International Law

International Law ~The Basics ~Creating IL ~Primitive Nature ~Adherence

Its Roots Western influenced European, then US domination Father of International Law Age of Reason Natural Law ¤ Hugo Grotius (1583-1645)

Issues Early law  war Contemporary law  transnational issues More actors, contact Need rules Differences between cultures Cultural relativism Singapore & gum ¤

Creating Int’l Law Sovereign states pursue self-interests Based on customs & agreements Bilateral, multilateral pacts Form IGOs Help establish agreements Monitor adherence UN Int’l Court of Justice, UN Atomic Regulator, UN Environmental Programme, many more for diff. issues INTERPOL Coordinates policing IMF Monetary regulation WTO Trade regulation

Creating Int’l Law: Mercury Agreement Why is the Minamata Convention important? Mercury exposure = highly toxic Bad for people Inhale, ingest, skin contact Harms environment Seeps into soil, pollutes water, poisons animals and plants Minamata, Japan- one of world’s worst cases Local chemical plant water pollution Minamata Disease ¤

Creating Int’l Law: Mercury Agreement (cont.) What does it regulate? Supply, trade, use Emission reduction in mining, power plants, metals production Why did 140+ states agree? In their self-interest Straightforward, uncontroversial objective Won’t restrict coal burning 24% emissions Relatively easy fix

Primitive Nature Based on customs, agreements Coastal territory No overarching enforcement authority Sovereignty Requires cooperation Self-interests ¤

Adherence So, is international law really law? Compliance is voluntary Russia and Crimea – UN declares vote illegal Means of enforcement Most states obey international laws- Why? Ex. : U.S. compiles with WTO cotton subsidy ruling Reputation Long-term benefits v. short term losses Employ means to convince states to comply Sets precedence for cooperation ¤

Adherence What is at issue in A Line in the Sea? What was the ruling? Peru and Chile have maritime boundary dispute Peru turned to International Court of Justice (ICJ) Wants more territory 1952 ‘treaty’ was just fishing agreement What was the ruling? ICJ- Peru gets more territory Hito 1 was customary line Chile keeps inshore control ¤

Adherence Why will Peru and Chile likely comply? Each got some territory Got ICJ ruling- good to abide by it Trade interests Bolivia’s complaint ¤

http://myphilippinelife.com/south-china-sea-territorial-disputes-in-depth-report-by-new-york-times/

Adherence What is at issue in Force Majeure? Why doesn’t China comply? China claims lots of the South China Sea Exclusive Economic Zone (EEZ) claims Philippines claim Spratly Islands, EEZ IGOs to settle dispute: UN, ASEAN Vietnam claims Paracel Islands, EEZ Led to rioting Why doesn’t China comply? Claims are valid; UNCLOS is wrong ¤

Adherence How are these issues similar to other issues? ¤ China’s SCS claims Germany’s Sudetenland claims Russia in Crimea Indonesia’s EEZ with fishing Claims are for economic gain WTO rulings Solar panels, steel, and Jeep tariffs U.S. intervention unlikely Similar to Taiwan situation ¤

International Law: Recap ~ The Basics ~Creating IL ~ Primitive Nature ~Adherence

IL & Lord of War How does Lord of War demonstrate IL is primitive? IL regulating weapons trade Based on agreements ATT Means of enforcement IGOs lack real authority Compliance is voluntary Up to the states ¤

IL & Lord of War What issues/events does Lord of War address? CW-arms build-up; post-CW sales P-5 biggest arms dealers Civil war Child soldiers Refugee camps Human security issues Health, poverty, lack of opportunities Transnational crime Illegal trade in guns, blood diamonds, drugs ¤