History of IL Flashcards
(23 cards)
International law and imperialism in the long 19th century
- International law’s universalization is inextricably linked with the spread of European empires, both formal and informal, across the world
- Non-western entities’ sovereignty was recognized in order for them to be able to conclude agreement which either extinguished or limited their sovereignty
- International law regulated not only the conditions for takeover of new territories, but also mediated conflicts between colonial powers
Was the 19th century international system Westphalian?
The 19th century saw the rise of the sovereign state/nation-state on the European model, but semi-sovereign and non-sovereign entities abounded
Examples of non/semi sovereign entities present in the 19th century
- Colonies (Jamaica)
- Protectorates (Trucial States)
- “Congo free state”
- Condominiums (New Hebrides)
- Suzerain/vassal (UK/South African Republic)
- Dominions (Canada, Australia)
- Leased territories / concessions
The “standard of civilization”
- A putative set of criteria states (usually non-Western) had to meet before being admitted to the “Family of Nations”
- Was it an objective set of criteria to be achieved (Gong) or a moving goal that could never be achieved (Anghie)?
- Non-western states which retained their legal sovereignty had an ambiguous position within the international system (Japan, China, Siam, Abyssinia, etc.)
The rise of institutions in the 19th century
- The 19th century marked the beginnings of new type of international legal institutions
- This ran parallel with the shift from natural law to positivism - with more state practice to draw on, the positivist approach became more viable
What types of institutions came about during the 19th century?
- Intergovernmental organizations (IGOs)
– First entities other than states to have a distinct legal personality - First IGO: the Central Commission for Navigation on the Rhine (CCNR, 1815)
- Other important IGOs
– International Telegraph Union (1865)
– Universal Postal Union (1874), the rise of permanent secretariats - International NGOs: the International Committee of the Red Cross (1863)
- Growth in technology an important impetus for the development of IGOs
Codification treaties in the 19th century
Utilitarians like Jeremy Bentham pushed for the codification of international law, in the belief that it would enhance its binding effect:
- “The happiness of the human race would be fixed, if it were possible to raise these two classes of law to the rank of complete and organized laws”
Important codification landmarks during the 19th century
- Congress of Vienna (1815)
– Law on diplomatic agents and diplomatic missions - First Geneva Convention (1864)
– Treatment of wounded combatants and civilians - Hague Conventions (1899 & 1907)
– Permanent Court of Arbitration
– Laws of war
– Prohibition on use of certain weapons (eg. aerial bombardment, gases)
What was the aftermath of WW1 in terms of institutions?
- The enormous destruction wrought by the First World War fueled demands for a new type of international order with the aim to ensure peace
- The League of Nations (1920) created the Treaty of Versailles (1919) to maintain world peace through:
– Disarmament
– Collective security
– Peaceful settlement of international disputes
What was the aftermath of WW1 in terms of self-determination?
- Self determination - the idea that people had the right to their own sovereign states - became established
- But who is people? How are boundaries to be drawn?
- In practice, self-determination did not extend to non-Western people
About the members of the League of Nations
- The League was dealt a blow when the United States Senate declined to ratify the Treaty of Versailles (1919)
- Members were mostly sovereign states, though British dominions joined individually, as did British India
- With few exceptions (USA, Saudi Arabia, some micro-states), all internationally recognized states were members at some points
- German colonies etc. were taken under international trusteeship through the LoN
How was the League of Nation’s record?
The League had a mixed record
- On the one hand, it solved a number of international disputes, combatted epidemics and slavery, resettled refugees, strengthened international law, concluded disarmament treaties, etc.
- On the other hand, the collective security mechanisms never fully functioned because of political considerations and it was unable to prevent the outbreak of the Second World War
Japanese invasion of Manchuria (1931) and LoN
- LoN appointed commission of investigation which found against Japan
- In reaction, Japan withdrew from the League
Italian invasion of Abyssinia (1935) and LoN
- LoN imposed economic sanctions on Italy
- The sanctions were ineffective, enforced half-heartedly, and soon dropped by most powers
Soviet invasion of Finland (1939) and LoN
In almost its very last act the LoN expelled the USSR but by then it no longer mattered
The rise of international criminal justice following WW2
- Attempts had been made after the First World War to prosecute individuals for war responsibility and war crimes
- But it was only after the Second World War that international criminal law really came into being
What were defendants in the Nuremberg and Tokyo trials prosecuted for?
- Crimes against humanity
- Crime of aggression
- War crimes
- (Genocide was created via the Genocide Convention of 1948 thus not useable during the trials)
What did new treaties following WW2 include?
New international treaties included
- Universal Declaration of Human Rights (1948)
- Refugee Convention (1951)
- General Agreement on Tariffs and Trade (1947)
New regional treaties included:
- Treaty of Paris (1951) creating the European Coal and Steel Community
What are the key UN components for international law?
- General Assembly
– Power to pass non-binding resolutions - soft law - Security Council
– Enforcement organ in cases of major breaches of international law - International Court of Justice
– Peaceful settlement of international disputes - International Law Commission
– Progressive codification of international law
Decolonization/Self-determination in the post-WW2 era
- Much post-war decolonization took place before the emergence of an international norm against colonialism
- 1960: United Nations General Assembly Resolution 1514 (Declaration on the Granting of Independence to Colonial Countries and Peoples)
- UN then became a platform for the Third World to delegitimize colonialism - and sovereign states became the only acceptable mode of self-determination
What was the guiding principle of decolonization/self-determination during the post-WW2 era?
Uti possidetis juris (as you possessed)
- Colonies achieved independence within existing colonial boundaries (with possibility of partition at time of independence)
- This principle was meant to avoid civil wars, but still numerous wars were fought within post-colonial states as a result
What was supposed to happen post-Cold War?
- The end of the Cold War was supposed to remove the main remaining obstacle to a new, legalized, international system - cf. the First Gulf War
- But quickly fissures began to emerge
Key areas of contention following Cold War in IL?
Sovereignty/non-interference
- Increasingly viewed by many Western countries as an obstacle to the spread of human rights and democracy
– But remains a core principle of international law prized by non-Western countries
Key institutions of the post-Cold War era
- A perception that they have not adjusted to the changes in the international order since their creation
