Morality, Human Rights, and International Courts Chap 8 Image source: http://www.dla.mil/dg/ International Law Morality, Human Rights, and International Courts Chap 8

Terms Legal systems constrain governments Morality Image source: SJSU, justice department Terms Legal systems constrain governments Domestic = constitution International = ? Code based vs. precedent based Yale Avalon library: Documents in Law, History and Diplomacy Morality The questions of “right” vs. Might Both act to limit power

Legal Systems are Dynamic Image source//aofg.blogs.com/the_airing_of_grievances/2004/09/ Legal Systems are Dynamic Infancy stage (primitive) Law may still be only theory (realist approach) Early focus on war Grotius (1583-1645): De Jure Belii et Pacis WWII => just war theories: Michael Walzer Success = Functional Relations: trade, diplomacy, communications Humanitarian, morals, ethics

Theory Positivist Naturalist Ideological/Theological Image source: Vassar College Theory Positivist Law reflects society and its desires Naturalist “inalienable” rights from nature Locke: Two Treatises of Government Ideological/Theological St. Augustine on war; Islamic Sharia, Buddhist ideals

How Int’l Law is Made: International Representative Assemblies UN General Assembly Judicial Decisions and Scholarly Writing Stare decisis: precedent driven Judicial review International Court of Justice International Custom International Treaties Jus gentium: codify (write down) Pacta sunt servanda (treaties are to be served and carried out)

Adherence to Law Enforcement Compliance Central Authorities Active engagement (peacekeepers) Sanctions Self-help (self-defense/sovereignty) Compliance Voluntary Coercion

Adjudication of the Law Efficacy International Courts Jurisdiction

Impact of ICJ

Human Rights Textbook poll: relativist or not? http://www.dadalos.org