IR: Exam 3 International Law
Norms to Institutions
- HR norms emerged very slowly, only making steady progress in the last half century - prior to the UDHR in 1948, there was no written code or law - while enforcement efforts appear weak, the spread of human rights norms have been steady
Who pays for cleaning up the environment?
- Industry wants consumers and taxpayers to pay - environmentalists want industry shareholders to pay - LDCs want developed countries to pay (they are better positioned and have more resources to do so) - developed countries want LDCs to pay (improving their infrastructure as they do so, rather than shifting the burden to themselves alone).
Climate Challenge
- according to current estimates, there is nothing the world is currently doing, or will do, to sufficiently reduce greenhouse gas emissions below the 3.6 degree F threshold for irreparable climate change - a great deal of economic development that is tied to industrial growth is often quite dirty, it pays to pollute
Resolving Disputes (climate change)
- because international environmental agreements are typically non-binding, they rarely specify dispute resolution methods - generally, such agreements focus more on facilitating cooperation than punishing defection - in this respect, global climate agreements are less severe and less stringent than those which protect human rights (such as prohibition against genocide)
Why cap-and-trade systems work
- creates an incentive for firms to reduce emissions by the buying and selling of their unused tax credits - eventually, it will be come VERY expensive to emit more than the allotted metric tons - overall it is a privatization of a public good, which has shown a lot of buy-in
role for states in climate change
- domestic laws and policies remain the primary means for implementing international environmental cooperation - even successful international treaties rarely specify how states implement policies in their target goals - same dynamics of implementing policies with human rights
establishing standards (climate change)
- environmental institutions generally begin with more general agreements that establish standards and shared language - further negotiating strategies specify target areas of reform and establish acceptable and unacceptable terms of compliance - once standards are established, they are subsequently revised and frequently tightened
Bargaining and pollution
- grappling with pollution its a bargaining problem because the benefits of environmental protection are diffuse while the benefits of continuing to pollute are concentrated and unevenly distributed - collective action plays a large role: smaller groups are more effective than large, diverse groups of bargaining
Verifying compliance (climate change)
- institutions help verify compliance - with targets established, measures are put into place that verify compliance - sometimes they are stringent (Int'l Convention for the Prevention of Pollution of the Seas by Oil in 1954, which required that new ships include technologies that minimize oil discharge) - other times, such as the Paris Climate Agreement, countries monitor their own emissions and self-report. -Loose conditions are easier for getting compliance by states, whether they actually mean those compliance targets is another matter
Spoiling the commons
- many environmental issues, such as those related to open ocean fisheries, wildlife, and other natural resources involve common-pool resources, which are non-excludable but rival in competition, while there are many resources available: they are finite. - common-pool resources are vulnerable to overexploitation, a phenomenon called spoiling the commons - where self-interested actors have incentives to take as much as they can possibly get from the resource without moderating their consumption
Why do states sign HR treaties?
- newer democracies will sign to signal their commitments to HR - powerful states or trade blocs will use linkage, tying HR compliance with trade deals - some rights are respected more than others
Why do states violate HR?
- some states lack the capacity to achieve HR standards - foreign threats may lead states to restrict rights through suspension of normal law - States can use the right of sovereignty to deflect challenges to their HR records; states can resist calls to reform by doubling down that domestic law is absolute within boundaries - incumbent leaders or privileged groups may view the granting of human rights as a threat to their tenure (national party of South Africa resisting calls to end apartheid)
Climate change as the prisoner's dilemma
- the US and China are the world's largest economies, and combined, they are also responsible for nearly half of the world's CO2 emissions - Instead of splitting the "prisoner's loot" they are splitting the good of a healthy planet. If they cooperate they can achieve that good - The cost of doing so, the implementation of environmental policies which cost more than the older, dirtier forms of production - dominant strategy = defection, upholding the status quo
Does international Human rights law matter?
- the compliance rate is mixed by region, but is higher than you might expect given the lack of relative enforcement - more states actually sign HR treaties than actually abide by them: by "expressing their value" rather than as binding agreements - HR norms/laws function best when accompanied by other institutions such as democratic governance and the rule of law
2 assumptions of strategic interactions
- we assume that actors behave with the intention of producing a desired result - we assume that actors adopt strategies based on what they believe to be the interests and likely actions of others
International Law
A body of rules that binds states and other agents in world politics and is considered to have the status of law
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 a state party, or the UN Security Council has referred the case to the prosecutor.
