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Public International Law (PIL) Lecture 1.
Introduction to Public International Law.
Terms in this set (25)
Some kind of system binding rules governing interactions
The rules that govern public authorities, not private individuals
Public International Law
The rules that come from and govern the interactions of public authorities
How old is International Law
Circa 1259BC :
Kadesh Peace Treaty between Ramses II and King Hattusili III
Ancient and Medieval Eras
1.Records of the oldest international treaties are found primarily in the Middle East
2.4000 years ago treaty between ancient kingdoms in Mesopotamia in modern Iraq
3.Agreements 2000 or so years ago in China, India, the ancient Greek city-states
4.Later in the Roman Empire and Muslim states
5.Medieval European period also had complex international legal rules, largely based on religious institutions
Topics of IL during Ancient/Medieval Eras
1.War and Peace.
2. Religious practices
3. Protections for foreigners
- comes through logic and morality
-deduced from universal principles
-cannot be found; it exists in nature
-created by sovereigns
-can be found by examining states, looking at treaties and customary practice.
-it is not given, it is man made
-it is whatever states decide it is
What did Grotius do and when?
1623-24: He wrote most important IL texts
- assertion that law does not come from God
- Distinction of the just and unjust war
- freedom of the high seas
What happend in 1648: Peace of Westphalia?
-Treaties of Munster and Osnabruck.
- ended 30 year religious war
- end of the pope
- acceptance of the idea that states interact as equal sovereigns
What was Napoleon's input in IL?
-French revolution was based on human rights ideals, but Napoleon took the power
-He conguered almost all of Europe before being defeated
- Then the big question of what to do in Europe following Napoleon's defeat: international conference.
What things may be recognized when international law system began?
1.The Congress of Vienna at the end of the Napoleonic wars - use of the international conference to discuss matters
2.(European) balance of power among equal states - Concert of Europe
3.Increased use of treaties to accomplish objectives from delivery of the mail to conduct of war
4.Creation of the first international organizations such as the Commission of the Rhine, Commission for the Danube, International Telegraphic Union, Universal Postal Union, International Committee of the Red Cross and the Permanent Court of Arbitration
How was International Law very Euro-centric?
1.Democracy spread through the (European) World, as well as nationalism, revolutions, and the seeds of the notion of "self-determination".
2.The non-European World, however, saw increased colonialization.
3.Then Europe collapsed into the First World War.
What happened after the WWI?
1.Creation of the League of Nations to uphold the peace. It was based in Geneva at the Palais des Nations.
2.The Permanent Court of International Justice was also created in the Hague.
3.However, the institutions created were not strong enough to ensure peace and Europe experienced World War II.
What happened after WWII?
Creation of the UN, in place of the League of Nations. Probably the second most important event in international law since the Peace of Westphalia.
Explain the Security Council
1.permanent five members with veto ("P-5") (France, China, UK, US, USSR)
2.10 non-permanent without veto
3.Can issue binding "Chapter VII" Resolutions that must be followed to protect international peace and security
Explain the General Assembly
1.one vote for each state that is a member of the UN
2.Can issue non-binding resolutions on a wide range of matters
Explain the Secretary General
overall director of the UN Secretariat operations
Explain about the ICJ (International Court of Justice)
1.Can issue binding decisions that states mutually consent to submit to the Court
-No individuals! No NGOs! Only states
2.Can issue advisory opinions on questions of law to organs of the UN
Explain the two big trends characterized the UN for most of its history.
1. Cold War - attacking the international legal system
-Communist or Socialist Legal approach
-Realpolitik; East-West stalemate at the UN (veto on the Security Council), etc.
2. De-colonialization - attacking certain international laws
-Criticism of international law as "European" (or maybe even "Christian")
-Now both of these major trends are essentially over and the UN is only beginning to operate as originally intended
What are the recent trends?
-interdependence of states, individuals, international organizations, corporations, cultures
-possibly the "Americanization" or "Westernization" of the world? Or maybe the universalization of universal values?
2.Expansion of international legal topics
-human rights and international criminal law as a new perspective of international law: the individual; no longer primarily focused on relations between states;
-also increased interest in new topics such as environmental law, blood diamonds, etc.
3.Growth of international organizations
-all (or almost all) states are members of the UN;
-there are also many other organizations such as the EU, European Court of Human Rights, African Union, NATO, etc.;
-growth of judicial tribunals, such as the International Criminal Court, WTO, etc.
-and the use of international peacekeeping troops
Is PIL really law?
We see news reports all the time of violations of international law:
BUT states usually comply!
-All of the PCIJ decisions were followed
-Most ICJ decisions followed
-Most arbitral awards for damages are paid
-International mail delivered
-Ambassadors not arrested
-McDonalds and Starbucks everywhere
-International law has largely been incorporated into national law
What are the forms of punishment in PIL?
state reparations, war criminals, withdrawal of foreign aid, refusal to enter into treaty, breaking off diplomatic relations, unfavorable international loan rates, etc.
Why are states not punished for violations?
There is no international police; each state is the police
Why do you follow the law?
-But also because the law is legitimate - it is morally correct and/or properly enacted by the legislature
-Perhaps international law is just more focused on being legitimate
THIS SET IS OFTEN IN FOLDERS WITH...
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