1. Chapter Five © 2012 Pearson Education

2. International Law and Organization: The Promise of Liberal Institutionalism Abba Eban, 1957 “International law is that law that the wicked do not obey and the righteous do not enforce.” UN International Law Commission, 1949 “Every State has the duty to conduct its relations with other States in accordance with international law and with the principle that the sovereignty of each State is subject to the supremacy of international law.” © 2012 Pearson Education

3. International Law and Organization: International Law and Organization: The Promise of Liberal Institutionalism International Law-Making Hugo Grotius (1583–1645) – “Grotian notion of the ocean” – On the Law of War and Peace – International legislative body Closest approximation: United Nations General Assembly Limited authority: Article 13 Treaties – Most important source of international law – Multilateral treaties – often intended to create norms – Bilateral treaties – basically contractual – International legal principle of pacta sunt servanda (“treaties must be respected”) – Formal treaty reservations (law of consent) International Custom – Based on long-established norms of state behavior Other Sources of International Law – “Gap-fillers” – Rulings of the World Court Realists and liberals part company in how they assess progress in overcoming anarchy via the creation of a system of international law and a set of international organizations that can promote order and cooperation in world politics. Realists are skeptical, while liberals are more optimistic. © 2012 Pearson Education

4. International Law Adjudication An effective legal system not only requires a set of laws in advance but a system of courts that can apply those laws. In the international legal system, issue-specific institutions adjudicate some cases: – International Criminal Court – World Trade Organization – International Court of Justice Also known as “World Court” Global court with responsibility for resolving disputes among states under international law © 2012 Pearson Education

5. Structure And Functions of the ICJ World Court created after WWII – Successor to the Permanent Court of International Justice – Located in The Hague – Part of the United Nations system; near virtual membership – Has 15 judges, elected by state parties, who serve nine-year, renewable terms Judges are to act as impartial jurists, not representatives of their state. – Has two primary functions Can issue advisory opinions on matters of international law Can hear and decide contentious cases between states involving matters of international law – Lacks the power of compulsory jurisdiction – States consent to jurisdiction through “special agreement,” via treaties, via formal declaration of acceptance of Article 36 of the Charter of the International Court of Justice © 2012 Pearson Education

6. The Impact of the ICJ World Court’s dependence on the voluntary acquiescence of states to its jurisdiction is a weakness – Case of U.S. relationship with the World Court Illustration of problematic nature of jurisdiction by consent approach United States v. Iran (1979–1981) Nicaragua v. the United States (1984– 1991) – Lack of enforcement – Despite the weaknesses, states do bring cases to the World Court Must see some purpose and value in doing so – Since 1990, it has adjudicated 58 cases, with 16 pending as of 2010. Cases can influence world opinion and serve as basis for action by other UN bodies, such as the Security Council. © 2012 Pearson Education

7. International Law Enforcement Enforcement via self-help – Voluntary respect for the law Constructivists would argue states follow widely accepted norms to avoid harming their reputation. Also deterred from violating the law by the prospect of reprisals – But more powerful actors can potentially withstand the threat of reprisals and contemplate illegal activity. – Solution: for a powerful state to take on the enforcement role Must possess three key attributes: 1) the capability, rooted in economic and military might, 2) a commitment to those rules in the belief that they serve the state’s interest, and 3) the will to act when necessary. Hegemonic stability theory Scholars debate whether this is an effective model for promoting international law as opposed to a system supporting the interest of the hegemon. © 2012 Pearson Education

8. The Role of International Organizations Three basic types of IGOs 1.Global, general-purpose IGOs – Ex. United Nations 2.Regional IGOs – membership regionally constrained – Exs. Organization of American States (OAS) and African Union (AU) 3.Functional IGOs – facilitate achievement of some designed goal – Exs. Organization of Petroleum Exporting Countries (OPEC) IGOs can help mitigate anarchy – Provide forum for negotiation – Help pool capabilities to address global challenges Closely linked with the development of international law International organizations are voluntary associations created to achieve a common purpose and with a membership that extends beyond the borders of a single state. Types of IOs: Intergovernmental organizations (IGOs) Nongovernmental organizations (NGOs) Differences between the two types of organizations Membership Importance of state interests © 2012 Pearson Education

9. Nongovernmental Organizations (NGOs) NGOs are organizations that are established and that operate independent of the formal control of governments. – The number of NGOs has grown dramatically in recent decades. NGOs use multiple tactics to achieve objectives. – Direct assistance to communities and individuals in need – Monitor and publicize the actions of governments – Lobby states to influence policy outcomes Constructivist, liberal, and feminist scholars argue that the strength of NGOs provides evidence that the state-centric view of the world is outdated. NGOs also work closely with IGOs. – NGOs can receive consultative status with the UN. – Number of NGOs with consultative status increased from 724 in 1992 to more than 3000 by 2008. – Together, NGOs and IGOs are central to the emergence and perpetuation of international regimes, a set of principles, norms, rules, and procedures that guide the behavior of states in a specific issue area. © 2012 Pearson Education

10. The United Nations The most important IGO since the end of WWII – Near universal membership (192 member states) – Only global IGO that deals with all matters of international affairs War and peace, the global economy, human rights, environmental management, and global health management Other key agencies are subsumed by the UN (including World Bank, International Monetary Fund, World Health Organization, and the International Atomic Energy Agency). – Only IGO with the authority to use military power to promote global security and to enforce international law. © 2012 Pearson Education

11. The United Nations: Structure Security Council – Primary responsibility for maintaining international peace and security General Assembly – Quasi-legislative organ of the UN, with authority to issue nonbinding resolutions and declarations and to serve as a forum for discussion of international issues. The Secretariat – Bureaucratic arm of the UN; 9,000 full-time employees The Economic and Social Council (ECOSOC) – Coordinates and oversees UN economic and social programs The International Court of Justice – World Court, primary court of the international law Trusteeship Council – Created to supervise UN trust territories and their move toward self-government; suspended in 1994 when last trust territory gained independence © 2012 Pearson Education

13. UN Enforcement of Law and Order Enforcement of ICJ Decisions – Chapter XIV, Article 94 Collective Security – Chapter VII authority – Record has been spotty – Nature of security council vetoes – Iraq and the 1990 invasion of Iraq Resolution 678 Peacekeeping – Differs from collective security; peace enforcement – UN intervenes to maintain a peace already established via political negotiation or military stalemate. – Second-generation peacekeeping, also known as peacemaking, is often used in intrastate conflicts where humanitarian catastrophes are occurring. – Mixed record of success © 2012 Pearson Education

17. Reforming the United Nations Key structural problem is that the UN organ with coercive power (Security Council) is stymied by the veto, and the organ with no veto power (General Assembly) has no coercive authority. – Uniting for Peace Resolution in 1950 addressed this by empowering the General Assembly to act when the Security Council did not. – Successful UN collective security action in 1991 Persian Gulf War – UN Security Council increasingly active in the 1990s – Security Council disagreed over 2003 Iraq invasion – Realist: when great powers disagree, collective security is bound to fail Reform Ideas – The Veto – Security Council Enlargement – Standing UN Army © 2012 Pearson Education

18. Conclusion International law and international organizations like the UN have a role to play in world politics. Both realists and liberal institutionalists seem to agree that these institutions are able to “push states around” a bit. – Liberal view: good; limit misbehavior – Neoconservative view: tie down powerful states and complicate their ability to protect their interests Liberals wish to strengthen institutions. Realists believe they are distractions. © 2012 Pearson Education