in Nicaragua without U.S. permission. The Republic of Nicaragua v. The United States of America (1986) ICJ 1 is a public international law case decided by the International Court of Justice (ICJ). The ICJ ruled in favor of Nicaragua and against the United States and awarded reparations to Nicaragua. The ICJ held that the U.S. had violated international law by supporting the Contras in their rebellion against the Nicaraguan government and by mining Nicaragua's harbors. The United States refused to participate in the proceedings after the Court rejected its argument that the ICJ lacked jurisdiction to hear the case. The U.S. also blocked enforcement of the judgment by the United Nations Security Council and thereby prevented Nicaragua from obtaining any compensation.[2] Nicaragua, under the later, post-FSLN government of Violeta Chamorro, withdrew the complaint from the court in September 1992 following a repeal of the law which had required the country to seek compensation. The Court found in its verdict that the United States was "in breach of its obligations under customary international law not to use force against another State", "not to intervene in its affairs", "not to violate its sovereignty", "not to interrupt peaceful maritime commerce", and "in breach of its obligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956."

An Example of Shaming: Canada and Harp Seal Pups In 1980s, Greenpeace publicized seal hunting in Newfoundland, creating international uproar. Canada was shamed into cracking down on the seal hunters, and bringing that country into compliance with the Convention on the Protection of Marine Mammals.

So who’s right? Realists or Liberals?