POSC 2200 – International POSC 2200 – International Law, International Law, International

Organizations, and Non-Organizations, and Non-Governmental OrganizationsGovernmental Organizations

Russell Alan WilliamsRussell Alan Williams

Department of Political ScienceDepartment of Political Science

Unit Four: International Law, International Unit Four: International Law, International Organizations, & Non-Governmental OrganizationsOrganizations, & Non-Governmental Organizations

““International LawInternational Law””

Required Reading:Required Reading: Globalization of World PoliticsGlobalization of World Politics, Chapter 18., Chapter 18. Roth, Roth, The Case for Universal JurisdictionThe Case for Universal Jurisdiction

Outline:Outline:1.1. IntroductionIntroduction2.2. Origins of International LawOrigins of International Law3.3. The Expanding Reach of International LawThe Expanding Reach of International Law4.4. International Law and WarInternational Law and War5.5. ConclusionsConclusions

1) Introduction:1) Introduction: ““International LawInternational Law””: The formal rules of conduct : The formal rules of conduct

states acknowledge in international politicsstates acknowledge in international politics

Never more debate about international law then Never more debate about international law then now . . .now . . . E.g. Invasion of IraqE.g. Invasion of Iraq E.g. Independence of KosovoE.g. Independence of Kosovo

Debates highlight problems of Debates highlight problems of ““International LawInternational Law””1) Sources and legitimacy?1) Sources and legitimacy?

2) Enforceability?2) Enforceability?

Traditional view has been highly skeptical about Traditional view has been highly skeptical about international law = influence of international law = influence of ““realismrealism”” Text: Text: ““. . . . international law is either a servant of . . . . international law is either a servant of

the powerful or an irrelevant curiosity.the powerful or an irrelevant curiosity.””

However, contemporary view is that international However, contemporary view is that international law is a law is a ““corecore”” institution in international politics institution in international politics ““Neoliberal InstitutionalismNeoliberal Institutionalism”” – all states wish to – all states wish to

reduce uncertainty of anarchy and international reduce uncertainty of anarchy and international law is a key mechanisms for helping states law is a key mechanisms for helping states overcome incentives to not cooperateovercome incentives to not cooperate

““ConstructivismConstructivism”” – International law generates – International law generates key norms for state behaviorkey norms for state behavior

Sources and legitimacy of Sources and legitimacy of International LawInternational Law comes from:comes from:

a) a) CustomCustom b) b) TreatiesTreaties c) c) Authoritative bodiesAuthoritative bodies d) d) CourtsCourts

Result uneven - simply not as Result uneven - simply not as ““legitimatelegitimate”” as domestic as domestic law law

Lack of legislature = Contradictions?Lack of legislature = Contradictions? Lack of enforcement = Precedents for Lack of enforcement = Precedents for

illegalityillegality

2) Origins of International Law:2) Origins of International Law:

a) Customa) Custom - Modern components of international - Modern components of international law influenced bylaw influenced by

European religion = European religion = ““godgod’’s lawss laws”” were superior to were superior to those of any state – Christian states were obliged to those of any state – Christian states were obliged to act in a way that was consistent with religious act in a way that was consistent with religious doctrine.doctrine.

These idea began to disappear in 19These idea began to disappear in 19thth and 20 and 20thth centuries centuries as international law became more judicial and as international law became more judicial and legalistic, but international law is still legalistic, but international law is still ““westernwestern”” . . . . . . . .

Customs of European statehoodCustoms of European statehood Rights of DiplomatsRights of Diplomats ““Law of the SeaLaw of the Sea””

Provisions emerged out practice but have become Provisions emerged out practice but have become ““codifiedcodified””

b) b) TreatiesTreaties – substitutes for – substitutes for legislationlegislation E.g. Key texts that establish longstanding legal E.g. Key texts that establish longstanding legal

principlesprinciples E.g. Legally binding on states that have ratified them E.g. Legally binding on states that have ratified them

(meaning?)(meaning?)

