INTERNATIONAL LAW

~The Basics~Creating IL~Primitive Nature~Adherence

International Law

Its Roots Western influenced European, then US domination Father of International Law

Age of Reason Natural Law¤

Hugo Grotius (1583-1645)

Trends Increased over time

More actors More contact

Increased interdependence Set rules Coordinate policies¤

Issues Early law war Contemporary law

transnational issues Differences between

cultures Cultural relativism¤

Creating Int’l Law Sovereign states pursue self-interests Based on customs & agreements

Bilateral, multilateral pacts Form IGOs

Help establish agreementsMonitor adherence

UN Int’l Court of Justice, UN Atomic Regulator, UN Environmental Programme, many more for diff. issues

INTERPOL

Coordinates policing

IMF Monetary regulationWTO Trade regulation

Creating Int’l Law: Mercury AgreementWhy is the Minamata Convention important?

Mercury exposure = highly toxicBad for people

Inhale, ingest, skin contactHarms environment

Seeps into soil, pollutes water, poisons animals and plants

Minamata, Japan- one of world’s worst cases

Local chemical plant water pollutionMinamata Disease

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Creating Int’l Law: Mercury Agreement (cont.)

What does it regulate? Supply, trade, use Emission reduction in mining, power

plants, metals production

Why did 140+ states agree? In their self-interest Straightforward, uncontroversial objective Won’t restrict coal burning

24% emissionsRelatively easy fix

Primitive Nature Based on customs, agreements

Coastal territory No overarching enforcement authority

Sovereignty Requires cooperation

Self-interests¤

AdherenceSo, is international law really law?

Compliance is voluntaryRussia and Crimea – UN declares vote illegal

Means of enforcement Most states obey international laws- Why?

Ex. : U.S. compiles with WTO cotton subsidy ruling

ReputationLong-term benefits v. short term lossesEmploy means to convince states to complySets precedence for cooperation

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AdherenceWhat is at issue in A Line in the Sea?

Peru and Chile have maritime boundary dispute Peru turned to International Court of Justice (ICJ)

Wants more territory1952 ‘treaty’ was just fishing agreement

What was the ruling? ICJ- Peru gets more territory

Hito 1 was customary line Chile keeps inshore control¤

Adherence

Why will Peru and Chile likely comply? Each got some territory Got ICJ ruling- good to abide by it Trade interests ICJ might use Bolivia’s complaint against

Chile if it doesn’t abide¤

http://myphilippinelife.com/south-china-sea-territorial-disputes-in-depth-report-by-new-york-times/

AdherenceWhat is at issue in Force Majeure?

China claims lots of the South China SeaExclusive Economic Zone (EEZ) claims

Philippines claim Spratly Islands, EEZ IGOs to settle dispute: UN, ASEAN

Vietnam claims Paracel Islands, EEZLed to rioting

Why doesn’t China comply? Claims are valid; UNCLOS is wrong

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AdherenceHow are these issues similar to other issues?

China’s SCS claims Germany’s Sudetenland claims Russia in Crimea

Indonesia’s EEZ with fishing Claims are for economic gain

WTO rulings Solar panels, steel, and Jeep tariffs

U.S. intervention unlikely Similar to Taiwan situation

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~ The Basics~Creating IL~ Primitive Nature~Adherence

International Law: Recap

IL & Lord of WarHow does Lord of War demonstrate IL is

primitive? IL regulating weapons trade

Based on agreementsATT

Means of enforcementIGOs lack real authority

Compliance is voluntaryUp to the states

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IL & Lord of War

What issues/events does Lord of War address? CW-arms build-up; post-CW sales

P-5 biggest arms dealers Civil war

Child soldiersRefugee camps

Human security issuesHealth, poverty, lack of opportunities

Transnational crime Illegal trade in guns, blood diamonds, drugs

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