International Law & Organization

International Law Broad Definitions

the set of rules generally regarded and accepted as binding in relations between states.

Multilateral treaties

treaties among several nations; often intended to create norms

Bilateral treaties

treaties between two states designed to regulate some aspect of their relationship with one another; legally binding on contracting parties

International Criminal Court Adjudication

tries cases involving violations of human rights law

International Institutions

voluntary associations created to achieve a common purpose and with a membership that extends beyond the borders of a single state

Other Sources of International Law

- "Gap-fillers" or principles fundamental to the legal systems of virtually all states - Rulings of the World Court in regard to how it applies and interprets law (similar to US Supreme Court)

International Law Adjudication

- Adjudication: the act of a court in making an order, judgment, or decree. - An effective legal system not only requires a set of laws in advance but a system of courts that can apply those laws.

International Custom

- Based on long-established norms of state behavior; Every country has its boundaries for allowable behavior, and these boundaries are unwritten but recognized laws. - For example, unarmed fishing vessels not being captured in war

IGOs & NGOs Similarities

- Can help mitigate anarchy - Provide forum for negotiation - Help pool capabilities to address global challenges

Structure of ICJ/World Court

- Created after WWII - Successor to the Permanent Court of International Justice - Located in Hague, Netherlands - Part of the UN system; near virtual membership - Has 15 judges who serve 9 yr. renewable terms - Judges are to act as impartial jurists, not reps of their state

NGO Tactics

- Direct assistance to communities and individuals in need - Monitor and publicize the actions of governments - Lobby states to influence policy outcomes

International Law Characteristics

- Facilitates the practice of stable/organized international relations - Distinct from domestic or national law in the international law mostly concerns states rather than private citizens - International law is consent-based, meaning largely non-binding on states unless states agree for it to binding - Creates issue of state sovereignty

In the international legal system, issue-specific institutions adjudicate in some cases, which are they?

- International Crime Court - World Trade Organization - International Court of Justice (IJC/World Court)

IGOs & NGOs Differences

- Membership - Importance of state interests

Treaties

- Most important source of international law - Multilateral treaties & bilateral treaties - International legal principle of pacta sunt servanda (treaties must be respected) - Formal treaty reservations (law of consent)

Conclusions

- Realists & Liberalists agree that institutions are able to "push states around" - Liberalists wish to strengthen institutions - Realists believe they are distractions

International Law Enforcement via Self-Help

- Voluntary respect for the law; constructivists would argue states follow widely accepted norms to avoid harming their reputation, also deterred from violating the law by the prospect of reprisals. - But more powerful actors can potentially withstand the threat of reprisals and contemplate illegal activity

Functions of ICJ/World Court

1. Can issue advisory opinions on matters of international law - Non-binding, uses political prestige of the court to influence world opinion 2. Can hear and decide contentious cases between states involving matters of international law. - States consent to jurisdiction through "special agreement," via treaties, etc.

Types of IGOs

1. Global, general-purpose IGOs (UN) 2. Regional IGOs: membership regionally constrained (African Union) 3. Functional IGOs: facilitate achievement of some designed goal (Organization of Petroleum Exporting Countries: OPEC)

3 Things International Law Requires to be Effective

1. International Law-Making 2. International Law Adjudication 3. International Law Enforcement

3 Broad Forms of International Law

1. Treaties 2. International Custom 3. Other Sources of International Law

International Organizations (IOs)

IGOs: Intergovernmental Organizations - UN, African Union, NATO, OPEC - 250 in the world today NGOs: Nongovernmental Organizations - International nongovernmental Organizations (INGOs) - Thousands in the international system - Red Cross, Amnesty International, Human Rights Watch

International Regimes

Together, NGOs and IGOs are central to the emergence and perpetuation of international regimes: a set of principles, norms, rules, and procedures that guide the behavior of states in a specific issue area. (E.g.: Nuclear nonproliferation regime)

Impact of the ICJ/World Court

its dependence on the voluntary acquiescence of states to its jurisdiction is a weakness - Case of U.S. relationship w/ World Court - Lack of enforcement - Despite weakness, states do bring cases to ICJ - Adjudicated 58 cases & has 16 pending as of 2010 - Can influence world opinion

World Trade Organization Adjudication

not a court per say but can decide disputes involving international trade law

ICJ/World Court Adjudication

only general purpose, global court with responsibility for resolving disputes among states under international law

Nongovernmental Organizations (NGOs)

organizations that are established and that operate independent of the formal control of governments of states.