INTERNATIONAL LAW

In a state of anarchy

Foundation:

What is legal - legal system or code

What is right - morality or justice

Relatively New

Legal systems evolve/grow,

Int’l law is primitive but evolving

Primitiveno legislative body, no code, no process; derived from custom or agreements similar to a tribeno established authority (police) to enforce

“self-help” “unpunished lawlessness”

Modern Law

developed from a need, ie;

globalization,

MNCs,

UN,

MADD

Problem

moral standards vary; religion,

philosophy,

culture

Sources of Law

internal; reflect society desires/standards

external; ideology or theology

Sources of Law

Int’l treaties

Int’l custom

Domestic law

General principles

prior judicial decisions,

scholarly writings

Adherence to Law

compliance: coercion by threats or extradition

voluntary because members accept it

enforcement: self help, no police,

peer pressure,

ICJ mediation

sanctions

Settlement of Disputes

Negotiation/Bargain: bilateral

Mediation: by neutral 3rd party (mideast)

Adjudication: formal court process many int’l courts, specialized, ICJ, Criminal court, War Crime

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

ICJ, The Hague

advocates

advocates

15 justices

Heavy Reading Strategy

Summarizer: reword the text

Questioner: what questions arise?

Etymologist: new vocab words