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Published byMiracle Helms Modified over 10 years ago
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INTERNATIONAL LAW In a state of anarchy
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Foundation: What is legal - legal system or code What is right - morality or justice
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Relatively New Legal systems evolve/grow, Int’l law is primitive but evolving
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Primitive no legislative body, no code, no process; derived from custom or agreements similar to a tribe no established authority (police) to enforce “self-help” “unpunished lawlessness”
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Modern Law developed from a need, ie; globalization, MNCs, UN, MADD
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Problem moral standards vary; religion, philosophy, culture
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Sources of Law internal; reflect society desires/standards external; ideology or theology
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Sources of Law Int’l treaties Int’l custom Domestic law General principles prior judicial decisions, scholarly writings
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Adherence to Law compliance: coercion by threats or extradition voluntary because members accept it enforcement: self help, no police, peer pressure, ICJ mediation sanctions
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Settlement of Disputes Negotiation/Bargain: bilateral Mediation: by neutral 3 rd party (mideast) Adjudication: formal court process many int’l courts, specialized, ICJ, Criminal court, War Crime
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ICJ: Int’l Court of Justice 15 members, multinational 2 parties must agree to adjudication jurisdiction is questionable willingness to obey court decision is weak
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ICJ, The Hague advocates 15 justices
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Heavy Reading Strategy Summarizer: reword the text Questioner: what questions arise? Etymologist: new vocab words
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