Midterm #2- International Relations Flashcards
(44 cards)
What is international Law
International law is the body of rules and norms that regulate different types of interactions
Ex: interactions between states and IGOs interactions with states
What are the functions of International law?
The functions of international law are that..
1. it set expectations on how to behave
2. sets order
3. helps with disputes
4. describes what is socially okay
5. protects the status quo
What is domestic law
Domestic law is hierarchical system that established top power
ex: police over citizens
What is international law
In International law there is no hierarchy there is just horizontal system meaning everyone is in equal footing
What are the sources of international law? And what do they do? What’s the limit ?
The sources of international law=
1. Customary law: When a hegemon ( sole state) or states solve a problem creating a habit that becomes ingrained
LIMIT of customary law= it is a lengthy process since it takes multiple cases for it to be a custom, some customs can be outdated, customs can change, and they can be ambiguous ( interpreted differently) because it isn’t written
- Treaties: This is the main source of international law that has a written down agreement between states that clearly has rules and obligations. Once radicalized it is LEGALLY BINDING
- Alternative International Bodies
- Some international law bodies can create law ex: United Nations Security Council
- Some can incite customary law–> United Nations Law commission
- courts: International courts justices (ICJ)
What are the five thing treaties do ?
The five thing treaties do is…
1. define what constitutes a treaty
2. lay out rules for how to create a treaty
3. describes the operations of a treaty
4. lay out the rules for filling reservations
5. lay out the procedure for termination/ suspending treaties
How is a treaty created and when is it legally binding?
Steps of treaties:
1- negociation, 2- adopt, 3- signature, 4- ratification, 5- enters into force, 6- acceding
- a treaty becomes legally binding only through ratification even if you sign does not mean it is binding till it is ratified
- acceding means even after treaty has entered into force you can still enter it and ratify.
What are the two roles of the International Courts of Justices (ICJ)? What are the ICJ limits?
The two roles of the ICJ..
- Contentious cases = deal with controversial disputes, ruling is legally binding
- give opinions when asked by the UNGA or UNSC (not legally binding)
The ICJ limit=
- no compulsurary jurisdiction meaning that in order to address a case both parties mist agree to the ICJ jurisdiction
- only states can incite proceedings
- not all states comply
- it only hears out a couple of cases
What are some of the compliance and enforcements
- Vertical Enforcement: institutions enforcing law in different way depending if they are above or below the state level
- Horizontal enforcement processes where states work together to elicit compliance by other states via power and reciprocity
ex: weaker state comply with stronger states or compliance through tit for tat ( reciprocity) - self-interest: states will comply in participating in making treaties and rules because…
- it is in their self-interest to do so since it is only this way that they can make sure their interest are seen.
- They will comply because they benefit knowing other state comply so they will also comply.
- They find it beneficial to lock in their commitments for tranquility - Norms and Ethics:
Norms: treaties are created to uphold norms so they are compelled to enforce them so they can be seen as legitimate
Ethic: states follow the rules because it is the right things to do
What is Vertical enforcement
Vertical Enforcement: legal process which you can force an actor to comply with through the use of enforcement
ex: institutions above state level can enforce through sanctions such as the ICJ and ECJ
BUT
If institutions are below state then they can enforce via universal jurisdiction which is when a actor heinously violates a rule such a humanity rights or through case rulings in states territory with citing international law
What is Horizontal enforcement?
Horizontal enforcement processes where states work together to elicit compliance by other states via power and reciprocity
ex: weaker state comply with stronger states or compliance through tit for tat ( reciprocity)
What are the bodies of international law?
- criminal law
- Law of the Sea
What is criminal law?
- A body of the international law that include treaties related to…
1. procedural issues: info sharing, evidence gathering issues
2. substantive transnational: drug trafficking issues
3. extradition issues: extradition issues must meet the 3 provision of the person extradited must be charged with crime in both states, not be political in nature, and must be tried with reason for extradition.
What is the Law of the Sea?
