International Law and Organizations

International Law

Differences between Domestic and International Law International law – the body of rules that bind states and other actors in world politics in their relations with one another.

Unlike domestic law, international law reflects the lack of an international sovereign International law can be enforced only through: Reciprocity, Sanctions, or Reprisals

There is no international legislature to set laws for all nations; International law is ultimately based on explicit or implicit consent to its provisions.

Sources of International Law Customary Practices Represents established and consistent practices of states in international relations Diplomatic immunity, Prohibition of slavery and Genocide.

When states' adherence to rules becomes widespread and commonplace, they may be regarded as binding on all states, Even those that do not explicitly consent

Treaties Treaties are "contracts" between states or formal agreements to accept a set of obligations.

Consent is explicit, unlike with customary practice But if a treaty's provisions are widely observed by most states, It can be argued that those provisions have become customary law.

International law declares that agreements must be: Kept and Performed in good faith.

A state's internal laws cannot exempt it from compliance with international law; Has caused many problems especially in the areas of trade and environment.

Forums for negotiation of treaties exist. International organizations such as the UN Ex. Convention on chemical weapons, Multilateral forums Ex. NAFTA Bilateral Negotiations Ex. START

Violation and Compliance Like domestic law, international law is frequently violated, But many provisions and principles are adhered to every day Ex. Freedom of the seas.

Most governments attempt to justify their actions in terms of international law, even when their legality is questionable. Because there is no international sovereign, the legality of an action often depends on one's point of view. Ex. American invasion of any country

Why then do states obey international law? International law provides a framework for the orderly conduct of international affairs. States may obey the law out of fear of sanction or reprisal. International law may be enforced by reciprocity.

States that routinely flout international law may gain a reputation as untrustworthy and may become "pariah” or “rogue” states, Ostracized from the international community Ex. North Korea and its nuclear program.

Areas of International Law

The Principle of Sovereignty Formally established in the Peace of Westphalia, This principle holds that individual states have ultimate legal authority within their own borders.

States have freedom to govern their own: Nationals – Personal sovereignty Territory – Territorial sovereignty Use of the public domain – High seas, outer space, Legal agreements with other states, and Fight wars in self-defense.

Sovereignty also implies that interference with domestic affairs is outside the scope of international law; Causes many problems in the area of human rights.

Problems with Sovereignty Actions taken on another state's territory in response to threats to sovereignty can be seen by others as armed aggression Again, American intervention in any country.

Some countries declare that sovereignty allows them to violate international commitments. Ex. North Korea's refusal to allow IAEA inspection of its nuclear facilities.

According to the principle of personal sovereignty: Individuals cannot be subjected to international law Nor claim any rights under it;

May be interpreted to allow governments to treat their citizens brutally, Making it difficult to "bring to justice" leaders who perpetrate violations of human rights.

Human Rights under International Law The idea that humans have inalienable rights is ancient, But guarantees of human rights under international law is a relatively new concept.

Conceptions of human rights are grounded in the doctrine of natural law Natural Law – certain human rights derive from a "higher law" rather than from actions of rulers or governments.

In the 19 th century, international law developed a doctrine of humanitarian intervention to stop atrocities. In the late 19 th & early 20 th centuries, international conventions on human rights were signed Ex. Geneva Conventions on laws of war.

Efforts to develop a universal law on human rights were hindered by the doctrine of positive law, Claimed that there can be no law in the absence of sovereignty and That international law did not apply to sovereign states.

This doctrine was put into practice in Nazi Germany's Nuremberg Laws, Legalized persecution of Jews.

After WWII, with the Holocaust in recent memory, the UN codified principles of human rights into international law Universal Declaration of Human Rights.

The rights of women have acquired a special place in international human rights law. Frequently violated, women's rights that have become international norms & include: Gender equity Equal access to education, economic opportunities, and health care; Prevention of violence against women.

The abolishment of abuses of women's human rights is made difficult due to: Cultural ignorance, Indifference to women's concerns, and Strong political resistance in many countries.

