1. International Law and Organizations
Do international laws and international institutions actually affect how states act? Do they wield any power and influence over states? Do they have power? Can they make states do something they would not do on their own? Do they wield significant soft power? Are they necessary for understanding how states act in the international system?
Remember that liberal institutionalism says that we can mitigate conflict and that Security Dilemma we have discussed so much, by the creation and strengthening of international institutions. Institutions, like the IAEA or the World Bank or the World Health Organization or WTO or the UN can help states achieve over come distrust and uncertainty realize mutual gains- say liberals.
Realists, of course, say that institutions and any “laws” those institutions create don’t really constrain states actions. If a state wants to do something –such as take over Crimea- and it has the power to do so---it will. An international law or norm that says that you can’t violate a sovereign nation won’t stop /constrain a state from doing something that is in its self-interest and that it has the power to do. In the end, say Realists, there is nothing but the hard power of another state that cares enough to stop it.
So, what would it take to convince you that international law and organizations matter?
Certainly if we can find evidence that states abide by an international law that they don’t want to abide by (and have the power to be able to ignore it)would be score one for liberal institutionalism….
But we should also look for more nuanced effects of IL on state behavior. If international institutions are completely meaningless, as portrayed by hard core realists, why do states spend time, energy, money in creating them? States apparently often see it in their interest to create institutions and laws—we need to understand why they do this if we are going to understand the effect of IL and IGOs on world politics.
The Promise of Liberal Institutionalism

2. Your task for this lecture…
Identify at least one piece of evidence to support the argument that international law doesn’t matter for explaining state behavior (e.g. evidence that the world is governed by realpolitik)
Identify at least one piece of evidence to support an argument that international law does in fact constrain or affect how states act.

3. The Purpose of Laws and Institutions
Think about the purpose of laws in our own country
A fundamental reason we consent to be governed by laws and institutions is to overcome collective action problems in order to achieve public goods.
Public goods:
Examples: public roads and transportation, public schools, food safety, national defense, preservation of natural resources….
Public goods are goods that are non-excludable and non-competitive. The good, once attainted, is available to everyone—no one can be excluded from enjoying it once it is attained. Non-competitive—one person’s enjoyment of the good does not diminish another person’s enjoyment—example: clean air.
We all want roads, public schools, food that is not poisoned etc. Unless we consent to a be governed by institutions that are going to enforce that everyone pays for these public goods---no one is going to contribute to them.
The difficulties that we face when we try to achieve a public good is called the collective action problem.

4. Collective Action Problem
Individuals are unlikely to contribute resources (money, time, etc.) to the attainment of a common good (even if they really want that good to be attained) unless they know that everyone else will contribute as well. If you can’t be sure that others will contribute, it is doesn’t seem rational for you to contribute or try to solve the problem on your own. Being a free-rider can seem most rational.
How do our domestic legal institutions help overcome this free-rider problem?
-Example, we pay taxes to pay for the public goods because there are institutions that ensure (and enforce the law) that everyone pays taxes.
You and everyone in your neighborhood might believe that a neighborhood watch group would really help reduce crime. But it is difficult to get people to volunteer their time and energy and resources to start a neighborhood watch group because each individual is thinking---if I volunteer my time and efforts and no one else does –I can’t achieve results on my own. Moreover, ir others get a watch group together and reduce crime , I get to enjoy a safer neighborhood anyway. Because individuals calculate the costs and benefits this way, getting people to act collectively for the attainment of a public good is challenging.
And even more challenging as the group of affected people is bigger and as the scale of the collective good moves from a neighborhood, to a city, to a state, to the global level.

