17.41 S18 Lecture 18B: International Law

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INTERNATIONAL LAWWatterson, Bill. The Complete Calvin and Hobbes. Andrews McMeel Publishing, 2012. Andrews McMeel Publishing. All rights reserved. This content is excluded from our Creative Commons license. For more information, see https://ocw.mit.edu/help/faq-fair-use/.1

PEER INSTRUCTIONWhat role do think there is for international law in the international system? Is it a forcefor good, or for ill?2

INTERNATIONAL LAWNeorealists: International Law is epiphenomenalInternational law scholars: But it does matter!International law: core international institutionRemember: Institution Organization3

INTERNATIONAL INSTITUTIONSThree levels of institutions in international societyDeep or constitutiveFundamentalRegimesBefore the 19th century: Divine lawRise of liberalism and nationalism changed law reciprocal4

CHARACTERISTICS OF INTERNATIONALLAWMultilateralConsent-based (remember ICJ?)Specific languageAutonomousWatterson, Bill. The Complete Calvin and Hobbes. Andrews McMeel Publishing, 2012. Andrews McMeel Publishing. All rights reserved.This content is excluded from our Creative Commons license. For more information, see https://ocw.mit.edu/help/faq-fair-use/.5

IS INTERNATIONAL LAW CHANGING?Traditionally, international law international societyChanges in the system have changed international lawNon-governmental actorsTransnational concerns6

PEER INSTRUCTIONDo you think international law regulates the initiation and conduct of war?7

INTERNATIONAL LAW AND WARThe role of international law most obvious when it comes to regulating the initiation andconduct of warJus ad bellumJus in bello8

WHAT DOES THEORY SAY ABOUT INTERNATIONAL LAW?RealismSkepticalCan you have law without a sovereign?Neo-Lib InstitutionalismInternational law underpinned by rational self-interest of statesLaw is regulative (governs behavior)ConstructivismUnderspecifiedCould be that law is constitutive (shapes construction of self)9

WHAT DOES THEORY SAY ABOUT INTERNATIONAL LAW?‘New’ LiberalismIndividual is primaryEmphasizes the role of domestic politicsLaw binds actors togetherHuman rights law at the ‘core’ of international law because primary law is that governingstate-individual relationsImage courtesy of takombibelot on flickr. This image is in the public domain.10

WHAT DOES THEORY SAY ABOUT INTERNATIONAL LAW?Practice theoryKey question: why do states feel duty bound to observe international law?Answer: Socially constructed through legal practices.Commitment is internalized through participation in legal processes and practices11

WHAT DOES THEORY SAY ABOUT INTERNATIONAL LAW?Critical Legal Studies - How does law work to maintain the system rather than allow for meaningful change?Argues the liberalism of modern international law produces unproductive duality between rationalization ofexisting order and belief that law can civilize international relationsFour critiquesInt’l law is internally inconsistent: law based on particular values of individual states, but law as applied isapplication of objective and value neutral rulesInt’l law based on two pillars: liberal ideology and public international legal argumentLaws do not have singular and objective meaning: they can be used to justify multiple and competingoutcomesInternational law’s authority stems from its own internal rituals rather than an external source12

INTERNATIONAL LEGAL ORGANIZATIONSInternational Court of ArbitrationInternational Court of JusticeInternational Criminal CourtInternational Tribunal for the Law of the SeaUN and UNSC13

MIT OpenCourseWarehttps://ocw.mit.edu/17.41 Introduction to International RelationsSpring 2018For information about citing these materials or our Terms of Use, visit: https://ocw.mit.edu/terms.

PEER INSTRUCTION . What role do think there is for international law in the international system? Is it a force for good, or for ill? 2

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