INTERNATIONAL LAW

~The Basics~Creating IL~Primitive Nature~Adherence

International Law

Its Roots

Western influenced European, then US domination Father of International Law

Age of Reason Natural Law¤

Hugo Grotius (1583-1645)

Trends

Increased over time More actors More contact

Increased interdependence Set rules Coordinate policies¤

Issues

Early law war Contemporary law

transnational issues Differences between

cultures Cultural relativism

Female genital cutting

Gum in Singapore¤

Creating Int’l Law Sovereign states pursue self-interests Based on customs & agreements

Bilateral, multilateral pacts Form IGOs

Help establish agreementsMonitor adherence

UN Int’l Court of Justice, UN Atomic Regulator, UN Environmental Programme, many more for diff. issues

INTERPOL

Coordinates policing

IMF Monetary regulation

WTO Trade regulation

Creating Int’l Law: Mercury Agreement

Why is the Minamata Convention important? Mercury exposure = highly toxic

Bad for people Inhale, ingest, skin contact

Harms environmentSeeps into soil, pollutes water, poisons

animals and plantsMinamata, Japan- one of world’s worst

casesLocal chemical plant water pollutionMinamata Disease

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Creating Int’l Law: Mercury Agreement (cont.)

What does it regulate? Supply, trade, use Emission reduction in mining, power

plants, metals production

Why did 140+ states agree? In their self-interest Straightforward, uncontroversial

objective Won’t restrict coal burning

24% emissionsRelatively easy fix

Primitive Nature

Based on customs, agreements Coastal territory

No overarching enforcement authority Sovereignty

Requires cooperation Self-interests¤

Adherence

So, is international law really law? Compliance is voluntary

Russia and Crimea – UN declares vote illegal Means of enforcement Most states obey international laws- Why?

Ex. : U.S. compiles with WTO cotton subsidy ruling

ReputationLong-term benefits v. short term lossesEmploy means to convince states to complySets precedence for cooperation

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AdherenceWhat is at issue in A Line in the Sea?

Peru and Chile have maritime boundary dispute Peru turned to International Court of Justice (ICJ)

Wants more territory1952 ‘treaty’ was just fishing agreement

What was the ruling? ICJ- Peru gets more territory

Hito 1 was customary line Chile keeps inshore control¤

Adherence

Why will Peru and Chile likely comply? Each got some territory Got ICJ ruling- good to abide by it Trade interests ICJ might use Bolivia’s complaint

against Chile if it doesn’t abide¤

http://myphilippinelife.com/south-china-sea-territorial-disputes-in-depth-report-by-new-york-times/

AdherenceWhat is at issue in Force Majeure?

China claims lots of the South China SeaOther say claims in their Exclusive Economic Zone (EEZ)

Philippines claim Spratly Islands, EEZWants to use IGOs to settle dispute: UN,

ASEAN Vietnam claims Paracel Islands, EEZ

Led to rioting

Why doesn’t China comply? Claims are valid; UNCLOS is wrong

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Adherence

How are these issues similar to other issues? China’s SCS claims

Germany’s Sudetenland claims Russia in Crimea

Indonesia’s EEZ with fishing Claims are for economic gain

WTO rulings Solar panels, steel, and Jeep tariffs

U.S. intervention unlikely; similar to Taiwan situation

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~ The Basics~Creating IL~ Primitive Nature~Adherence

International Law: Recap

IL & Lord of War

How does Lord of War demonstrate IL is primitive? Compliance is voluntary

US allows Yuri to operate Means of enforcement

INTERPOL can’t stop Yuri IL regulating weapons trade

Yuri dodges, finds loopholes¤

IL & Lord of War

What issues/events does Lord of War address? CW-arms build-up; post-CW sales

P-5 biggest arms dealers Civil war

Child soldiers Human security issues

Health, poverty, lack of opportunities Transnational crime

Illegal trade in guns, blood diamonds, drugs

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