In 1998, delegations from 160 states adopted a statute creating the International Court of Justice (ICC); It has the power to try individuals accused of crimes against humanity, such as: War crimes and genocide.

Some major states, including the U.S. and Russia, have refused to ratify the statute; U.S. fears that the ICC will be used as a means to prosecute U.S. soldiers, the President, and other high ranking officials by countries who oppose U.S. policies; The failure of the five permanent members of the Security Council to ratify the statute questions how effective the Court will and can be.

Can Human Rights Decrees Be Enforced? When human rights have clashed with sovereignty, sovereignty has usually won out; Torture, political imprisonment are still widespread.

Warfare and Aggression The conduct of war has been another major area of international law, As with human rights these attempts have been only partially successful.

Some international conventions cover the rights of: Belligerents – countries fighting in war and Neutrals – countries supporting neither side. Other conventions seek to limit the means of warfare Hague Convention of 1899 and Geneva Protocol of 1925.

Antarctica The 1959 Antarctic treaty prohibited new territorial claims on that continent and declared that it shall only be used for peaceful purposes. In 1998, a protocol came into force that bans mining and oil exploration in Antarctica for a period of fifty years.

The Verdict on International Law The existence of international law shows that the international system is not a completely anarchic environment, But attempts to enforce international law resemble frontier "vigilante justice“ The "sheriff" is weak, all the citizens are armed, and "posses" must be formed to bring criminals to justice.

International Organizations

Are called upon to deal with political, social, and economic issues that states are unwilling or incapable of managing by themselves.

Intergovernmental Organizations (IGOs) are associations of sovereign states with a common purpose, established through formal agreement.

Some IGOs have a global membership Ex. UN While others are regional Ex. ASEAN.

Likewise, some IGOs are general-purpose forums While others concentrate on specific issues Ex. NATO.

Nongovernmental Organizations (NGOs) unite groups and individuals, usually for action on specific issues Ex. Greenpeace or Amnesty International; They lie outside the traditional structure of international politics, But many have a significant impact on world affairs.

The Genealogy of the United Nations

The Concert of Europe The Concert of Europe was established after the Napoleonic Wars To resolve European conflicts and Provide collective security.

The Concert did not always operate in an impartial manner, But reflected political relationships among the Great Powers.

The elitism of the Concert proved its undoing; It was incapable of responding to the rise of nationalism among many subject peoples in Europe.

The League of Nations The League of Nations was created by the Treaty of Versailles in 1919 It lasted formally until 1946.

Arguably, the League was stillborn, The most potentially powerful state in the international system refused to join. The League proved ineffective, however, for a number of reasons.

The League's members continued to practice balance-of-power realpolitik. The U.S. never joined the League, Key states left after being censured Ex. Japan, Italy, & Germany, The USSR was admitted only in 1934 and Expelled in 1939.

The League's decision-making rules, hampered its ability to take action. Required unanimity among all members of its Security Council Allowed vetoes by other members. Enforcement of League-imposed sanctions was almost impossible.

Overall, the League was an overreaction to the Great Power politics of the Concert; It demonstrated that moral force alone could not stop aggression, Without the backing of the Great Powers.

The United Nations Is Born The UN was established in 1945 to: Maintain international peace and security Promote friendly and cooperative relations among nations and peoples; Almost all states belong to it.

The UN's founders intended it to act as a "world policeman" to enforce collective security, But the UN has often been an arena for political grandstanding and competition.

The United Nations: Structure, Functions, and Politics

The General Assembly The Security Council The Secretariat and the Secretary-General The International Court of Justice The Economic and Social Council

UN Missions: Expectations and Experience

Military Action The Security Council can authorize military actions in the interests of collective security. UN does not maintain a standing army, This has been suggested, Relies on troops from member states for peacekeeping forces.

Since 1948, the UNSC has: Authorized 55 peace operations, Have involved a total of more than 600,000 troops,  1,780 of which have died in the line of duty.

