Chapter 5 - The Role of IL and IOs

Question 1

How has the UN developed (originally vs now) (2)?

Answer 1

1) Originally: focused with UNSC on preventing wars
2) Now: new developing states in UNGA: focus on poverty, diease, refugees, sustainability, education and social protection

Question 2

Which provision prohibits use of force?

Answer 2

Art 2(4) UN Charter

Question 3

Which provision permits self-defence of states?

Answer 3

Art 51 UN Charter

Question 4

Why seek UNSC authorisation for use of force (4)?

Answer 4

1) informs govt of potential international opposition (Voeten)
2) shows others willingness to cooperate and form coalition (Thompson)
3) improves chances of domestic support (Chapman)
4) Authorisation reassures intervening state’s military leaders (Recchia)

Question 5

What is R2P (2)?

Answer 5

1) Responsibility to Protect

2) in humanitarian crisis if host govts are unable or unwilling to respond other states are obligated to intervene

Question 6

What is the binding status of R2P? (2)

Answer 6

1) Only laid out in non-binding UNGAres

2) has been invoked a number of times so perhaps becoming customary

Question 7

2 Criticisms of R2P

Answer 7

1) at odds with Westphalian system/territorial sovereignty

2) contested, particularly by non-western states

Question 8

2 Criticisms of HR law

Answer 8

1) UNDHR: secular rendering of judeo-christian tradition (impossible to implement in Islamic context)
2) HR are western-centric (argued by CHI and RUS) - justification for intervening

Question 9

Why is the South-China Sea attractive? (3)

Answer 9

1) potentially resources under sea bed
2) 40% of trade goes through the strait
3) it can cut CHI’s access off

Question 10

How does Liberalism explain ILs and IOs existence? (4)

Answer 10

1) Coordinate state-behaviour
2) Raise costs of defecting in Prisoner’s Dilemmas (Martin)
3) facilitate international cooperation (movement of goods, ideas people)
4) replicate liberal domestic political structures and values in internationally (Slaughter)

Question 11

How does Realism explain ILs and IOs existence? (5)

Answer 11

1) IL and IOs are of secondary importance to power and interests of states
2) IL and IOs shaped by state power (Carr: Law is the weapon of the stronger)
3) IL and IO legitimise state power
4) institutionalise great powers’ values/interests after their decline (Ikenberry)
5) weaker states use it constrain great powers

Question 12

Do realists see IL and IOs as consequential? (2)

Answer 12

1) some no: IL and IOs have no independent impact on outcomes (Mearsheimer)
2) some yes: states can use them to advance their interests and they bring predictability

Question 13

How does Marxism explain ILs and IOs existence? (2)

Answer 13

1) Law is a tool of exploitation by capitalist states

2) IL has been weaponised historically to advance western capital interests (Chimni)

Question 14

How does Constructivism explain ILs and IOs existence? (1)

Answer 14

1) World politics shape IL which in turn shapes state behaviour (Reus-Smit)

Question 15

How does Liberalism explain the EFFECTIVENESS of IL and IOs? (2)

Answer 15

1) Democratic lock-in argument

2) IL and IOs cause conditional cooperation (prisoner’s dilemma)

Question 16

How does Realism explain the EFFECTIVENESS of IL and IOs? (3)

Answer 16

1) states cooperate when faced with common enemy
2) Presence of hegemon ensures compliance with IL and IO
3) States do not feel bound by IL (but raher only submit to obligations they want to follow) (Downs)

Question 17

How does Constructivism explain the EFFECTIVENESS of IL and IOs? (3)

Answer 17

1) shared norms impact whether states comply with IL
2) shared norms underpin the legitimacy and efficacy of IL
3) Norm entrepreneurs play role in making laws effective