1. University of Colorado – Denver
Notes
Windham E. Loopesko
INTB 3000 Fall 2013
University of Colorado – Denver
October 21-24, 2013
Paths to peace
10/21-10/

2. Week 10.1 – International law and organizations as paths to peace
International law – a sizable body developed despite the absence of a central authority
Two types:
Private (commerce, communications, travel)
Public (between governments and organizations – the rest of this lecture)
Looking back on course years from now, quaint -- typewriters and punch cards
Equally valid viewpoints – best run companies have both, American strength
Paths to peace
10/21-10/

3. Week 10.1 – State sovereignty
There is no legal authority above the state; any authority over its actions voluntarily conferred
States have certain rights
Continued existence (the right of self-defense)
Independence (managing affairs w/o interference)
Legal equality with other states
Duties – non-intervention; carrying out obligations (as long as nothing changes )
Paths to peace
10/21-10/

4. Week 10.1 – Limitations of international law
Lack of legislative body making binding rules
Lack of judicial body w/ compulsory jurisdiction to identify breaches and compel enforcement
Absent institutions with enforcement capability, it can become an instrument of the powerful justifying self-help without regard to justice
States observe as long-term interests served by shared expectations and avoiding chaos
Paths to peace
10/21-10/

5. Week 10.1 – The notion of just war
International law does not impose peace. War may be justified in certain circumstances, if
Just cause; the objective is morally good
Right intention -- The war is for good reasons – to correct wrong or establish peace not revenge or malicious motives
Last resort -- All other means of resolving the conflict have been exhausted
Paths to peace
10/21-10/

6. Week 10.1 – Just war 2 More criteria for a just war:
Political proportionality – the harm caused by the fighting must not outweigh the good from the war
Declaration by a legitimate authority – the war must be declared by appropriate leaders (preferably an international organization)
Discrimination – Civilians cannot be targeted
Military proportionality – Destruction must be kept to a minimum
Paths to peace
10/21-10/

7. Week 10.1– Duty to protect
Increasingly, countries feel a duty to stop brutal human rights violations and stop genocide, as
Human rights are an international entitlement
Governments violating human rights lose legitimacy
The international community has a responsibility to halt such violations
The result – sovereignty no longer sacrosanct; war criminals must be brought to justice (ICC)
Paths to peace
10/21-10/

8. Week 10.2 – Liberals and collective security
Liberals who reject the balance of power seek peace through collective security
Collective security – a community of nations united to resist aggression
Collective security came out of World War I; it failed in its first incarnation – the League of Nations, but has been gaining strength since
Paths to peace
10/21-10/

9. Week 10.2 – Elements of collective security
Collective security is based upon the following notions of statecraft:
All threats to peace are a concern to all nations
All states should be members of the collective security organization
Organization members should pledge to resolve disputes through peaceful means
If peace is breach, nations will respond robustly
Paths to peace
10/21-10/

10. Week 10.2 – Collective security and the United Nations
Security Council (15 members, 5 permanent with veto) decides collective security questions
Despite vetoes, the UN is increasingly involved in peacekeeping operations
NATO plays a larger collective defense role
Other regional groups are attracting greater interest
Paths to peace
10/21-10/