Vienna Convention
A framework convention adopted in 1985 to regulate activities, especially emissions of CFCs, that damage the ozone layer.
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 carbon and five other greenhouse gases through 2020.
bargaining
An interaction in which actors must choose outcomes that make one better off at the expense of another. Bargaining is redistributive: it involves allocating a fixed sum of value between different actors.
United Nations Framework Convention on Climate Change (UNFCCC)
An international agreement enacted in 1992, and entered into force in 1994, that provides an overall framework for intergovernmental efforts on climate change - outlines the rules of how specific protocols (like the Kyoto) will be negotiated. - issues non-binding agreements on greenhouse gas emissions - here, institutions are working as facilitating and coordinating functions, rather than as one that ensures compliance.
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 CFCs and other chemical compounds.
Norm Life Cycle
CONVINCE: TAN or norm entrepreneur convinces a critical mass of influential actors to adopt behaviors CASCADE: when adopted by enough powerful actors that others feel pressure to adopt them as well INTERNALIZE: seen when new actors take advantage of it.
Privatizing the public good of clean air
Europe's emission Trading Scheme (ETS) and other cap-and-trade systems set limits on emissions, which are lowered overtime to reduce pollution.
phases of policy implementation of the cap-and-trade system
FIRST: firms must monitor their emissions SECOND: the government gives out credits to produce a certain amount of metric tons of emissions, they are tax credits that are cheap (token system) NEXT: every couple of years after implementation system, the government reduces the amount of tax credits - idea that if you produce more than the allotted amount, you must buy more tax credits
R2P (Responsibility to Protect)
Principle adopted by world leaders in 2005 holding governments responsible for protecting civilians from genocide and crimes against humanity perpetrated within a sovereign state - triggered by violation of non-derogable rights - relates to the security council having to mobilize forces - controversial in that some countries may be forced to play global police - questions of respect to sovereignty of state's models
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.
Key Actors and their Interests
States: security, power, wealth, ideology Politicians: reelection/retention of office, ideology, policy goals Firms/industries: wealth, profit Classes or Factors of Production: material well-being, wealth Bureaucracies: budget maximization, influence, policy preferences International Organizations: as composites of states, they reflect the interests of member states according to their voting power. As organizations, they are assumed to be similar to domestic bureaucracies. NGOs: moral, ideological, or policy goals; human rights, the environment, religion.
power
The ability of Actor A to get Actor B to do something that B would otherwise not do; the ability to get the other side to make concessions and to avoid having to make concessions oneself.
Obligation
The degree to which states are legally bound by an international rule.
Critics of UDHR:
UDHR did not go far enough in advancing positive liberties like rights to healthcare, education, and cultural recognition.
Does international law matter?
YES: - compliance amongst state actors with international law is actually quite high - defectors of high-obligation rules (Geneva Conventions) are backed by punishments NO: - states only comply with int'l laws because doing so is only in their interests or reflects their domestic laws they already abide to. - states rarely change their domestic law to reflect international law after signing treaties - international law is rarely sufficiently precise to regulate behavior
negative externalities
a cost imposed without compensation on third parties by the production or consumption of sellers or buyers. Example: a manufacturer dumps toxic chemicals into a river, killing the fish sought by sports fishers; an external cost or a spillover cost
Tragedy of the Commons
a problem that occurs when a resource is open to all, without limit. No one has an incentive to conserve, because others would use the resource in the meantime, so the resource suffers degradation
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
coercion
a strategy of imposing or threatening to impose costs on other actors in order to induce a change in their behavior
Coordination
a type of cooperative interaction in which actors benefit from all making the same choices and subsequently have no incentive to not comply
Collaboration
a type of cooperative interaction in which actors gain from working together but nonetheless have incentives to not comply with any agreement
agenda setting
actions taken before or during bargaining that make the reversion outcome more favorable for one party
How do we know the interests of others?
