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POL 122 Notes - 15:25 POL 122 First assumption realism...

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15:25 POL 122 First assumption realism makes: No world Government. ANARCHY. Because of this, system of self-help and war is inevitable. International system is anarchic International law is decentralized= there is no single legitimate legislature, judiciary, or executive responsible for the creation, interpretation, and enforcement of international law 9/28/11 Why International Law is fun and challenging International system is anarchic International law is decentralized Structures of International Law 3 key factors of international law: 1. Creation- how international law gets made 2. Enforcement- how do we get states to follow international law 3. Interpretation- how to settle discrepancies in interpretation of laws? Law with a Horizontal Structure - Interaction of States Creation : agreements (bilateral or multilateral) drawn between states
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-States must affirmatively accept restrictions -Only do so when it is in their interests Enforcement : analyze enforcement in their situations using a prisoner’s dilemma game… Enforcement sustained by: -Reciprocity -Reputational consequences Enforcement is decentralized; carried out by states Interpretation : left up to states Often leaves grey area -E.g., 2002 U.S. re: pre-emptive attack Law with a Vertical Structure - International Organizations Creation : “supranational organizations” can create laws -These laws have binding effects on member states (even if vote against) -E.g., EU law Enforcement : some IOs play a role in the enforcement of some international laws. -UN security council- sanctions, force -WTO – retaliatory sanctions -ICC –International Criminal Court- indictment, prosecute Interpretation : -International Court of Justice
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-hundreds of treaties call for the court’s jurisdiction when a dispute arises -ICJ available if states must mutually agree to bring a dispute before the court. Theories of International Law Natural Law Theory : argues international law consists of fundamental principles of right and wrong These principles are fixed and universal Don’t change depending on political inclination or cultural predispositions of states These principles font come from analyzing state behavior, but from a process of “ right reason Leads to idea of “ jus cogens ” (or preemptory norms) To identify violations of international law, state behavior is held up against these standards from the natural law theory perspective Natural Law theory was an older way of thinking about international law— so why do we care about it in this class? 1. Idea of universal principles v. culturally-based principles 2. The idea of pacta sunt servanda—(that an agreement must be kept) Why are states bound to this rule? It has to be some metaphysical norms of right and wrong which is what natural law theory highlights International Positivism -Focuses not on what “ought” to be, but on what the law “is”
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-Study what is expressly written in treaties or tacitly practiced in state “customs”, that they regard as part of their legal obligations
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