Chapter 8 International Law And Human Rights

International Law Anarchic System Primitive and evolving process No formal rule-making process No police No courts But does exist

International Law Began with growth of state system and need for regulation of relations Base formed from Holland’s Hugo Gotius De Jure Belli et Pacis Globalization has expanded need for international law

Practice of International Law Most effective in governing the rapidly expanding range of transnational functional relations (trade, diplomatic rules, communications) Least effective with high-politics (security)

Fundamentals of International Justice Concepts of Behavior originate from: a.Religion b.Secular ideologies c.Standards of what is fair d.Common Practices Justice is not the predominant force in determining foreign policy.

Philosophical Roots of Law Where does it originate? 1)External roots a.Ideological/theological school b.Naturalist school 2)Internal roots (positivist): Comes from within a society

How International Law is Made Domestically, law is made through constitutional provisions, common law and equity. International treaties are the primary source of international law which codify policies.

How International Law is Made Treaties are supposed to be binding in all countries who sign them. If not, can be nullified. First way that international laws are made. If many agree, then policy gains system-wide legitimacy.

How International Law is Made International Custom second most important source of international law. Example: Territorial waters expand 3 miles beyond borders. Sometimes customs are codified. (Example: Vienna Convention on Diplomatic Relations)

How International Law is Made General Principals of Law are the 3 rd source of international law. International Court of Justice uses Vague Based on external sources of law such as freedom of religion and freedom from attack. Example: Milosevic and torture

How International Law is Made Judicial decisions and scholarly writing are 4 th means International representative assemblies 5 th way

Compliance with the Law Mostly voluntary Coercion A state can ignore international opposition and international law if very powerful

Enforcement of Law Neither law enforcement nor sanctions well- developed at international level Possible ways: 1.Military 2.Indictments 3.Diplomatic Sanctions

Settling Disputes Methods of settling disputes 1.Bargaining between Adversaries 2.Adjudication (arbitration) 3.Mediation/conciliation through neutral parties

Adjudication International Court of Justice (ICJ) associated with United Nations Regional courts International tribunals Jurisdiction of above courts: sovereignty a barrier, clauses in treaties to commit

Effectiveness of International Courts Jurisdictional limits Lack of enforcement Not irrelevant b/c can influence policy and public opinion and findings can resolve issues among IGOs Countries using more as numbers of IGOs grow

States, War & International Law Where international law begin Covers state vs state and internal conflicts too Defines legitimate warfare Standards of war are rooted in Western- Christian tradition (St. Augustine and St. Thomas Aquinas) Standards vague and controversial

Just Causes of War Also known as, jus ad bellum WWII war crime tribunals helped lead to codification Establishment of International Criminal Court (ICC)—doesn’t define aggression but states it will follow United Nations Charter Jus Ad Bellum not full precise

Just Conduct of War Not clearly defined but the Hague Conferences and Geneva Conferences helped define rules about permissible weapons, treatment of prisoners, and other matters. How to gauge proportionality of behavior?

Application of International Law 1.Post WWI Tribunals 2.Current International Tribunals 3.International Criminal Court

Human Rights Issues A right is a justified claim to something. What justifies claiming a right? Where does it come from? Is it universal?

Universalists Believe that all humans possess the same rights and that they are immutable. Rights originate from outside society and borders. Nature of human existence Rights people inherently possess

Relativists Believe that rights are relative to culture. Product of a society’s values No single standard should apply. Rights are not timeless but change with the times.

Human Rights & International Relations Relativists assert that trying to impose standards on the world stage equals cultural imperialism. Universalists argue that the above is a way to justify the unjustifiable.

Human Rights Problems Death Penalty Situation in Iraq Genocide Poverty Child Labor

Human Rights Progress United Nations the center of Human Rights issue. Universal Declaration of Human Rights European Court of Human Rights and other Commissions The claim that cultural standards differ = what is a human rights violation in one country is acceptable in another.