The Law of the Sea is a treaty that deal with maritime zones and state boarders ( laws regarding resources and fishing )
What is the territorial waters? What is included in the territorial waters?
The territorial waters is part of the Law of the Sea which include…
1. Baseline - just a trace of the state interwaters with full sovereignty
2. Territorial Sea- 12 nautic miles that can only have innocent passing from other state thus no spying, fishing, etc is allowed
3. Contiguous Zone: 24 nautical miles where sovereignty starts to diminish and you just have jurisdiction over crimes committed in area
What is the EEZ “ Exclusive Economic Zone”
The EEZ is the 200 nautic miles extending which the state has no sovereignty and you just have fishing and mining rights
What is economic liberalism and what are its arguments and types of policy it supports?
Economic Liberalism:
- believes in free market that regulates itself
- thinks competition is good
- gov/state involvement should be limited
- comparative advantage = states benefit from trading thing they are specialized in and can produce most efficiently
- believes trade is good for innovation
Policies:
“ Washington Consensus”
–> privatization , fiscal discipline, and property rights
- International Monetary Fund (IMF)
–> lending money for stability
- World Bank
–> tends to lend poor states for reconstructions and development with low interest rate and seen as most reliable.
What is economic nationalism and what are the policies it supports ?
Economi nationalism…
- zero sum = states must compete for wealth
- international system must compere for power
- states should intervene in market
- ROOT: Mercantilism ( wealth built from silver and gold, and government pursued of self interest) and that politics dominate economics law.
Approach: “ Beijing Consensus” - idea built on China’s development experience including innovation, direct government ownership, less US interferences, political goals of self determinism
policies:
- Asia Infrastructure: Investment Bak which loan designed to stimulate long term growth with infrastructure related to energy, transportation, and water
- New Development Bank
–> designed by BRICS , loans and participation to support public and private projects
What are fiscal policies ?
Fiscal policies are an effect on government policies like revenue and expidenture policies that are meant to stimulate the the economy
Ex:
- it can increase spending by decreasing tax
OR
- it can slow down the economy/ budget by cutting it and increasing tax
What happens when The economy is in a recession, with high unemployment and slow economic growth.
In a fiscsal policy
The government implements expansionary fiscal policy by increasing public spending on infrastructure projects (like building roads and bridges) and cutting income taxes to encourage consumer spending.
- increase in government spending stimulates demand for goods and services, which helps businesses hire more workers and boosts overall economic activity.
The economy is overheating, with high inflation and demand outpacing supply, leading to rising prices.
fiscal policy
The government introduces contractionary fiscal policy by cutting back on public sector spending and raising taxes to reduce disposable income.
- Reduced demand helps slow down inflation by limiting excess spending, which stabilizes prices and cools the economy.
What are monetary policies ?
Monetary policies are policies that control money supply via printing money and manipulation of interest rates
Ex: they can increase money supply by buying more government bonds and lowering interest rates
- they can decrease money supply by selling gov bonds and increaseing interest rates
Ex of monetary policy: The economy is in a slowdown, with low growth and high unemployment. Consumer spending is weak, and businesses are hesitant to invest.
the central bank (e.g., the Federal Reserve) implements expansionary monetary policy by lowering interest rates and increasing the money supply through open market operations (buying government bonds).
- Outcome: lower interest rates make borrowing cheaper for consumers and businesses, encouraging spending and investment.
As borrowing increases, demand for goods and services rises, helping to boost economic activity and reduce unemployment.
Ex of monetary policy: The economy is experiencing high inflation, with prices rising quickly due to too much demand and too little supply. People are spending rapidly, which further pushes prices up.
- The central bank implements contractionary monetary policy by raising interest rates and reducing the money supply through open market operations (selling government bonds).
- Outcomes:
Higher interest rates make borrowing more expensive, reducing consumer spending and business investment.
As spending slows, demand for goods and services decreases, helping to reduce inflationary pressure and stabilize prices.
