Chapter 8

International LawAnd

Human Rights

International Law

• Anarchic System• Primitive and evolving process• No formal rule-making process• No police• No courts• But does exist

International Law

• Began with growth of state system and need for regulation of relations

• Base formed from Holland’s Hugo Gotius De Jure Belli et Pacis

• Globalization has expanded need for international law

Practice of International Law

• Most effective in governing the rapidly expanding range of transnational functional relations (trade, diplomatic rules, communications)

• Least effective with high-politics (security)

Fundamentals of International Justice

• Concepts of Behavior originate from:a.Religionb.Secular ideologiesc.Standards of what is faird.Common Practices• Justice is not the predominant force in

determining foreign policy.

Philosophical Roots of Law

• Where does it originate?1)External rootsa.Ideological/theological schoolb.Naturalist school2)Internal roots (positivist): Comes from

within a society

How International Law is Made

• Domestically, law is made through constitutional provisions, common law and equity.

• International treaties are the primary source of international law which codify policies.

How International Law is Made

• Treaties are supposed to be binding in all countries who sign them. If not, can be nullified. First way that international laws are made.

• If many agree, then policy gains system-wide legitimacy.

How International Law is Made

• International Custom second most important source of international law.

• Example: Territorial waters expand 3 miles beyond borders.

• Sometimes customs are codified. (Example: Vienna Convention on Diplomatic Relations)

How International Law is Made

• General Principals of Law are the 3rd source of international law.

• International Court of Justice uses• Vague• Based on external sources of law such as

freedom of religion and freedom from attack.• Example: Milosevic and torture

How International Law is Made

• Judicial decisions and scholarly writing are 4th means

• International representative assemblies 5th way

Compliance with the Law

• Mostly voluntary• Coercion• A state can ignore international

opposition and international law if very powerful

Enforcement of Law

• Neither law enforcement nor sanctions well-developed at international level

• Possible ways:1.Military 2.Indictments3.Diplomatic Sanctions

Settling Disputes

Methods of settling disputes1.Bargaining between Adversaries2.Adjudication (arbitration)3.Mediation/conciliation through neutral parties

Adjudication

• International Court of Justice (ICJ) associated with United Nations

• Regional courts• International tribunals

• Jurisdiction of above courts: sovereignty a barrier, clauses in treaties to commit

Effectiveness of International Courts

• Jurisdictional limits• Lack of enforcement• Not irrelevant b/c can influence policy and

public opinion and findings can resolve issues among IGOs

• Countries using more as numbers of IGOs grow

States, War & International Law

• Where international law begin• Covers state vs state and internal conflicts too• Defines legitimate warfare• Standards of war are rooted in Western-

Christian tradition (St. Augustine and St. Thomas Aquinas)

• Standards vague and controversial

Just Causes of War

• Also known as, jus ad bellum• WWII war crime tribunals helped lead to

codification• Establishment of International Criminal Court

(ICC)—doesn’t define aggression but states it will follow United Nations Charter

• Jus Ad Bellum not full precise

Just Conduct of War

• Not clearly defined but the Hague Conferences and Geneva Conferences helped define rules about permissible weapons, treatment of prisoners, and other matters.

• How to gauge proportionality of behavior?

Application of International Law

1. Post WWI Tribunals2. Current International Tribunals3. International Criminal Court

Human Rights Issues

• A right is a justified claim to something.• What justifies claiming a right?• Where does it come from?• Is it universal?

Universalists

• Believe that all humans possess the same rights and that they are immutable.

• Rights originate from outside society and borders.

• Nature of human existence• Rights people inherently possess

Relativists

• Believe that rights are relative to culture.• Product of a society’s values• No single standard should apply.• Rights are not timeless but change with

the times.

Human Rights & International Relations

• Relativists assert that trying to impose standards on the world stage equals cultural imperialism.

• Universalists argue that the above is a way to justify the unjustifiable.

Human Rights Problems

• Death Penalty• Situation in Iraq• Genocide• Poverty• Child Labor

Human Rights Progress

• United Nations the center of Human Rights issue.

• Universal Declaration of Human Rights• European Court of Human Rights and other

Commissions• The claim that cultural standards differ = what

is a human rights violation in one country is acceptable in another.