1.29 - Peace and Conflict Studies 119 Reader Sign Kadouh...

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Peace and Conflict Studies 119: 1/29/08 Reader: Sign Kadouh [email protected] Strada- Thursday 4-5 Why do we need to know about sources of international law: -To know what rules we are constricted by and how legitimate they are -International laws also regulate war/ make war more humane Many international laws come from aspirations, in hopes that it would be binding on all of uss Binding international law (2types): -1- Treaties -2- Customary Law Clip from Dabos (Intl Conference?): Bono—Millennium Development Goals -By 2010 half of the world should have access to fresh water resources -Eradicating poverty by 2015 -UN Member states met in 2000, and created these Millennium Goals in a declaration which sometimes can have binding force but this declaration does not have binding force Moral compact vs. legal compact -Brings up moral obligations which are many on international level but compared to legal obligations which can actually be enforced in court Charles Moxley's core question: [Jus in Bello vs. Jus ad Bellum] “If a state has agreed to a principle of law or that principle is established as part of international customary law, is the State bound by all the implications of that principle, even the ones which it disputes? Or does it specific disputation negate or limit its subjugation to that principle of law?” (pg 19) Relevancy: sue of torture, nuclear weapons What are the conditions for custom to become law?: -opinion juris: you have the opinion that the particular custom is law or should be law -state practice Question: in various situations such as the prohibition of torture, can you be convinced that torture is prohibited and then in your practice not follow that conviction? What does that do to customary law? -Is it possible that custom is replaced by new custom? -For example since torture is prohibited by many states accept the practice of waterboarding, is that acceptable? - This is something to ponder not only in state of torture but also nuclear weapons
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On the issue of nuclear weapons: state practice: consistent—no state has used nukes in many years opinion juris—there is a strong side now that is in favor of nuclear abolition (Britain's new administration) Moxley's answers: Customary law: cani t be non-binding, and if so when? -”As we shall see, the US—regretably to the integrity of the rule of law is on both sides of the issues” - p19 -”...the United States backed away...before the ICJ in arguing that the use of a weapon by the United States cannot be prohibited [by custom or general principle] unless the United States has specifically agreed to such prohibition.” - p27 - Basically custom can only be binding only if there exists in specific form ie treaty Treaty law: does contrary State practice vitiate treaty obligation?
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