Professional Documents
Culture Documents
is growing in power and economic weight India is stronger than at any time in recent history Asia generally is becoming richer and stronger North Korea is still a wildcard and source of tension ASEAN is growing as a regional power
USA
The
Israel: States
its neighbours and the Palestinian problem. have collapsed internally - Somalia and Afghanistan.
Africa
continuing to struggle with itself, let alone the effects of outside influences.
S rh ea j a
Bkt n ea r ia dg ea nn
Ms a i na u
I sud ni s a tt i n M ak a ra s at y HU A UN N BG I T NI N NR S A E AO L C o r e Sj c ue bt A IIT S DN R I MS A D K IA N A EJK NB A PL UI B K ENI KO OM P II OK L T En i ko om Im lu A i i ta d nrs m i s Si l g oo i so P og sl i i o k Gg er oa Ao l g n po t oi r Hu I t rao l u me sn k n ni a O na ras i gi s I t rao l n ni n esa Ptk ua oi Di / l i n I t rao l n ni n esa D k gm i u nI u du l Si ll i n oaa y s na Ptku Ne oi L r e r l i a gi Km n l b e a Ga a n ol a En iPtk k o oi om l i Ga lb ol Hu a unn bg I t rao l n ni n esa K an as wa S rh i l m / e aDoa j a p tk i I t rao l n ni n esa Fup a o sa k d Na er ga P AG A DM RI A P AG A DM RI A
Se i tm s I t rao l n ni n esa
International law
We are concerned with fundamental institutions, of which international law is one of the most important.
6
Peace of Westphalia
Peace of Westphalia
The Thirty Years War 1608-1648 Treaty of Westphalia Munster, Osnabruck October 24, 1648.
Peace Treaty between the Holy Roman Emperor and the King of France and their respective Allies. Peace Treaty between the Holy Roman Emperor and the King of Sweden.
An important part of his influence was the justification of the imposition of Spanish imperial power in America.
Grotius (Huig de Groot) a seventeenth century Dutch lawyer, is considered the founder of modern international law. A diplomat, lawyer, magistrate, scholar, and teacher, Grotius was born in Delft, Holland, on April 10, 1583. In 1598 Grotius received his doctorate at the University of Orleans. Since 1599 he practiced law at the Hague. In 1619, after a Calvinist coup detat Grotius who was a humanist and Dutch patriot and struggled with Calvinism all his life, was arrested, accused of treason and sentenced to life imprisonment at the castle of Loevenstein. In 1621, Grotius, with the help of his wife, escaped from prison and went to Antwerp and later to Paris. In 1634 Grotius was appointed Ambassador of Sweden to France and in 1635 he begun his diplomatic duties in Paris. He helped to negotiate a treaty for ending the Thirty Years War. Grotius died on August 28, 1645 in Rostock, Germany.
21
The most distinctive characteristics of the modern institution of international law are its multilateral form of legislation, its consent based form of legal obligation, its language and practice of justification, and its discourse of institutional autonomy.
23
Theoretical perspectives
A plethora of theories have emerged to explain the nature, function, and importance of modern international law. Realists argue that international law is only important when it serves the interests of powerful states. Yet they struggle to explain how strong states come to be constrained by law, how weak actors can use law to achieve valuable political outcomes, and why we have an ever expanding and complex international legal order, particularly in areas that cannot easily be reduced to the narrow self-interests of powerful states.
30
Theoretical perspectives
Neoliberals explain how self-interested states come to construct dense networks of international legal regimes. The approach is limited, however, by their inability to explain the development of law in areas where the self-interests of states are weak or unclear; by their failure to explain the origins of the modern system of international law; and by their blindness to the way in which international law constitutes the identities and interests of states.
31
Theoretical perspectives
Constructivists treat international law as part of the normative structures that condition state and non-state agency in international relations. Like other social norms, they emphasize the way in which law constitutes actors identities, interests, and strategies. The principal weakness of constructivism, however, is that its account of international law is under specified, particularly in the area of distinguishing social from legal norms.
32
Theoretical perspectives
Critical legal studies concentrates on the way in which the inherent liberalism of international law seriously curtails its radical potential. The problem is, however, that critical legal scholars often fail to recognize the emancipatory effects of international law, particularly the way in which weak actors have been able to use international law to lever genuine reform in their states.
33
Normative Questions
force: the ultima ratio?
the realist view that force is the ultima ratio, the nal arbiter, in world politics. When push comes to shove, whatever nice legalities exist would likely be brushed aside by the powerful actors.
right exists only between equals? can vs. should universal moral values
Just War
why violence will probably never go away as a regulator of human interaction? many accept that force could be legitimately used in some, but not all, circumstances. jus ad bellum are rules that cover justication of war when it is permissible to wage war jus in bello are rules that cover the conduct of war
36
Jus ad bellum
a) just cause
a) b) c) d) economic causes (Marxism)? communist cause (Leninism)? religious causes (Christianity, Islam)? self-defense (U.N. Charter, Article 51)
b) right intention
One unresolved question is whether self-defense includes the defense of ones moral, ethical, or political values, that is, ones way of life, or just physical territory and resources
c) declared publicly by legitimate authority d) reasonable chance of success e) war is last resort (U.N. Article 33)
Jus in bello
a) discrimination
a) who is a civilian? b) is killing civilians never justiable?