actors might draw on several sources as they figure out the preferences of others: - past behavior - theories of behavior (liberal, realist, etc.) - public statements
outside options
alternatives to reaching a bargain with a particular partner that are more attractive than the status quo
Examples of TANs
amnesty international, Bill and Melinda Gates Foundation, Planned Parenthood Federation of America, Heartbeat international, Halo trust, Green piece.
cooperation
an interaction in which two or more actors adopt policies that make at least one actor better off relative to the status quo without making others worse off
Norms
are standards of behavior for an actor within a given identity. They identify what actions are permissible or impermissible under particular circumstances. - though norms can have the institutional force of law, they can also informally change behavior
Controversies (ICCRR vs ICESCR)
by passing both treaties, the UN masked deeper divisions that continue to mark discussions about human rights today. - inconsistencies between the negative liberties protected by the ICCRR and the positive liberties included in the ICESCR (right to life vs. capital punishment) - lack of enforcement measures non-binding agreements - many weaker states worry that their powerful neighbors will use the pretext of HR violations to justify invasions - culture vs. universalism
Transnational Advocacy Network (TAN)
can include NGOs, philanthropical organizations, citizen groups, and faith-based social advocacy groups. TANs work to promote social causes or raise awareness about unethical social or political practices. Often led by public figures we call norm entrepreneurs. - TANs redefine interests by shaping definitions of what is right. Enforce norms by naming and shaming--not by formal punishments
facilitating cooperation
cooperation is difficult when actors have incentives to defect from their original arrangement, free riding. Especially so when actors are working together to provide public goods. Actors can facilitate cooperation through the following strategies: - limiting numbers/identifying privileged groups - increasing iteration to punish defection - increasing linkage to reward cooperation - providing better information
International law varies in degrees of delegation to third parties to implement, interpret, and apply specific rules; resolve disputes over the rules; and make additional rules. Third parties include:
courts, arbitrators, mediating bodies, and other third parties
International law derives from 2 basic sources
customary international law and international treaties.
Procedural Norms
define how decisions involving multiple actors should be made. Similar to secondary rules; they're the norms that decide how policy is made. Typically less clearly defined.
Constitutive Norms
define the group of relevant actors, under given circumstances. In the UN, state actors are recognized as significant for all negotiation and decision making, but sometimes non-state actors (advocacy groups, stateless ethnic groups, Palestinian national authority, the Vatican, etc.) also weigh in
externalities
economic side effects or by-products that affect an uninvolved third party; can be negative or positive
when delegation is LOW...
general agreements on tariffs and trade may have difficulty enforcing compliance with international agreements; thereby, diminishing the force of international law
nonrival goods
goods for which consumption by one actor does not diminish the quantity available for others.
Common pool resources
goods that are available to everyone, such as open ocean fisheries; it is difficult to exclude anyone from using the common pool, but one user's consumption reduces the amount available for others. Common pool resources are rival but non excludable.
nonexcludable goods
goods that, if available to be consumed by one actor, cannot be prevented from being consumed by other actors as well.
Regulative Norms
govern behavior between states. for all treaties dealing with nuclear weapons, one could argue that the regulative norms against routing humanity in a nuclear winter is chiefly responsible for there almost having never being used in warfare.
Trade off for precision
higher precision strengthens international law by clarifying the behavior expected of states. Less precise laws might gain greater approval from states in the short-term, but their imprecision may lead to conflicting interpretation and application at a later time.
norm entrepreneurs
individuals who leverage their access to well-connected political and industry leaders and who can Marshall public support among those who aren't politically active.
UDHR- familiar to Americans
intellectual origins to U.S. policymakers, who are often better schooled in domestic law and comparative constitutions. American values are not universal values
The puzzle of international law
international law fundamentally violates the principle of state sovereignty. On one hand, states guard their own sovereignty. On the other hand, international law prescribes some practices that conflict with domestic laws.
Customary International Law
international law that usually develops slowly, over time, as states recognize practices as appropriate and correct. Basically codified norms that a critical mass of powerful states are already observing. - Diplomatic immunity as an example
Making international law
laws are rules that change our behavior in some way, usually constraining it, linked together by a common logical structure based on sovereignty. International laws are rules that sovereign states broadly agree to comply with.
