international law, organization, & policy
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INTERNATIONAL LAW
~The Basics~Creating IL~Primitive Nature~Adherence
International Law
Its Roots Western influenced European, then US domination Father of International Law
Age of Reason Natural Law¤
Hugo Grotius (1583-1645)
Trends Increased over time
More actors More contact
Increased interdependence Set rules Coordinate policies¤
Issues Early law war Contemporary law
transnational issues Differences between
cultures Cultural relativism¤
Creating Int’l Law Sovereign states pursue self-interests Based on customs & agreements
Bilateral, multilateral pacts Form IGOs
Help establish agreementsMonitor adherence
UN Int’l Court of Justice, UN Atomic Regulator, UN Environmental Programme, many more for diff. issues
INTERPOL
Coordinates policing
IMF Monetary regulationWTO Trade regulation
Creating Int’l Law: Mercury AgreementWhy is the Minamata Convention important?
Mercury exposure = highly toxicBad for people
Inhale, ingest, skin contactHarms environment
Seeps into soil, pollutes water, poisons animals and plants
Minamata, Japan- one of world’s worst cases
Local chemical plant water pollutionMinamata Disease
¤
Creating Int’l Law: Mercury Agreement (cont.)
What does it regulate? Supply, trade, use Emission reduction in mining, power
plants, metals production
Why did 140+ states agree? In their self-interest Straightforward, uncontroversial objective Won’t restrict coal burning
24% emissionsRelatively easy fix
Primitive Nature Based on customs, agreements
Coastal territory No overarching enforcement authority
Sovereignty Requires cooperation
Self-interests¤
AdherenceSo, is international law really law?
Compliance is voluntaryRussia and Crimea – UN declares vote illegal
Means of enforcement Most states obey international laws- Why?
Ex. : U.S. compiles with WTO cotton subsidy ruling
ReputationLong-term benefits v. short term lossesEmploy means to convince states to complySets precedence for cooperation
¤
AdherenceWhat is at issue in A Line in the Sea?
Peru and Chile have maritime boundary dispute Peru turned to International Court of Justice (ICJ)
Wants more territory1952 ‘treaty’ was just fishing agreement
What was the ruling? ICJ- Peru gets more territory
Hito 1 was customary line Chile keeps inshore control¤
Adherence
Why will Peru and Chile likely comply? Each got some territory Got ICJ ruling- good to abide by it Trade interests ICJ might use Bolivia’s complaint against
Chile if it doesn’t abide¤
http://myphilippinelife.com/south-china-sea-territorial-disputes-in-depth-report-by-new-york-times/
AdherenceWhat is at issue in Force Majeure?
China claims lots of the South China SeaExclusive Economic Zone (EEZ) claims
Philippines claim Spratly Islands, EEZ IGOs to settle dispute: UN, ASEAN
Vietnam claims Paracel Islands, EEZLed to rioting
Why doesn’t China comply? Claims are valid; UNCLOS is wrong
¤
AdherenceHow are these issues similar to other issues?
China’s SCS claims Germany’s Sudetenland claims Russia in Crimea
Indonesia’s EEZ with fishing Claims are for economic gain
WTO rulings Solar panels, steel, and Jeep tariffs
U.S. intervention unlikely Similar to Taiwan situation
¤
~ The Basics~Creating IL~ Primitive Nature~Adherence
International Law: Recap
IL & Lord of WarHow does Lord of War demonstrate IL is
primitive? IL regulating weapons trade
Based on agreementsATT
Means of enforcementIGOs lack real authority
Compliance is voluntaryUp to the states
¤
IL & Lord of War
What issues/events does Lord of War address? CW-arms build-up; post-CW sales
P-5 biggest arms dealers Civil war
Child soldiersRefugee camps
Human security issuesHealth, poverty, lack of opportunities
Transnational crime Illegal trade in guns, blood diamonds, drugs
¤
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