Political Science Test 1

Political Science Test 1 - 9/15/08 Monday, September 15,...

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9/15/08 Monday, September 15, 2008 8:42 AM Louis Henkin Wrote a book in the 1970s called How Nations Behave: Law and Foreign Policy These were the ideas of the book: If one doubts the relevance of International Law then one needs only to imagine a world in which International Law is absent. He claimed that there would be no security of nations or stability of governments in his argument. He claimed territory and airspace would not be respected. Argues vessels will navigate at their own peril. He also claims that property within a country would not be protected and would easily be ceased. People that would have no protection under the law. Agreements would not be respected. The Diplomatic relations would come to an end. International trade would cease. International organization and all the similar arrangements would disappear. Precedents Precedents deals with cases that have previously been settled in international law. Precedents serves as a guide as what the law is and where that law is going. Precedents can also be known as judicial decisions, the importance can be seen in a sense that precedents also serves as a source of international law. International law seems to use precedents a little too much, it uses it to determine what is right and wrong. There is a heavy dependence of Precedents in international law. It makes International law more conservative and less dynamic, it reduces the relevance of the case dealing with and gives more value to the precedence that you select. 1992--> Alvarez Machain case, settled by the US supreme court. Alvarez Machain was a medical doctor and lived in Mexico. He was hired by Drug Lords in Mexico to torture ;her drug enforcement agents (DEA) called Macarena, when the US heard about it they Kidnapped Alvarez from Mexico and trialed him in court in the US. When the case went before courts in California they dismissed the case and said he should go to his own country and be trialed because of the Attrition Treaty. The US supreme court said the could trial him based on an 1886 Kerr Frisbie case, it dealt with Peru vs. US. It was an old case That’s why people saw International law does not like change. They said kidnapping was okay because it happened in 1886. Examples: 1.US vs. PLO case is the International show company verses Washington in 1945. 48 History of International Law In 1648, The treaty of Westphalia ended a 30 year war. It Diminished the importance of religion in the life of Countries and introduced for the first time the right of the sovereign states. This is the first time that the word sovereignty was used. Before 1648 there was some kind of international law that was influenced by the ancient Greece and Romans, and most laws in this time were known as Naturalism. Naturalism is the idea that all human laws are derived from the laws of God, these laws are based on principles that are grounded in the divine order revealed in the Bible. During this period, Religion was Big. Some of the writers that write IL in this period had their background in
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Political Science Test 1 - 9/15/08 Monday, September 15,...

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