High obligation
must be performed in good faith, regardless if inconsistent provisions of domestic law. Unconditional, states must respect them even when they appear to be against their interest to do so (genocide)
low obligation
obligation rules are stringent and typically lack strong enforcement measures, 2016 Paris Climate Agreement has no way to punish states for their failure to meet carbon emission goals.
collective action problem
obstacles to cooperation that occur when actors have incentives to collaborate but each acts in anticipation that others will pay the costs of cooperation
Example of procedural norms
practice of reciprocity: in which states are expected to offer women roughly equal benefits, such as extension of copyrights for foreign artists.
liberal world view of cooperative interactions
predicts that rational actors will seek net gains (gains for everyone) rather than relative gains (might only come to some). Presumes rational actors to pursue efficiency, as long as doing so doesn't make it worse off for themselves.
International treaties
produced through diplomatic negotiations at widely attended conventions. These more formal sources offer opportunities for diplomats to establish rules that address problems that standard practice either failed to solve or created them in the first place. - Example: Geneva Convention in 1929
public good
products that are non-excludable and nontrivial in consumption (clean air and water)
prisoners of conscience (POCs)
refers to individuals imprisoned solely because of the peaceful expression of their beliefs
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
reflected ideology of the socialist bloc during the Cold War and left-leaning Europeans countries -ex: right to a living wage, healthcare, and to education through a required government support to provide
Boomerang Model
relates to TANs, instead of continuing to pressure home government, INSTEAD pressure other countries to adopt and establish this norm (hopefully codifying international law). The home country is now facing pressure and sanctions from external governments; feeding back to home country to comply.
iteration
repeated interactions with the same partners
nonderogable rights
rights that cannot be suspended for any reason, including at times of public emergency
Rational actor assumption
scholars assume that actors (states, leaders, firms, etc.) are rational, in the sense that they: - have interests - those interests are ordinal (ranked interests) - pursue interests notes: rationality is not the same as reason
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 than their allocation or must buy from others when they emit more than their allocation
institutions
sets of rules, known and shared by the community, that structure political interactions in specific ways
The Lima Accords
synthesized climate change scientific findings and established a consensus threshold of 3.6 degrees (F) for global temperature rise
Nationally Determined Contributions (NDCs)
the commitment each party to the Paris Agreement makes as to how they will contribute to reducing the threat of global warming
Precision
the degree to which obligations and punishments for defection are specified. More precise models grant less interpretive leeway, than less precise laws. As laws become less precise, parties may be granted opportunities to interpret them in ways that suit their own interests.
Western Origins of Human Rights
the language and conceptual framework of human rights originate in Enlightenment principles, particularly those espoused by Immanuel Kant - The individual as a pre-political independent being, as rights bearers, who enjoys inviolable protections against undo interference by gov't or individuals - Universal law supported by secular, rational principles of morality. (Rights to life, liberty, property)
linkage
the linking of cooperation on one issue to interactions on a second issue
Primary Rules
the negative and positive rules of behavior, sets limits on what we can and cannot do. - Ex: Ottawa Convention's prohibition of land mines
Pareto Frontier
the point at which two actors are using the maximum amount of a resource where both are not left worse off. One may be better off. A resource is divided and split between two actors. Every division along the frontier is optimal so they should accept
Secondary Rules
the rules about how rules can be made. Institutional frameworks that hold and justify primary rules. The guidelines. - Similar to constitutional arrangements in domestic sovereign states.
Interactions
the ways in which the choices of two or more actors combine to produce political outcomes. Because outcomes are a result of interaction, actors must anticipate the probable choices of others and take them into account. assumptions > interests > choices > interactions > outcomes
domestic vs international law
there are no international police to ensure compliance.
When states award HIGH delegation to third parties...
they strengthen international law by relinquishing their power to interpret and apply the law in ways that will suit their changing interests - States are generally reluctant to delegate too much power to 3rd parties because in doing so, it weakens their sovereignty
Free ride
to fail to contribute to a public good while benefiting from the contributions of others
International Covenant on Civil and Political Rights (ICCRR)
western-style economic and political liberties; individual freedom from government -ex: right to life and liberty