POLS CH 4
If a state can voluntarily withdraw from the confines of international law, it is described as___________
Low obligation
What are 3 stages of the norm cycle?
#1) Convince: When norm entrepreneurs actively try to convince a critical mass of individuals in other states to embrace their beliefs. EX: NRA working globally to promote the idea that owning a gun is a natural right #2) Cascade: Occurs as number of adherents passes tipping point which idea gains sufficient support that it becomes standard of of behavior to which others can be held accountable. #3) Internalize: Norm is internalized or widely accepted- they get taken for granted quality that makes conforming automatic. EX: taboo (violence against political prisoners)
What 3 types of norms are there?
1) Constitutive: defines who is a legitimate or appropriate actor under what circumstances. EX: all states have flags, national anthems, when not specifically required to 2) Procedural Norms: defines who decisions involving multiple actors should get made. 3) Regulative Norms: governs the behavior of actors in their interactions with other actors. EX: R2P, election monitoring, nuclear taboo
How do norms influence action?
1) norms persuade actors to redefine interests so they're consistent with norms. 2) TANs monitor state compliance with international norms -- "naming and shaming" those who violate them.
What is cap-and-trade?
A cap and trade system sets limits on emissions which are then lowered over time to reduce pollutants released into the atmosphere. Firms can sell "credits" when they emit less then their allocation or must buy from others when they emit more than their allocation.
What is nontrivial in consumption?
A characteristic of a public good, ice actor;s consumption of the good does not diminish the quantity available for others to consume as well.
What is the International Criminal Court? (ICC)
A court of last resort for human rights cases that possesses jurisdiction only if the accused is a national of a state party, the crime took place on the territory of the state party, or the UN Security Council has referred the case to the prosecutor. - ICC can only act when a state cannot or will not act itself.
Vienna Convention
A framework convention adopted in 1985 to regulate activities, especially emissions of CFCs, that damage the ozone layer.
What are Prisoners of Conscience? (POCS)
A label coined and used by the human rights organization Amnesty International to refer to individuals imprisoned solely because of the peaceful expression of their beliefs.
What are transnational advocacy networks (TANs)? How do they work?
A set of individuals and nongovernmental organizations acting in pursuit of a normative objective. - sets of activists allied in the pursuit of a common normative objective, including (in the contemporary era) human rights, the environment, social justice, women rights, and abortion rights. TAN's work to promote a specific norm for the world to adopt and they are a type of norm entrepreneur. In addition to changing conceptions of interests, TANs facilitate cooperation between states by providing information about international agreements and monitoring compliance. Reflective in international law and norms. They promote a cause and get a community to pay attention to it. They work hard to make the issue matter to the public. They are essential for spreading norms throughout the international system. Also known as norm entrepreneurs. An example in the book in the (ICBL) a group committed to banning land mines. They called attention to an issue and made people around the globe show support. In doing so more than 162 states have banned landmines. Only 35 have not.
What region of the world is the least green, according to the 2006 Environmental Performance Index?
Africa
Which of the following is a human rights NGO?
Amnesty International
What is the Kyoto Protocol?
An amendment to the UN Framework Convention on Climate Change, adopted in 1997, and entered into force in 2005, that establishes specific targets for reducing emissions of carbons and nice other greenhouse gases.
What is the Framework Convention on Climate Change (FCCC)
An international agreement enacted in 1922. and entered into force in 1994- that provided an overall framework for intergovernmental efforts on climate change.
Montreal Protocol
An international treaty signed in 1989 that is designed to protect the ozone layer by phasing out the production of a number of CFS's and other chemical compounds.
In general, what is the relationship between per capita income and environmental performance?
As income increases, performance increases.
What is a non-excludable good?
Characteristic of a public good: if the good is available to one actor to consume, then other actors cannot be prevented from consuming it as well.
What is overexploitation?
Consumption of a good at a rate that is collectively undesirable, even if it is efficient from the view of any single actor.
What is the clash between development and environmental protection?
Environmental protection makes development more difficult.
Which of the following rights is specified in the International Covenant on Civil and Political Rights?
Freedom of expression
What tensions exist between different types of international laws?
Hard and soft laws\]=- Hard law--obligatory, precisely defined, delegates substantial auth to 3rd parties, particularly int courts Soft law--aspirational, ambiguous, and does not delegate to significant powers Most countries use soft laws bc easier to achieve and more flexible, infringes less on state sov, and facilitates compromise
Which of the following is not part of the International Bill of Human Rights?
ICC
How can soft laws turn into hard laws?
If it creates. framework for continuing negotiations.
What are norm entrepreneurs?
Individuals and groups who seek to advance principled standards of behavior for states and other actors.
How do International Treaties work?
International Treaties are negotiated and then are ratified by states, then the agreements must then be ratified by each member state in accordance to its provisions.
