Lecture Notes - CH14

Lecture Notes - CH14 - CHAPTER 14 The Liberal Institutional...

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CHAPTER 14 The Liberal Institutional Paths to Peace Chapter Outline I. International Law and World Order A. Law at the International Level: Core Principles 1. The Rules of International Law 2. Procedures for Dispute Settlement B. The Limitations of the International Legal System C. The Relevance of International Law D. The Legal Control of Warfare 1. Just War Doctrine: The Changing Ethics Regarding the Use of Armed Force 2. New Rules for Military Intervention 3. The Rules for War’s Conduct and the Expansion of Human Rights Legislation 4. Law’s Contribution to Peace E. Controversy: Was the War in Iraq a Just War? II. International Organization and World Order A. The United Nations and the Preservation of Peace 1. Collective Security B. Regional Security Organizations and Conflict Management III. Political Integration: The Functional and Neofunctional Paths to Peace A. World Federalism: A Single Global Government B. Functionalism C. Neofunctionalism 1. The European Integration Example 2. Preconditions for Regional Integration D. Political Disintegration IV. Democratic Peace: Can Votes Stop Violence? V. Liberal Institutions and World Order: From Security to Stability? Chapter Summary I. International Law and World Order The majority of international disputes regard private international law. Most criticism has focused on public international law. While public international law has many deficiencies, it is still useful and most states follow it most of the time. This chapter focuses on law designed to control war. A. Law at the International Level: Core Principles The body of the law of nations ( corpus juris gentium ) has grown considerable in the last few centuries. 1. The Rules of International Law State sovereignty is the most important principle of international law and states that there is no authority legally above the state. The principle of 1
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World Politics: Trend and Transformation sovereign equality entitles each state to full respect by other states and equal protection under the law, including autonomy in their domestic affairs, known as the nonintervention norm. In order to be considered sovereign, a state must have a permanent population, a well-defined territory, and a government capable of ruling its citizens and managing formal diplomatic relations with other states. Diplomatic recognition by other states is key. According to the norm of pacta sunt servanda , agreements made by parties to international treaties must be upheld. 2. Procedures for Dispute Settlement Third-party procedures used to resolve international disputes include good offices, conciliation, mediation, arbitration, and adjudication. B. The Limitations of the International Legal System Critics of international law say it suffers from the following limitations: The international system lacks a legislative body capable of making binding legal rules. The international system lacks a judicial body with compulsory jurisdiction
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This note was uploaded on 04/29/2008 for the course INST 102 taught by Professor Lebamoff during the Spring '08 term at Loyola Chicago.

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Lecture Notes - CH14 - CHAPTER 14 The Liberal Institutional...

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