Peace of WestphaliaPeace of Westphalia (1648) (1648) Treaty of VersaillesTreaty of Versailles (1919) (1919) Charter of the United NationsCharter of the United Nations (1945) – Clearly (1945) – Clearly

specified both the rights and the obligations of specified both the rights and the obligations of member statesmember states

c) c) Authoritative bodiesAuthoritative bodies – E.g. codifying customary – E.g. codifying customary law or NGO-promoted law or NGO-promoted ““new lawnew law””

E.g. UN International Law CommissionE.g. UN International Law Commission

d) d) CourtsCourts – both international and domestic – both international and domestic E.g. E.g. ““International Court of JusticeInternational Court of Justice”” (ICJ) (ICJ) E.g. E.g. ““International Criminal CourtInternational Criminal Court”” (ICC) – Most (ICC) – Most

ambitious effort to create international law in which ambitious effort to create international law in which individuals are also subjects and agentsindividuals are also subjects and agents

E.g. E.g. ““Universal JurisdictionUniversal Jurisdiction””

Enforceability of International Law?Enforceability of International Law?

Often relies on moral suasion . . Often relies on moral suasion . . . .. .

Can be Can be ““enforcedenforced”” through through diplomacydiplomacy

E.g. Negative SanctionsE.g. Negative SanctionsE.g. CompellenceE.g. Compellence

However, suggests international However, suggests international law can only be tool of powerfullaw can only be tool of powerful

What does this mean?What does this mean?

Recent decades have seen efforts to expand international law, Recent decades have seen efforts to expand international law, placing human rights above sovereignty and making law placing human rights above sovereignty and making law enforceable(!)enforceable(!)

Prosecute Prosecute individualsindividuals who violate international law – more who violate international law – more systematicsystematic

1) 1) ““International Criminal CourtInternational Criminal Court”” (ICC) (ICC)

2) 2) ““Universal JurisdictionUniversal Jurisdiction””: Legal concept empowering : Legal concept empowering states to claim authority beyond their own territory for states to claim authority beyond their own territory for the purposes of punishing crimes which:the purposes of punishing crimes which:

Violate laws of all statesViolate laws of all states Violate basic human rightsViolate basic human rights

Domestic courts can prosecute non-nationalsDomestic courts can prosecute non-nationals Implications???? Implications???? ““Pinochet CasePinochet Case””

3) The Expanding Reach of 3) The Expanding Reach of International Law:International Law:

Criticizes KissingerCriticizes Kissinger’’s opposition to s opposition to ““Universal JurisdictionUniversal Jurisdiction”” and ICC and ICC

American American realistsrealists worried . . . worried . . .

1) Innovations violate US sovereignty1) Innovations violate US sovereignty

2) Practical problems – will result in 2) Practical problems – will result in other countries prosecuting US officialsother countries prosecuting US officials

E.g. US role as E.g. US role as ““policemanpoliceman”” places it places it at risk at risk of unfair war crimes of unfair war crimes allegationsallegations

Kenneth Roth: The Case for Universal JurisdictionKenneth Roth: The Case for Universal Jurisdiction

Abu Ghraib?Abu Ghraib?

““Haditha MassacreHaditha Massacre””??

Kenneth Roth: The Case for Universal JurisdictionKenneth Roth: The Case for Universal Jurisdiction

4) Conclusion:4) Conclusion:

Room for a great deal of theoretical debate about Room for a great deal of theoretical debate about the role of the role of ““International LawInternational Law””

RealistsRealists & & RadicalsRadicals – power is more important – power is more important then rules and institutionsthen rules and institutions

LiberalsLiberals & & ConstructivistsConstructivists . . . ? . . . ? Rules make us more secure – we should design rules Rules make us more secure – we should design rules

that meet our needsthat meet our needs

E.g. Transition from sovereignty to human rightsE.g. Transition from sovereignty to human rights

5) For Next Time . . .5) For Next Time . . .

“International Organizations and Non Governmental Organizations” Globalization of World Politics, Chapters 19, 20 and 21.

Thomas Weiss, “The Illusion of UN Security Council Reform,” The Washington Quarterly, Vol. 26(4), (2003), Pp. 147-161. (Available from the instructor.)