What is customary international law?
International law that usually develops slowly, over time, as states recognize practices as appropriate and correct.
How has the United States participated in the Kyoto Protocol?
It has failed to ratify the treaty
How has the United States supported the International Covenant of Economic, Social, and Cultural Rights?
It has signed but not ratified the agreement.
How did the United Nations react to apartheid policies in South Africa?
It imposed an arms embargo on South Africa.
What is a Chlorofluorocarbon (CFC)?
It is a chemical compound used in aerosols, insulating materials, refrigerator and air-conditioner coolants, and other products. CFS's are widely banned today because of their damaging effect on the ozone layer.
What is global climate change?
It is human induced change in the environment, especially from the emissions of greenhouse gases, leading to higher temperatures around the world.
What is a Hard Law?
It is obligatory and delegates substantial authority to third parties
What is the ozone layer?
It is part of the lower stratosphere, approximately 6 to 30 miles above the earth, with relatively high concentrations of ozone, which blocks harmful UV radiation.
How has the United States reacted to the International Criminal Court?
It signed the treaty creating the court, but later withdrew its signature.
What is the Universal Declaration of Human Rights? (UDHR)
It was adopted by the UN General Assembly in 1948 This declaration defines a "common standard of achievement for all peoples" and forms the foundation of modern human rights law.
How do regional trade agreements influence human rights?
Many directly link good human rights practices to trade benefits.
What types of rights are associated with international law?
Natural Liberty Claim Legal
Why do states sign human rights treaties?
Newly democratizing states aim to commit themselves credibly to political reform (makes it costly if human rights agreement is violated by that nation) Stable democracies are more likely to be hesitant to do so, but more of them are now doing so because they are realizing the contradiction in that they advocate for others to do so, while not doing it themselves Some may sign because they are coerced into doing so by linkage and pressure from others It's the "moral" thing to do Humans are very compassionate and empathize when others are in dire situations (ex. Venezuela crisis) Human rights are only secure if they are universal not just in principle, but also in practice NGOs and TANs have been successful in getting the word out about situations where human rights are being violated Self-interest Human rights are essential to global peace, which leads to more commerce and trade between countries
What is an obligation? What are high and low obligation rules?
Obligation: the degree to which agents are bounded to a rule. High Obligation Rules: Must be performed in good faith, regardless of provisions of domestic law, and if breached, require preparations to injured party. Low Obligation Rules: Urge states to live up to some standard or behavior.
What are Primary and Secondary Rules?
Primary Rule: the negative and positive rules negotiating behavior. Secondary Rule: the constitution that structures the making of primary rules.
How are international laws enforced?
Principal mechanisms for enforcing International law Custom, or accepted practice, that is carried out by states based on a subjective belief that an action is a legal obligation Customary International Law - develops slowly, over time, as states recognize practices as appropriate and correct. diplomatic immunity, freedom of the seas, crimes against humanity → all customs first, then codified Secondary rules for establishment of customary international law remains vague International treaties, which are negotiated and then ratified by states States voluntarily take on the constraints of international law Not interpreted as a violation of sovereignty Secondary rules of international law are quite clear International Institutions/Past judicial decisions Ex. International Criminal Court - Institution for enforcing international law of crimes against humanity ECHR - allows individuals to directly petition to supranational legal courts when they have believed a state has violated their human rights Prevents state from being gatekeepers and effectively preventing a international court from hearing a case that the state may lose General Legal Principles Writings of Legal Scholars Transitional Peace - moving away from primarily prosecuting and criminalizing human rights abusers and toward non-criminal forms of reconciliation. Conditional amnesties + illustrations that prevent members of the preivous human rights violating govt from being involved in any positions of political/bureaucratic/civil power.
What systematic actions against a civilian population by a government is not a crime against humanity?
Profiteering
What are public "bads"? How do they relate to environmental laws?
Public bads are like public goods in the sense that they are non-excludable and nonrival, but they're a bad because nobody wants them, yet they exist. (Air pollution, disposal of commercial/ residential waste, CFCs, etc.) They relate to environmental laws by being a cause for their existence. For example, CFCc became a major problem, so the Vienna Convention and the Montreal Protocol were issued.
What is the International Bill of Rights?
Refers collectively to the UDHR, the ICCPR, and the ICESCR. Together, these three agreements form the core of the international human rights regime.
What is a Soft Law?
States often sign "declarations" or "statements" as non‐binding agreements. The "rules" in these documents are considered "soft law", since they are non‐binding and generally not indicative of CIL. - is aspirational and doesn't delegate significant powers to 3rd parties.
What is not a reason that cooperation on ozone layer depletion has been relatively effective?
The United States has provided subsidies to nations who commit to reducing their CFC output.
