Politics - International Law Flashcards

(34 cards)

1
Q

Realism

A

Realism involves states (and other global actors) prioritising their specific interest and needs over those of the global community.

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2
Q

Cosmopolitanism

A

Cosmopolitanism reflects a desire among global actors to cooperate to reach common goals and outcomes to meet challenges that are presented to the global community.

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3
Q

Ethics

A

This seeks to address questions of morality and extends to global politics, as global actors are guided by different moral frameworks/positions

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4
Q

Justice

A

Refers to the concept of moral rightness based on ethics, law, fairness and equity that, importantly, also seeks punishment and/or compensation when these ethics are breached.

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5
Q

International Law

A

Traditionally only relating to states, international law is a body of rules established by custom or written legal agreements that are accepted as binding upon the international community.

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6
Q

Cultural Relativism

A

The theory that beliefs, customs, and morality exist in relation to the particular culture from which they originate and are not absolute.

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7
Q

Sovereignty

A

Legitimate or widely recognised ability to exercise effective control of a territory within recognised borders.

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8
Q

ICERD

A

International Convention on the Elimination of all forms of Racial Discrimination

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9
Q

Aim of ICERD

A

Aim: Prohibit racial discrimination and promote understanding among all races

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10
Q

CRC

A

Convention on the Rights of the Child

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11
Q

Aim of CRC

A

Aim: To protect the rights and safety of children across the world

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12
Q

NPT

A

Nuclear non-proliferation treaty

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13
Q

Aim of NPT

A

Aim: Limit the spread of nuclear weapons and promote disarmament, non-proliferation, and peaceful nuclear energy.

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14
Q

CWC

A

Chemical Warfare Convention

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15
Q

Aim of CWC

A

Aim: Bans the use, transfer, development, or stockpile of chemical weapons and requires destruction of chemical weapons within a specified time.

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16
Q

CWC Declaration Requirements

A
  • State parties must declare chemical weapons stockpiles, facilities, and relevant chemical industry information to the OPCW.
  • Declarations required within days of the convention’s entry into force.
17
Q

OPCW - CWC

A

Organisation for the Prohibition of Chemical Weapons (OPCW): Based in The Hague.

18
Q

CWC Destruction Requirements

A
  • Destroy all chemical weapons and production facilities under their control.
  • Include destruction of old chemical weapons.
19
Q

CWC Inspection and Investigation

A
  • Routine Inspections: Chemical weapons and industry facilities.
  • Challenge Inspections: Can be conducted anywhere to address non-compliance concerns.
  • Investigations: For alleged use of chemical warfare.
20
Q

Australia - ICERD Ratification

A

Australia ratified ICERD - 30 September 1975 - Racial discrimination act 1975

21
Q

Australia - ICERD Recommendations

A
  • Indigenous Australians - discrimination across all socio-economical indicators (ie. education, health care, employment, housing).
  • Fastest growing population incarcerated.
  • Need to implement adequate legislation that reflects indigenous history and the impact of colonialism
22
Q

Australia - NPT - AUKUS

A

Fears that Australia may use the nuclear submarines acquired through the AUKUS deal to build nuclear weapons.

23
Q

Myanmar - ICERD

A
  • 1982 Citizenship Act: Denies Rohingya recognition as citizens; labels them as ‘illegal immigrants from Bangladesh’.
  • Statelessness: Leads to lack of access to healthcare, education, and employment, causing chronic poverty and marginalisation.
  • 2017 Crisis: UN described actions against Rohingya as ethnic cleansing
  • Refugee Crisis: Over 800,000 Rohingya refugees in Kutupalong, Bangladesh.
24
Q

Rohingya - Response

A
  • Denial: Refers to Rohingya as ‘Bengali’, denies discrimination, and refuses investigations.
  • China/Russia: Realist approach, less intervention.
  • EU/US/UN: Cosmopolitan, issuing condemnations and calls for action.
25
Realist Response - NPT - North Korea
- The UNSC imposed sanctions (Res 1718) against North Korea after a nuclear test in 2006. - NK withdraw from NPT exercises sovereignty - UNSC passed resolution 1218 to condemn NK after their withdrawal from NPT - Withdrew from NPT in 2003 to ‘enhance its security and dignity’ as a state.
26
Cosmopolitan Response - NPT - JCPOA
- Officially implemented in July 2015 - Limit Iran’s nuclear capability - Ensure nuclear program remains peaceful - Sanctions relief in exchange for compliance - Allow International Atomic Energy Agency (IAEA) inspections
27
Syria - CWC - Realist
- 106 confirmed chemical weapons attacks since 2013 - In order to maintain sovereignty - Syria has ratified CWC - Russia/Iran - Strengthen Assad and regional relationships
28
Sudan - CWC - Cosmopolitan
- In Darfur, 30 chemical weapons attacks have been carried out resulting in 200-250 deaths - Sudan ratified CWC in 1999 - Amnesty - Satellite images, photos and survivor interviews - Al-Bashir faces war crimes and crimes against humanity charges from the ICC
29
ICERD - Article 1
“Racial Discrimination means...Any form of distinction, exclusion, limitation, or primary based on race, colour, lineage which has the intent or effect of negating or damaging the recognition...”
30
ICERD - Article 2
“Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organisation;”
31
NPT - Article 1
NWS must not transfer, assist, or induce NNWS to acquire nuclear weapons
32
NPT - Article 2
NNWS must not receive, manufacture, or acquire nuclear weapons
33
Human Rights Debate
State Sovereignty vs The Responsibility to Protect
34
Arms Control Debate
International Security (any laws) vs State Security (North Korea/Syria)