Politics International Law and Organization

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Liberal Institutionalism

creation of a system of international law and establishment of international organizations in order to mitigate anarchy

Aspects of Functional Legal Order

law making, law adjudication, law enforcement

Hugo Grotius

theorist and writer of modern system of international law. "Grotion notion of the ocean"

Multi-lateral treaties

involves majority of world's countries. Norm-making treaties

Bi-lateral Treaties

apply to two states

Pacta Sunt Servanda

requires states to comply with terms of a treaty

Reservations

exclude or modify specifics of treaty. States can formally withdraw

Customary International Law

regulates norms of behavior among states

International Law Adjudicaton

system of courts to supply laws

International Court of Justice

global world court with responsibility of resolving disputes among states under international law

2 Primary functions of ICJ

1. can issue adversary opinions on matters of international law 2. can hear and decide contentious cases between states involving I. Law

Compulsory Jurisdiction

requires parties to show up for court or suffer legal sanctions

Special Aggreement

when two states decide to take a case to ICJ for resolution. Stakes are usually low and outcome uncertain

Thru Treaties

when states sign and ratify to submit disputes to ICJ

Normal Declaration of Acceptance

accept article 36

Optional Clause

compromise between those who agree with compulsory jurisdiction and those who do not because they want to maintain state sovereignty

Connelly Amendment

reservation attched to acceptance of the optional clause (basis for UN Security Council)

Self-help

law enforced without intervention of public authorities

Reprisals

enforcement by states via self-help such as recall of ambassadors, athletic withdrawls, cultural exchange broke off

Characteristics of a "sheriff"

capability, committment to rules, will to act when necessary

Hegemonic Stbility Threory

stability and order in the international system increased when hegemony takes role

International Organization

voluntary association of soverein states formally constituted to acheive some common objective (intergovernmental organization). Eliminate global anarchy

Non-governmental Organization

members are individuals

Three types of IGOs

global, regional, functional

International Regimes

set of principles, norms, rules, that guide state behavior

United Nations

universal membership. Only global, genreal-purpose organiation. Only org with authority to assume military power for global security

Security Council

maintains peace and security. 5 permanent members 10 on rotating terms

Great Power Unanimity Principle

winners of WWII have power in security council

General Assembly

issues non-binding resolutions and declarations and serves as forum for discussion. All member of UN represented, majority rule, cannot implement its own decisions

Secretariat

bureaucratic arm of UN headed by UN Security General. Carries out day-to-day activities

Economic and Social Council

coordinates and oversees economic and social problems. Simple majority

Trustees Council

supervises UN trust territories and their move toward self-government

Collective Security

can determine when threats are occuring, call on parties to take preventative measures, non-military measures, military measures. Veto is main problem

Peacekeeping

UN intervenes to maintain peace alrady established

Peacemaking

UN intervenes without prior cease-fire established

Uniting for Peace Resolution

when security council is not successful, General Assembly will consider the matter.

Closet Veto

threatening veto to get ones way

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