International Covenant on Civil and Political Rights (ICCPR) :
The agreement completed in 1966 and in force from 1976 that details the basic civil and political rights of individuals and nations.
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
The agreement completed in 1966 and in force from 1976 that specifies the basic economic, social, and cultural rights of individuals and nations. - none of these are nonderogable .
What is one obstacle to international cooperation on climate change?
The costs of global warming are largely unknown.
Delegation:
The degree to which third parties, such as courts, arbitrators, or mediators, are given authority to implement, interpret, and apply international legal rules, to resolve disputes over the rules, or to make additional rules.
What is common-pool resources?
They are goods that are available to everyone, such as open ocean fisheries; it is difficult to exclude everyone from using the common pool, but one user's consumption reduces the amount available for others.
What impact do CFCs have on the environment?
They are linked to ozone depletion
Which statement best describes the success of international environmental cooperation?
The international community has addressed the hole in the ozone layer more successfully than it has addressed climate change
How does the free rider problem relate to International Law?
The problem of collective action and our incentives to free- ride on the environmental efforts of others arise because our choices produce externalities. Externalities: costs or benefits for stakeholders other than the actor undertaking an action. When an externality exists, the decision maker does not bear all the costs or reap all the gains from his or her action). Example: If a major company dumps chemicals into the water, others bear the cost of either using contaminated water or purifying it themselves. In this case the firm imposed a cost or negative externality on others.
What are Human Rights?
The rights possessed by all individuals by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization.
How do common pool resources differ from public goods?
They are rival in consumption.
How did sanctions on Saddam Hussein's regime influence Iraq during the 1990s?
They dramatically increased Iraqi infant mortality.
Globally, how have human rights practices changed over the last 20 years?
They have not changed noticeably.
What region is the "greenest" according to the 2006 Environmental Performance Index?
Western Europe
What is an externality?
a benefit or cost that affects someone who is not directly involved in the production or consumption of a good or service a cost imposed on other actors by someone undertaking a particular action
What is International Law?
a body of rules that binds states and other agents in world politics in their relations with one another and is considered to have a status of law.
What is the ETS?
a cap-and-trade system for greenhouse-gas emissions in Europe
A law that is high-obligation, precise, and delegates enforcement to third parties tends to be ________.
a hard law
Which of the following prisoners would qualify as a prisoner of conscience?
a nonviolent protestor
Child labor is an example of:
a practice that continues to divide various actors internationally.
What is the boomerang model?
a process through which NGOs in one state are able to activate transnational linkages to bring pressure from other states on their own governments * shows how NGO's that are blocked from influence within their own state (state A) can appeal to other transnational NGO's which can press their state (state B) or an international organization to press state A to change its policy.
What is Individual Petition?
a right that permits individuals to petition appropriate international legal bodies directly if they believe a state has violated their rights
International law norms are?
a set of expectations for state behavior.
Which of the following is a component of the Kyoto Protocol?
carbon trading
Which of the following is an example of a public good?
clean air
Overexploitation tends to be a problem for what kind of good?
common good
What are externalities?
costs or benefits for stakeholders other than the actor undertaking an action. When an externality exists, the decision maker does not bear all the costs or reap all the gains from his or her action.
What is not a dimension of international law?
durability
Precision:
how specific obligations states incur
Compliance constituencies make _________________
international law more effective
Which of the following is not an ongoing innovation in the protection of human rights?
nation-state sovereignty
What is a characteristic of a public good?
nonexcludability
Public goods are
nonexcludable and nonrival.
The overall relationship between income and environmental protection is
nonlinearly positive.
What is not a type of international norms?
prescriptive
How often do states sanction other states for human rights abuses?
rarely
What are nonderogable rights?
rights that cannot be suspended for any reason
What are nonderogable rights?
rights that cannot be suspended for any reason, including at times of public emergency EX: freedom from torture or cruel and degrading punishment, recognition as a person before the law, and freedom of thought, conscience, and religion.
Which of the following agreements permits individual petition to an international court?
the European Convention on Human Rights
Which agreement addresses global climate change?
the Kyoto Protocol
Which international agreement addresses the hole in the ozone layer by phasing out the production of CFCs?
the Montreal Protocol
What is extraterritoriality?
the attempt by a state to prosecute its citizens for human rights abuses in another country
In general, what type of state most frequently ratifies human rights treaties?
those with poor human rights practices
What are the solutions to the four fundamental problems of cooperation and international law?
¨ Smaller group - acid rain was easy to solve because limited number of countries in each acid rain region. Those affected have incentive to solve ¨ Repeated interaction - contributors' sanction non-contributors by withholding future cooperation ¨ Linkage - mutual dependence on each other or interact frequently ¨ Joint products - public goods come bundled with private goods ¨ Privileged group - single actor that receives sufficient benefits from public good (US banning CFCs)