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Unformatted text preview: “in relations between nations, the progress of civilization may be seen as movement from force to diplomacy, from diplomacy, to law.” Louis Henkin INTERNATIONAL LAW, THE UNITED NATIONS sources of international law MULTILATERALISM general characteristics of the international legal order why most states conform to international law weaknesses of the international legal order the United Nations http://www.un.org/Depts/dpko/dpko/bnote.h tm http://www.un.org/Depts/dpko/dpko/bnote.h tm THANK YOU THANK YOU FOR TURNING OFF YOUR ELECTRONIC DEVICES! What is multilateralism? What is multilateralism? According to Kegley (2009), multilateralism is cooperative approaches to managing shared problems through collective and coordinated action. * international law * the United Nations International law is a body of rules that governs the conduct of states and their relations with one another. general principles that govern the affairs of Sources of International Law Sources of International Law (Article 38 of the Statute of the International Court of Justice, United Nations Charter) humankind (e.g. thou shalt not kill or steal, the integrity of contracts); derive from divine inspiration, natural law, human nature, or human reason custom formal agreements among states (treaties, conventions, protocols) national and international court decisions the opinions and writings of jurists and legal scholars Characteristics of the Characteristics of the International Legal Order the doctrine of state sovereignty Each state is equal with regard to international law. the principle of noninterference In general, individuals, corporations, and nongovernmental organizations have only the legal rights conferred upon them by their states. no single legislature, judiciary, or executive No single judiciary No single judiciary The International Court of Justice (The Hague, Netherlands) The International Criminal Court (The Hague, Netherlands) The European Court of Justice (Luxembourg City) European Court of Human Rights (Strasbourg, France) “The right to sovereignty and to political independence possessed by the Republic of Nicaragua, like any other state of the region or of the world, should be fully respected and should not in any way be jeopardized by any military and paramilitary action which are prohibited by the principle of international law, in particular the principle that states should refrain in their international relations from the threat or the use of force against the territorial integrity or the political independence of any state, and the principle concerning the duty not to intervene in matters within the domestic jurisdiction of a state, principles embodied in the UN Charter and the Charter of the OAS.” World Court 1984 Why most states conform to Why most states conform to international law… It is in their national security interests to do so. International law provides predictability in the context of anarchy. Law breaking states may face reprisal. Many international agreements are based on the principle of reciprocity. Titfortat retaliation is possible. International law provides a medium of communication that deemphasizes power, institutionalizes global norms, fosters a global culture, and promotes global integration. States prefer a reputation as a lawful actor. International law facilitates routine transactions. The United Nations, a multipurpose The United Nations, a multipurpose “umbrella” organization, works to… insure international security and peace. raise health and education standards. improve economic and social conditions. promote fundamental human rights and freedom. The UN embraces the broad definition of securityhuman security. Based on the principle of collective security: any act of aggression by a state will be met by a collective response from the rest. The League of Nations (1920 The League of Nations (1920 1946, headquarters Geneva) 1931 Japanese invasion of Manchuria 1935 Italian invasion of Ethiopia 1939 German invasion of Poland Diverse roles of the United Diverse roles of the United Nations in the postCold War era classical peacekeeping military intervention, e.g. removing Iraq from Kuwait under Chapter 7 (199091) peace enforcement, e.g. sort out warring parties in Bosnia preventive deployment, e.g. Macedonia (1995 99) peace building, state building, e.g. East Timor humanitarian missions, e.g. Somalia “Rear door” approaches to world peace regional economic commissions the UN Conference on Trade and Development the IMF and World Bank, regional development banks the World Trade Organization International Children’s Emergency Fund (UNICEF) the World Food Programme the World Health Organization UN High Commissioner for Refugees the International Court of Justice, the International Criminal Court the International Labour Organization the United Nations Environment Programme ...
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- Fall '08