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
theorist and writer of modern system of international law. "Grotion notion of the ocean"
involves majority of world's countries. Norm-making treaties
apply to two states
Pacta Sunt Servanda
requires states to comply with terms of a treaty
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
requires parties to show up for court or suffer legal sanctions
when two states decide to take a case to ICJ for resolution. Stakes are usually low and outcome uncertain
when states sign and ratify to submit disputes to ICJ
Normal Declaration of Acceptance
accept article 36
compromise between those who agree with compulsory jurisdiction and those who do not because they want to maintain state sovereignty
reservation attched to acceptance of the optional clause (basis for UN Security Council)
law enforced without intervention of public authorities
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
voluntary association of soverein states formally constituted to acheive some common objective (intergovernmental organization). Eliminate global anarchy
members are individuals
Three types of IGOs
global, regional, functional
set of principles, norms, rules, that guide state behavior
universal membership. Only global, genreal-purpose organiation. Only org with authority to assume military power for global security
maintains peace and security. 5 permanent members 10 on rotating terms
Great Power Unanimity Principle
winners of WWII have power in security council
issues non-binding resolutions and declarations and serves as forum for discussion. All member of UN represented, majority rule, cannot implement its own decisions
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
supervises UN trust territories and their move toward self-government
can determine when threats are occuring, call on parties to take preventative measures, non-military measures, military measures. Veto is main problem
UN intervenes to maintain peace alrady established
UN intervenes without prior cease-fire established
Uniting for Peace Resolution
when security council is not successful, General Assembly will consider the matter.
threatening veto to get ones way
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