1. Morality, Human Rights, and International Courts Chap 9
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International Law
Morality, Human Rights, and International Courts
Chap 9

2. Terms Legal systems constrain governments Morality
Image source: SJSU, justice department
Terms
Legal systems constrain governments
Domestic = 14th ammendment
International = ?
Code based vs. precedent based
Morality
The questions of “right” vs. Might
Both act to limit power

3. Legal Systems are Dynamic
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Legal Systems are Dynamic
Infancy stage (primitive)
Law may still be only theory (realist approach)
Early focus on war
Grotius ( ): De Jure Belii et Pacis
WWII => just war theories: Michael Walzer
Success =
Functional Relations: trade, diplomacy, communications
Humanitarian, morals, ethics

4. Theory Positivist Naturalist Ideological/Theological
Image source: Vassar College
Theory
Positivist
Law reflects society and its desires
Naturalist
“inalienable” rights from nature
Locke: Two Treatises of Government
Ideological/Theological
St. Augustine on war; Islamic Sharia, Buddhist ideals

5. How Int’l Law is Made: International Representative Assemblies
UN General Assembly
Judicial Decisions and Scholarly Writing
Stare decisis: precedent driven
Judicial review
International Court of Justice
International Custom
International Treaties
Jus gentium: codify (write down)
Pacta sunt servanda (treaties are to be served and carried out)

6. Adherence to Law Enforcement Compliance Central Authorities
Active engagement (peacekeepers)
Sanctions
Self-help (self-defense/sovereignty)
Compliance
Voluntary
Coercion

7. Adjudication of the Law
Efficacy
International Courts
Jurisdiction

8. Impact of ICJ
Countries with a J = that country has a judge on the court
Countries with green = countries affected by the court in that they are involved in a case
Striped = judge and involved in cases