Law+School+Outline-+International+Law+Outline[1]

Law+School+Outline-+International+Law+Outline[1] -...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
International Law Outline THE INTERNATIONAL LEGAL PROCESS I. The Concept of International Law A. Definitional Considerations B. IL in Historical and Contemporary Perspective 1. Historical Perspectives a. General Factors 1) Spread of Roman Law through Europe 2) Revival of trade/commerce during Middle Ages 3) Formation of Leagues of Trading Towns for protection of trade and citizens engaged in trade 4) Development of Maritime Law made necessary by spread of international trade on the seas 5) Growing custom of States to send/receive permanent legations 6) Establishment of permanent standing armies 7) Renaissance and Reformation 8) Plans for maintaining International Peace 9) Discovery of America 10) American Revolution b. David Bederman 1) Natural Law = something intrinsically part of humanity/society (especially human rights) 2) Positivism – states subject to no moral authority above them a) Views (1) IL is whatever states say it is (2) Natural Law is all well and good but who gets to say what Natural Law is? 3) Rules: a) Multipolarity good for development of IL b) Anarchy or unipolarity bad for development of IL c) Responsive to conflicts only, not preventative 4) Sovereignty states are independent and autonomous; IL would not develop without independent states a) Evolution: Unquestionable power of Monarch (1) Claim of particular authority to a territory (2) Power of state over citizens (3) Sovereign equality (freedom of states with other states freely at international level) (4) Popular sovereignty (power of people within State) b) Limits: Globalization, neo-liberal economics, development of legal constructs like human rights, epidemics (i.e. AIDS) c) “Disaggregated Sovereignty” great control over own territory but all states face global issues *Current Status c. Richard Falk
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
1) Successful areas of IL: a) Management of Complexity resilient capacity by sovereign states to contrive mutually beneficial ways of dealing with implications of interdependence d. Problem areas of IL 1) Containment of Conflict within Tolerable Limits Procedures for prohibiting aggressive uses of force 2) Promotion of Decency in the World: a) Equity (Poverty/Mass Misery) b) Development (Increased quality of Int’l Life) 3) Avoidance of Catastrophe failed because no political will to achieve restraint e. Some Success: promotion of decency defining equity and encouraging development 2. Contemporary Perspectives a. 1) Generally: Focus is getting voice heard (embrace 3 rd World) a) Focus on sovereignty and non-intervention b) Historically developed during emergence/anti-colonial forces of 3 rd World c) GOAL: Democratic formation of IL 2) Reasoning: a) Indicted colonial IL for legitimizing the subjugation and oppression of the Third World peoples b) Pre-colonial 3 rd States were not strangers to idea of IL c) Non-rejectionist stance towards IL IL could take steps to incorporate needs/aspirations of newly independent states
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 33

Law+School+Outline-+International+Law+Outline[1] -...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online