INTERNATIONAL LAW In a state of anarchy

Foundation: What is legal - legal system or code What is right - morality or justice

Relatively New Legal systems evolve/grow, Int’l law is primitive but evolving

Primitive no legislative body, no code, no process; derived from custom or agreements similar to a tribe no established authority (police) to enforce “self-help” “unpunished lawlessness”

Modern Law developed from a need, ie; globalization, MNCs, UN, MADD

Problem moral standards vary; religion, philosophy, culture

Sources of Law internal; reflect society desires/standards external; ideology or theology

Sources of Law Int’l treaties Int’l custom Domestic law General principles prior judicial decisions, scholarly writings

Adherence to Law compliance: coercion by threats or extradition voluntary because members accept it enforcement: self help, no police, peer pressure, ICJ mediation sanctions

Settlement of Disputes Negotiation/Bargain: bilateral Mediation: by neutral 3 rd party (mideast) Adjudication: formal court process many int’l courts, specialized, ICJ, Criminal court, War Crime

ICJ: Int’l Court of Justice 15 members, multinational 2 parties must agree to adjudication jurisdiction is questionable willingness to obey court decision is weak

ICJ, The Hague advocates 15 justices

Heavy Reading Strategy Summarizer: reword the text Questioner: what questions arise? Etymologist: new vocab words