5. Now let’s think about how this applies to international laws and organizations…..

6. Global “Public Goods”
What are some of the things that states might want to work together to achieve?
Just a Few Examples:
Clean and healthy global environment/ sustainable ecosystems
Efficient systems for global commerce--Economic exchanges that increase economic prosperity
Safe airways for international travel
Eradication of diseases and epidemics that cross borders— improved global health
Peace—collective security
States want global public goods internationally---
We want to be able to trade in ways that increases prosperity
We want to address global health epidemics
We want to be able to combat global hunger
We want to be able to address environmental problems that cross borders
We want to effectively manage refugee flows and regular old inter-state travel
We want to reduce war and violence and increase peace and security

7. Liberal institutionalism argues that international law and international institutions can help states work together to achieve common goals (public goods).
How? They help reduce uncertainty and help states know that the others are living up to their end of a bargain.
Remember that Prisoners Dilemma---You want to avoid being “the sucker”---someone who is cooperating, while the other state is defecting.
Institutions can help monitor and provide information about what the other state is doing so that it becomes more rational for states to cooperate with each other for mutual benefit.

8. Types of IGOs Global, general purpose IGOs Regional IGOsUN
Regional IGOs
Organization of American States (OAS), African Union (AU), European Union (EU)
Functional IGOs
OPEC, International Whaling Commission
IGOs---organizations in which states are the members
Different than NGOs.
IGOs are created to deal with a wide range of interests that are shared across states.
Perhaps the most well-known international institutions is the UN. This is the largest IGO---with all recognized sovereign states have automatic membership.
But there are also regional level IGOs that aim to help a group of states that are connected geographically and share interests as neighbors. The most developed regional organization is the EU. This IGO have evolved into a very cohesive international institutions with a common currency and an array of rules and regulations that are regularly abided by states with membership in the EU. Individual states that compose the EU have actually surrendered a great deal of sovereignty to the EU to make legislation that states actually follow. They have surrendered power to a European Court of Justice that makes decisions that states with membership actually adhere to.

9. Purpose of the United Nations
Established after WWII to achieve the global public good of international peace and security
Collective security: An approach to security in which states agree to act collectively to repel aggression- The idea is that an attack on one is an attack on all
The UN now address a broad array of other issues beyond tradition security issues
In what is now called security studies– scholars examine food security, education, environmental security. The idea of security has broadened significantly since the end of WWII.

10. Structure of the UN Secretariat (Currently: Sec. General Ban Ki Moon)
Security Council
Perm 5 (United States, Russia, China, Great Britain, France)
10 rotating members
General Assembly (192 member states)
Economic and Social Council
International Court of Justice (ICJ or World Court)
The UN was established to achieve the global public good of collective security. The idea was to build an institutions that could ensure the principle that an act of aggression against one state was an act of aggression against all states.
5 principle organs of the UN
The security council—primary responsibility to maintain international peace and security
Composed of 5 permanent members United States, China, Russia, Great Britain and France and 10 rotating members serving two year terms. For a measure to pass the SC need 9/15, including all 5 of Perm-5 to be on board. Great power unanimity principle: the logic underlying the UN Security Council veto: that to be effective, the SC needs all the great powers on board.
General assembly states—one state, one vote---based on the idea of sovereign equality---serves as a forum and issues non-bind resolutions
The Secretariat—bureaucratic-- arm of the UN---about 9000 employees who carry out day to day activities and provide admin. Support—headed by the sec. general who is authorized to bring issues before the security council
Economic and Social Council—coordinates and oversees the UN economic and social programs such as the WHO and IMF and World Bank
ICJ—the ICJ decisions are technically supposed to be enforced (through Chapter 14 of the UN Charter) by the security council….but the loophole is that there is a clause which says –if the security council deems it necessary---and here you have the problem of the veto. Between 1946 and 2008—the veto was used 263 times

11. The Secretariat Bureaucratic arm of the UN
9,000 employees to carry out day-to-day activities
Secretary General: Ban Ki Moon
Can bring issues before the Security Council and utilize soft power to persuade and pressure states to resolve global issues

12. The Security Council
Has authority (Chapter VII of UN Charter) to use force to reduce threats to international security
15 member countries
Permanent 5 (United States, Russia, United Kingdom, China, France) + 10 rotating members
Perm 5- have veto power—any one of the perm 5 can stop a resolution by veto
For a measure to pass the SC there must be 9 votes (including all of Perm-5 to be on board)
Very rare of security operations to be passed because of veto power of the perm 5.
Great power unanimity principle: the logic underlying the UN Security Council veto: that to be effective, the SC needs all the great powers on board.

