IR Lecture -- February 20_International Law and the quest for world order

IR Lecture -- February 20_International Law and the quest for world order

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YALE UNIVERSITY Introduction to International Relations (PLSC 111a) Professor Jolyon Howorth “International Law and the Quest for World Order” 21 February 2006 “International Law”: “A body of rules which binds states and other agents in world politics in their relations with one another and is considered to have the status of law” (Hedley Bull, The Anarchical Society , p.127) Question of this subject: Can law help to put an end to war? What is International Law? Some esay there is no thing. Above definition and one from ppe, saying future looks bleak if we can’t cover up with some modicum of international behavior 1. The Philosophical Sources of International Law Theological/Religious sources o Saint Augustine (354-430 CE) Focuses on ethical and moral dimension to international law. Merges greek ideology wth judeo-christian resources. Poses moral and ethical issues. o St Thomas Aquinas (1225-1274): systematises theses of just war Is the first to come up with an idea of “just war” o Christian “Just War” Doctrine Seven principles : 1) Just cause -- must be real threat ; 2) competent authority – only sovereign can go to war 3) comparative justice – must create an equilibrium, make the world better ; 4) right intention; 5) last resort – must exhaust diplomacy 6) probability of success; 7) proportionality – actions must be aligned with goals. Catholic Bishops ( The Challenge of Peace , 1983) Can we apply these principles to a nuclear situation? These people say no. Don’t want to use weapons on citizens. o These are RELIGIOUS views 1
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Secular ideas of “natural law school” (16 th & 17 th centuries) o Hugo Grotius (1583-1645) Jus ad bellum & Jus in bello What is a just cause? o John Locke (1632-1704) Posits “laws of nature” applicable to all mankind All human beings should enjoy certain rights, irrespective of culture. Positivism and internal rules of order o Law is the product of the codification of a given society’s standards o States must be bound by agreements freely entered into o 19 th century – people who look at internal role of war. The above 2 school of thought come from above – rules of god, or some “justive” due to all humans.
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