Three Types of UN Peace Operations Peace observation. Peacekeeping. Peace enforcement.

Peace Observation Monitor compliance with cease-fires or truce agreements, Don’t attempt to enforce agreements or inhibit combatants Ex. UN Truce Supervisory Organization,  Monitors the cease-fire between Arab and Israeli forces.

Peacekeeping Acts as a buffer between warring parties that have agreed to a truce; In most cases, they can use force to resist violations of the buffer zones they occupy Ex. UN Protection Force  Separates Serb and Croat forces in Croatia.

Peace Enforcement Responds to aggression with military force in order to enforce collective security Ex. UN coalition action in the Korean War Ex. The Persian Gulf War; Unlike the other missions, these forces do not require host country permission to operate on a state's territory.

Peace Operations in the New Era Post-Cold War peace operations have met with mixed success.

In Bosnia, Peace observers generally lacked the capability or authority to stop fighting and "ethnic cleansing.

In Cambodia, Peacekeepers attempted to: Disarm warring insurgents and Successfully supervised an election despite threats of massive violence;  Peacekeepers were unable to convince the Khmer Rouge to demobilize and disarm.

Provision of funds for peace operations may become a continuing problem UN missions take on more responsibilities every year.

Suggested strengthening UN peace operations through: Establishment of a united peacekeeping budget, Pre-designation of member state's forces for peacekeeping duty Makes them available immediately for use, Establishment of a $400 million revolving fund for peacekeeping.

The UN's Effectiveness

The UN's founders sought to downplay expectations of the new organization; Veto power of permanent Security Council members was intended to allow the UN to take only those actions supported by all the Great Powers.

The UN's effectiveness has been hampered by national sovereignty; Sovereignty constrains the UN just as guarantees of civil rights constrain national governments.

Like the League of Nations before it, the UN cannot force any state to comply with its resolutions, Unless the major powers are committed to enforcing UN decisions.

Arguably, however, UN political and economic sanctions have proven effective in some cases Ex. South Africa.

Overall, the UN's record has proven that the expectations were correct. Acted as a world forum for discussion of issues. Provided and coordinated humanitarian relief. Facilitated collective security, When the major powers have agreed.

Has not brought about world peace, But was not designed to do so.

UN's Greatest Challenge The 21 st century challenge will be to adapt its structure and mission to the changing international system.

Other IGOs

General-Purpose Regional IGOs Promote: Regional security Economic cooperation Act as forums for resolving regional disputes Ex. Arab League, European Union, ASEAN.

The record of these IGOs in fostering cooperation is mixed; Have not stopped regional conflicts, but Have served to foster communication and Encourage peaceful resolution of disputes.

Many regional IGOs have been successful at promoting regional economic cooperation Ex. ASEAN, EU.

Specialized IGOs Interpol, serves as an example of how IGOs can foster cooperation among states; Purpose is to promote assistance among police organizations Within the limits of the law existing in the different countries and In the spirit of the Universal Declaration of Human Rights.

Specialized IGOs include several groups designed to promote mutual defense or collective security. Ex. NATO, the late Warsaw Pact.

The end of the Cold War has lead to controversy over the expansion of NATO. Many Russian leaders continue to object to NATO expansion, Fear that it will relegate Russia to the status of a second-class power.

Success of IGOs IGOs have achieved some noteworthy successes Ex. G-7. However, they labor under the same constraints as the UN Again, the problem of sovereignty.

Nongovernmental Organizations

NGOs operate across national boundaries independent of governments. Like IGOs, NGOs can be broadly or narrowly focused.

Humanitarian NGOs Red Cross/Red Crescent, Amnesty International, Oxfam, Save the Children Attempt to better the human condition by attacking specific problems.

Environmental NGOs Greenpeace, Seek to improve environmental awareness.

Multinational Corporations Firms based in a specific home country, but conducting business in several states; Some MNCs have assets greater than most sovereign states Are often (and often correctly) accused of political meddling, Particularly in developing countries. Ex. Mitsubishi, General Motors, Exxon.