13. The General Assembly 192 member states
Based on the principle of sovereign equality of states
Serves as a forum and issues non-binding resolutions

14. Economic and Social Council
54 member countries, elected for 3 year terms
Coordinates and oversees UN’s major economic and social programs
Oversees work of important affiliated institutions
World Health Organization
World Bank

15. ICJ 15 elected judges Two primary functions:
Issue advisory opinions at request of the SC (example: Kosovo’s independence)
Decide contentious cases between states
Advisory opinions are not legally binding on anyone—Kosovo declared independence from Serbia---SC sought clarification on legality of this---ICJ said it was legal---provided noramtive and symbolic strength to the cause of Kosovo’s independence

16. An essential difference between domestic and international legal systems….
The ICJ lacks compulsory jurisdiction
Important to note that in international law, jurisdiction is always by consent
States choose to participate in court proceedings and choose whether or not to abide by ruling

17. How is international law made?
Treaties
Multilateral “norm-making treaty”
Example: Nuclear non-proliferation treaty
Bilateral
Binding on contracting parties
International Custom
Generally recognized principles by nations
Judicial decisions
Treaties are the most formally codified form of international law---
Multi-lateral treaties such as the Nuclear non-proliferation treaty are meant to establish norm. When many states are signatories are members of a treaty it can put pressure on non-signatories.
The united states has not ratified Kyoto Protocol to reduce greenhouse emissions, so it is not legally bound by the treaty.
States are not forced into treaties---they join by consent---why would they do this?
Custom—behavior that has been established through practice and has come to be expected as how things should be done. Treating embassies as inviolable. Some laws evolve out of practice and later become codified into treaty
Is international law meaningless?
We have a law that it is illegal to make and sell meth---does this happen? Lots of laws are broken daily, hourly, by the minute—does this mean we have a weak legal system? Just because we see example of sovereignty being violated, does it mean that there is not some kind of working international legal system is meaningless?

18. How are laws adjudicated?
International Court of Justice (World Court)
International Criminal Court
cpi.int/en_menus/icc/Pages/default.aspx
World Trade Organization
ICJ- World Court-general purpose court—Located in the Hague and part of the UN system, any member that is a member of the UN is a party to the World Court. 15 judges, elected by GA and SC, serve 9 year terms.
Provides advice---which no one need heed—but offers opinion to clarify laws. Examples; Court ruled that Israel’s building of a wall in the Occupied Palestinian Territory was not legal. Also ruled that Kosovo’s declaration of independence from Serbia was legal.
Also the court decides contentious cases between states---decisions are considered legally binding---must be a recognized sovereign state to bring a contentious case to ICJ----but requires consent of the parties involved.
How does the court get jurisdiction over a case?
Special agreement—parties to a dispute agree to let the court decide (usually if outcome does not have to do with vital security interests and if the outcome is uncertain)
Treaties—some treaties include a clause that says the jurisdiction will be given to the court to resolve disputes relating to that treaty---Chemical Weapons Convention, Convention on Genocide, Convention on Climate Change
Optional clause---states can agree to compulsory jurisdiction –66 states have signed this option clause—but have put in loopholes.

19. Consider these cases… United States versus Iran (1979-1981)
Nicaragua verses the United States ( )
What do these cases say about the power of international law to influence state behavior?
The U.S. versus Iran ( ) and Nicaragua v. the United States ( )
U.S argued that Iran was in violation of international law in taking hostages at U.S. embassy---Iran did not comply with ruling
Nicaragua argued that the United States was in violation of international law because it was involved in covert operations to destabilize the Sandinista government.
The World Court lacks the ability to enforce its decisions and even lacks the ability to compel states to participate in court proceedings.

