International society and law Flashcards
(21 cards)
Define social order
Social order can be understood as stable and regular patterns of behaviour (Hurrell, 2007)
Define international order
Raymond Aron viewed international order as the minimum conditions for coexistence among states, with a focus on avoiding harm. (Hurrell, 2007)
Define Westphalian sovereignty
Westphalian sovereignty is the principle that each state has exclusive sovereignty over its territory. (Keene, 2002)
Why may nations obey the rules of the international community?
(Franck, 1990)
Nations > obey international community rules > confirms their membership and statehood.
UN limits a country’s sovereignty, but also confirms its statehood and entitlement to equal rights.
How can international law contribute to international order according to Lowe?
(Lowe, 2001)
by establishing rules and standards for the conduct of states and other actors > + providing a means for resolving disputes, and promoting cooperation and stability.
Chinkin (2008) > ). ‘Human Rights and the Politics of Representation’
Growth of the UN and its focus on transnational issues > non-State actors (e.g. NGOs) are able to direct change.
Chinkin > non-State actors (i.e NGOs) “may alter human rights practices > mandate new modalities in international law-making.”
Slaughter (2000) > ‘Governing the Global Economy through Government Networks’.
Sovereignty in post-Cold War world > defined by the power to participate in international institutions.
Slaughter (2000) > IOs > states able to interact meaningfully with other actors.
What contribution does international law make to international order?
o Resolution of Disputes
o Protection of Human Rights
o Regulation of International Trade
o Preservation of the Environment
o Promotion of Peace and Security
5 points AGAINST the view that international law contributed to international order
o Lack of enforcement mechanisms
o Power imbalances
o Cultural and ideological differences
o Limited scope
o Conflicting obligations
How does international law regulate International Trade
Through instruments like the WTO’s
- ‘Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)’
- ‘the General Agreement on Tariffs and Trade (GATT)’
How does international law protect Human Rights
instruments:
1) ‘Universal Declaration of Human Rights’
2) ‘International Covenant on Civil and Political Rights’
How does international law resolve disputes
Mechanisms > 1) diplomacy 2) negotiation 3) mediation, and 4) arbitration.
How does international law preserve the environment
instruments > UN’s
1) ‘Framework Convention on Climate Change’
2) ‘Convention on Biological Diversity’
How does international law promote peace and security
instruments:
1. United Nations Charter
2. The Geneva Conventions,
3. international bodies like the International Criminal Court.
Why does international law lack enforcement mechanisms
International law relies on voluntary compliance, and for members to act
Why are there power imbalances when it comes to international law
International law is shaped by > interests and power dynamics of states > leading to inequalities
What’s the problem between cultural and ideological differences and international law
Different states > different cultural and ideological perspectives > difficult to reach consensus
Why does international law argued to have limited scope
only applies to certain areas > not address all issues important for maintaining international order.
What happen when conflicting obligations with international law
States may have conflicting obligations under different areas of international law»_space; leading to tension + difficulties in implementation.
The conflict between international order and shared vision
International order > ‘the minimum conditions of coexistence’ (Aron 1965),
thus avoids any discussion of values or shared visions (Reus-Smit 2019).
Proof for a natural order?
Bull’s (1977) > study of the anarchical society of states
Even though there was ‘no common power to enforce law or to underwrite cooperation’ > the society was conscious of common rules and values.
