2.  Derives not from the actions of a legislative branch or other central authority, but from tradition and agreements signed by states.  Differs in  Difficulty of enforcement, which depends on reciprocity, collective action, and international norms

3.  Treaties and other written conventions signed by states are the most important source.  Are binding on successor governments regardless of that government’s circumstances  Pacta sunt servanda  UN Charter; The Convention on the Prevention and Punishment of Genocide (1948)  Custom is the second major source of international law.  Law of the Sea  Vienna Convention on Diplomatic Relations (1961)  Great Principles of Law  Jus gentium (the law of peoples)  “general principles of law recognized by civilized nations” (definition by ICJ) Pearson Education, Inc. publishing as Longman © 2010

4.  Legal scholarship is a fourth source.  Judicial Decisions and Scholarly Writings  International Representatives Assemblies are considered a newly emerging source of international law, though controversial. Example: UN General Assembly Pearson Education, Inc. publishing as Longman © 2010

5.  International law is much more difficult to enforce.  Depends heavily on the reciprocity principle.  States also follow international law because of the general or long-term costs that could come from disregarding international law.  If a state breaks an international law, it may face a collective response by a group of states, such as sanctions.  One great weakness: depends entirely on national power; does the aggrieved state have the capability to punish violator? Pearson Education, Inc. publishing as Longman © 2010

6.  Rudiments of a general world legal framework found here  Also called the International Court of Justice  Jurisdiction limited and caseload light  Only states can sue or be sued in the World Court.  Is a panel of 15 judges elected to 9-year terms by a majority of both the Security Council and the General Assembly. Pearson Education, Inc. publishing as Longman © 2010

7.  Meets in The Hague, the Netherlands  Great weakness  States have not agreed in a comprehensive way to subject themselves to its jurisdiction or obey its decisions.  Only a third have signed the optional clause in the treaty agreeing to give the Court jurisdiction in certain cases.  Main use of the World Court now is to arbitrate issues of secondary importance between countries with friendly relations overall. Pearson Education, Inc. publishing as Longman © 2010

8. Pearson Education, Inc. publishing as Longman © 2010

9.  A party with a dispute that crosses national borders gains several advantages by pursuing the matter through the national courts of one of the relevant states.  Judgments are enforceable.  Individuals and companies can pursue legal complaints through national courts, whereas in most areas of international law, states must themselves bring suits on behalf of their citizens.  There is often a choice of more than one state within which a case could legally be heard; one can pick the legal system most favorable to one’s case. Pearson Education, Inc. publishing as Longman © 2010

10.  U.S. is a favorite jurisdiction within which to bring cases for two reasons:  U.S. juries have a reputation for awarding bigger settlements.  Because many people and governments do business in the U.S., it is often possible to collect damages awarded by a U.S. Court.  Extradition  Immigration law Pearson Education, Inc. publishing as Longman © 2010

11.  Bedrock of international law is respect for the rights of diplomats.  Diplomatic recognition  Credentials  Diplomats have the right to occupy an embassy in the host country as though it were their own state’s territory.  Diplomatic immunity  Espionage Pearson Education, Inc. publishing as Longman © 2010

12.  Diplomatic pouches  Breaking diplomatic relations  Interests section  When two countries lack diplomatic relations, they often do business through a third country willing to represent a country’s interests formally through its own embassy.  Recalling their ambassadors  Consultation and formal complaints  Terrorism – in this context the law of diplomacy is repeatedly violated  Tempting targets for terrorists Pearson Education, Inc. publishing as Longman © 2010

13.  International law distinguishes just wars (wars that are legal) from wars of aggression (which are illegal).  Today, legality of war is defined by the UN Charter, which outlaws aggression but allows “international police actions.”  Strong international norm  States have a right to respond to aggression.  This is the only allowable use of military force according to just-war doctrine.  Just-war approach explicitly rules out war as an instrument to change another state’s government or policies, or for ethnic and religious conflicts. Pearson Education, Inc. publishing as Longman © 2010

14.  The idea of human rights flies in the face of sovereignty and territorial integrity.  Consensus on the most important human rights also lacking.  Rights are universal versus relative Pearson Education, Inc. publishing as Longman © 2010

15.  Concept of human rights comes from at least three sources  Religion  Political and legal philosophy  Theory of natural law and natural rights (political revolutions brought theory to practice) Pearson Education, Inc. publishing as Longman © 2010

16.  No globally agreed-upon definitions of the essential human rights exist.  Often divided into two broad categories:  civil-political “negative rights” – free speech, freedom of religion, equal protection under the law, freedom from arbitrary imprisonment  economic-social “positive rights” – rights to good living conditions, food, health care, social security, and education Pearson Education, Inc. publishing as Longman © 2010

17.  Universal Declaration of Human Rights (UDHR)  Does not have the force of international law  Does set forth international norms  Since its adoption, the UN has opened 7 treaties for state signature to further define protections of human rights.  Two important treaties: International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights  Convention Against Torture (CAT), 1987 Pearson Education, Inc. publishing as Longman © 2010

18.  Convention on Rights of the Child (CRC),1990  Every country except Somalia and the U.S. has approved it  Role of IOs in protecting human rights  Today, NGOs play a key role in efforts to win basic political rights in authoritarian countries  Amnesty International  Publicity and pressure Pearson Education, Inc. publishing as Longman © 2010