1. International Law and Morality: The Alternative Approach
Chapter 9
International Law and Morality: The Alternative Approach

2. Fundamentals of International Law and Morality

3. The Primitive Nature of International Law
Primitive but evolving system
Rudimentary form of rule-making in which codes derive from custom or agreement
Limited authority to judge or punish violations of the law

4. The Growth of International Law
Its beginning coincides with the origins of the state
Hugo Grotius: "father of international law“
Twentieth century saw the expansion of both concern for and practice of international law in response to increasing international interaction and interdependence

5. The Practice of International Law
Most effective in functional relations that involve low politics (trade, communications, rules of diplomacy)
Least effective in high political issues such as national security
Growing sensitivity to legal standards and growing acceptance of norms of behavior

6. The Fundamentals of International Morality
Ideologies
Growing body of ethical norms
Religion

7. The International Legal System: The Philosophical Roots of Law
External sources
Ideological/theological school of law
Saint Augustine and Saint Thomas Aquinas
Naturalist school of law
John Locke
Internal sources
Positivist school of law: Focus on customs and practice

8. How International Law Is Made
International treaties
International custom
General principles of law
Judicial decisions and scholarly writing
International representative assemblies

9. Adherence to the Law Enforcement Compliance Voluntary Through coercion
Lower level of compliance than in domestic systems but growing
Enforcement
By central authorities (slow to develop)
Through self-help

10. Adjudication of the Law
International courts
World Court (ICJ) and regional courts
Attitudes toward adjudication
Sovereignty remains a substantial barrier
ICJ jurisdiction limited
States can reject court's decisions
States can attach reservations to their agreement
States must agree to be subject to ICJ
Little power of enforcement

11. Use and effectiveness of adjudication
Some modest indicators of growing support for adjudication

12. Applying International Law and Morality

13. Law and Morality
Issues of Cultural Perspective

14. Western and non-Western Perspectives
Western view protects the power of long-dominant states. Order, sovereignty, property rights, and legal processes are emphasized, as opposed to equity and fairness
Non-Western view is that states are not bound by a preexisting system that works to their disadvantage; strong emphasis on sovereignty; rejection of weighted decision-making schemes (such as the Security Council) that favor the wealthy. Emphasis on fairness and equity
Calvo Clause
Western view: Emphasis on rights of individual
Non-Western view: Emphasis on rights of the community

15. Applying International Law and Morality in a Multicultural World
Cultural imperialism

16. Applying International Law and Morality to States
Should states be held to the same standards as individuals?
No: Niccolò Machiavelli
Yes: Thomas Jefferson

17. States and issues of law and morality
Issues of sovereignty
Sovereignty: slowing, ebbing

18. Issues of war Just war theory
Jus ad bellum: War as last resort; declared by legitimate authority; waged in self-defense or to establish/restore justice; fought to bring peace
Jus in bello: Proportionality of force to threat; discrimination (must not make noncombatants intentional targets); law and morality of war remain highly controversial

19. Issues of the biosphere
Obligation of states and individuals to use biosphere responsibly
Law of the Sea Convention
Defines coastal zones, regulates mining and sharing of revenue
Sovereign self-interests versus international common interest

20. Issues of human rights Growth in international attention
Images in media
Efforts of individuals and organizations
Major source of international instability
Gap between legal standards and their application

21. Applying International Law and Morality to Individuals
National enforcement of international law

22. Using national courts to prosecute crimes under international law
Adolf Eichmann
General Augusto Pinochet
Hissene Habre

23. Current international tribunals
Rwanda
Bosnia
Cambodia
Sierra Leone
Kosovo

24. International Criminal Court (ICC)
UN-sponsored ICC
Countries' reservations
Jurisdiction over genocide and a range of widespread and systematic crimes of war
National courts are first point of justice, ICC is court of last resort

25. Law and Morality: Issues of Prudent Judgment and Application
Can ends justify means?
Moral absolutism
Amorality
Moral relativism

26. Should others be judged by own standards?
Divergent values and cultural imperialism
Violation of sovereignty

27. What if moral and legal standards clash?

28. Is it prudent to apply moral and legal standards?
Realist argument about national interests
Stand for what is right
Justice necessary for world survival
Moral prudence: find middle ground between morality and amorality

29. The Future of International Law and Morality

30. Increasing Interaction Creates Increasing Need for Law
Indicators suggest slow but growing respect for international law