20. How are laws enforced? Some laws are “self-enforcing” Reprisals
Enforcement Mechanisms available to the UN
Security Council Operations to Enforce Law and Order under Chapter VII of UN Charter
North Korea’s invasion of South Korea (1950)
Iraq’s invasion of Kuwait (1990)
Peacekeeping missions—16 current missions
A future for peacemaking missions?
making
Only two collective security operations have occurred---UN backed support to defend South Korea and the 1991 Iraq war
PEACEKEEPING operations have been much more common, by comparison to collective security operations---once a political settlement has been brokered or a stalemate has been reach, peacekeepers can be sent in to help monitor and keep the peace
Peacekeeping versus peace making in Rwanda—
Weakness of peacekeeping---lightly armed and sent in by countries who have not a lot of political will to be able to sustain causalities to their nationals---so in Rwanda when Belgian peacekeepers were slain, the UN evacuated all westerners and curtailed the UN mission, leaving Tutsi to fend for themselves.

21. Growing Importance of IL and IGOS?
The number of cases brought to the ICJ is increasing.
There has been a proliferation in the number of IGOs around the globe.
Does this mean international law and organizations are becoming more important for explaining world politics?

22. Two key reasons why do states follow international law and norms?
Reciprocity principle: They want other states to follow the law too. “You scratch my back and I’ll scratch yours”. States often recognize that it is in their long-term interest to abide by rules and laws. Even if they have to take a short term ‘hit’, they reason that- in the long run- having those laws in place benefit them. States follow the rules so not to undermine laws that they feel benefit their long term interests.
Fear of reprisals: For example, neither side used chemical weapons in WWII was not because anyone could enforce the treaty banning such weapons. It was that the other side would probably use such weapons and the cost would be too high. Another example, states that don’t follow the rules can face economic sanctions. States don’t want to be excluded from the benefits of international trade and commerce.

23. Climate Change: A Global Challenge
This is an issue area where there is a clear need for international cooperation through international law and international organizations
Consider the “tragedy of the commons”
The challenges of international cooperation around climate change are exemplified in the difficulties facing: The Kyoto Protocol
Tragedy of the commons---The tragedy of the commons is a dilemma arising from the situation in which multiple individuals, acting independently and rationally consulting their own self-interest, will ultimately deplete a shared limited resource even when it is clear that it is not in anyone's long-term interest for this to happen.
In England there were spaces called commons where farmers were permitted to let sheep and cattle graze, but when it wasn’t regulated by law and institutions what happens? Even though farmers individually knew that over-grazing would deplete the commons to a point where it could not re-generate, no individual farmer has an rational incentive to limit the amount of grazing of his heard on the commons.

24. UN Failures
Somalia
Rwanda
Bosnia
Darfur
Syria

25. A critical issue to consider…
The democratic deficit: International institutions are biased in favor of powerful states and elites that are often not directly accountable often make decisions
When examining international institutions it is important to consider who is being represented? Whose voices are heard? Whose voices are silenced or marginalized?
There have been and continue to be efforts by the Global South to have their voices heard and interests represented in international institutions:
NIEO
An argument to consider: International institutions are certainly biased in favor of those with the hard power, but at the same time they may also open opportunities/forums for voices of less powerful and marginalized states to assert issues on to the international agenda.
The New International Economic Order (NIEO) was a set of proposals put forward during the 1970s by some developing countries through the United Nations Conference on Trade and Development to promote their interests by improving their terms of trade, increasing development assistance, developed-country tariff reductions, and other means. It was meant to be a revision of the international economic system in favour of Third World countries, replacing the Bretton Woods system, which had benefited the leading states that had created it–especially the United States.

26. Reform the UN? Reform veto power of Security Council?
Expanding membership of the Security Council?
A standing army?

27. Lessons from U.S. invasion of Iraq?
U.S. flouting of the UN in 2003 in favor of unilateral decision making
“If the United Nations doesn’t have the will or courage to disarm Saddam Hussein and if Saddam Hussein does not disarm, the United States will lead a coalition to disarm [him]”—GWB

28. A question for discussion…
Consider the U.S. decision to flout the UN in its decision to invade Iraq in 2003 as well as the aftermath of this decision. What does this decision and its aftermath say to you about the strength of international law and international institutions?
Do you believe that international institutions and laws will be more important or less important in the future? Why or why not?

29. A concluding thought…
Perhaps we should not be asking is Realism the best paradigm or is Liberalism the best paradigm…..
Maybe a better question is:
Under what conditions is cooperation possible and under what conditions is it less likely?