IR323-12-13-14-lecture

IR323-12-13-14-lecture - Global Environmental Politics...

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- Generally, int’l env’t action involves actors enacting laws & policies (rules) within institutions 1 Global Environmental Politics International Law & Policy
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- International law Hard law v. soft law 1) Examples hard law—treaties, agreements, conventions, etc. 2) Examples soft law—principles, declarations, etc. 2 Hard law Soft law •More binding Higher costs to create •Higher costs change/adapt •Higher costs to sovereignty Lower costs to transact •Higher level of commitment Higher reputation cost for viol’n More clear & detailed •More clear & detailed rules of conduct •More clear & detailed punishment for viol’n More infrastructure •Less binding Lower costs to create •Lower costs change/adapt •Lower costs to sovereignty Higher costs to transact •Lower level of commitment Lower reputation cost for viol’n Less clear & detailed •Less clear & detailed rules of conduct •Less clear & detailed punishment for viol’n Less infrastructure
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- International law (cont’d) Functions of international law 1) Constrain behavior (protect the weak?) 2) Regularizes/sets the costs/risks of action choices 3) Facilitates communication & information (more perfect info) 4) Reduces costs/risks of disputes (legal decision v. self-help/violence) 5) Formalizes/sets rules of interaction for long term, iterated interactions (short-term, non-iterated interactions lead to zero-sum games) 6) Sets mechanism to measure/affect commitment & reputation costs Approaches 1) Positivist—law is a produce of political & philosophical processes, so originates in humans 2) Naturalist—law is derived from universal principles independent of humanity, but can be discovered via reason 3
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- International law (cont’d) Sources 1) Agreements (treaties/declarations/etc.)—written instruments ,created via a) ID needs/goals (recognize problems, raise awareness) b) Negotiation c) Adoption (to make binding?)—if adopted, then: i. Sign/ratify—suggests hard law, where signing shows commitment & ratification means
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IR323-12-13-14-lecture - Global Environmental Politics...

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