The functions of international law include ______ as principal subjects and agents of international law;
states
and international law being concerned with the regulation of _______-______ relations.
inter-state
The scope of international law was confined to questions of _____.
order
These questions of order would concern _______-_______ behavior.
inter-state
All of these funcitons would be considered the ______ area of jurisdiction.
classic
States went beyond pursuit of international order
Who are increasingly becoming recognized subjects of international law? ( 3 things)
Individuals
Groups
Organizations
What are some examples of this?
The war crimes tribunals for Rwanda and the former Yugoslavia
The creation of a new International Criminal Court
Arrent in London of Augusto Pinochet.
International law now concerned with global, not merely international regulation.
This includes international ______, ______, and ______ ______, and ______ law.
trade; environmental; human rights; copyright
Reasons states obey international law
The reasons states obey international law includes the _____ of disorder and reprisal, the desire to be-and appear to be-good _____ of _______ society, and because states have strong ____ to free themselves from _______'s insecurities.
True/ False: Nearly all states care about international law. If false, why?
No state does not care about international law.
States carebecause they want to be members of the ________ community; this is the _____ community of the world.
international; only
Limitations
The limitations of international law include that there is no international ______ for enforcement;
executive
no international ________;
legislature
and no judiciary with ______ jurisdiction.
compulsory
Sources of international law
Sources of international law include political and legal _________, international _____ and _______, judicial __________, general principles of law recognized by _________ nations, and the _______ of international organizations.
List some of the international organizations who are sources of international law. (2 organizations part of the U.N.)
Security Council
General Assembly
What do virtually all laws emerge from?
International customs
What is the dominant source of law today?
International treaties.
Explain how the Security Council acts as a source of international law.
When it passes a resolution, it becomes a law, or the source of one.
How can such laws be changed?
They cannot, unless you override it with another resolution
Other areas of international law
Other areas of international law, which can be described as ________ rights, include ______ rights law, principles of ________, _______ of slavery, _______ of war, _______ against women, and ______ of children.
universal; human rights; sovereignty; abolition; conduct; discrimination; protection
U.N. Charter
The U.N. Charter allowed force for ______-_______, prohibition of _______ (1975) and biological (1997) weapons, and treatment of _____.
self-defense; biological; chemical; POWs
When it comes to self-defense, the law of _____ must be followed.
proportionality
What is the law of proportionality?
A tradition in which the proportionality of a response is compared to the crime that led to the response.
Liberal View of International Law
Liberals believe that there is no international government, but ______ are still needed to keep in check with existing _______.
mechanisms; anarchy
The liberal view on international law is that it is the ______ thing to do;
right
states want to do what is right and _____;
moral
international law _____ what is right;
reflects
states ____ from doing what is right and moral;
benefit
states want to be viewed _______, be respected by ______ opinion, and fear being _____ by pariahs and and losing face and ____ in the international system.
positively; world; prestige
If states do not choose to follow international law, other members have recourse, such as....(4 things)
Diplomatic protests
Reprisals
Economic boycotss, embargoes
Military force
Sovereignty is ____ by international organizations.
weakened
What is used to deal with anarchy?
The balance of power
Realist members emphasize _______-______ mechanisms.
self-help
Liberal members emphasize collective _____ and _______.
action; security
A definition of international law: " An association of ______ established by and based upon a ______, which pursues ______ aims and which has its own special organs to fullfill particular ____ within the ______.
states; treaty; common; funtions; organization
The End of the Nation-State System?
16__ to 19__s?
48; 90
Nation-states are powerful, but new actors may be... (4 things)
IGOs
NGOs
Individuals
Sub-national groups
Since _________, nation-states shared power with new actors.
Westphalia
Nation-states have lost their monoploy on:(4 things)
Violence (terrorism)
Ideas
Communications
Wealth
Many ideas are nor indigneous ideas, but _______ ones, such as ______.
universal; fascism
Who said that states have a monopoly over force?
Weber
What do states now share force with?
IOs, terrorists
Examples of IGOs
United Nations
International Monetary Fund (IMF)
World Trade Organization (WTO)
Organization for Economic Cooperation and Development (OECD, the wealthy country clubs)
Group of 77 (G-77, a meeting group of economic developments)
European Union (EU)
Organization of Petroleum Exporting Countris (OPEC)
Examples of U.N. Organizations
U.N. High Comissioner for Refugees (UNHCR)
Food and Agriculture Organization (FAO)
International Court of Justice (ICJ)
International Labor Organization (ILO)
World Health Organization (WHO)
World Food Program (WFP)
U.N. Industrial Development Organization (UNIDO)
Powers of International Organizations
The membership of an international organization consists of the states that become members in accordance with ______ of the organization's ______.
provisions; constitution
The organization itself decides questions as to _________ of a member state and _____ of a state's membership.
representation; succession
International organizations cannot exercise ______ powers (as can ______ nations), and are governed by the principle of _______.
general; sovereign; specialty
Responsibilities of International Organizations
When might the actions of a newly created organization carry responsibilities?
When that organization has a legal personality.
If the organization harms a member of the state, what should that organization do?
Remedy that harm.
Amd if a member state harms the organization,
vice versa
Dissolution of an international Organization
Dissolution may be covered in the _______ instrument.
constituent
For example, being dissolved by 3/4 majority of the members.
If dissolution is not covered in the constituent instrument, then the organization might be dissolved by a decision of its highest ______ body.
representative
Transfer of certain powers from states to ______ by ______.
IGO; treaty
For example, EEC, now the EU.
International Organizations
Intergovernmental Organizations (IGOs) are associations of _______ states established through ______ agreements.
sovereign; formal
Specialized IGOs with global membership include Interpol (International Criminal Police Comission), OPEC, and NATO.
What does OPEC (Organization of Petroleum Exporting Countries) do?
Keep oil pricing, marketing, etc. of oil stable
What does NATO (North Atlantic Treaty Organization) act as? What was their major concern?
The military organization of western power. Their major concern was stopping communism.
Many IGOs: have ________ bodies;
legislative
dispute resolution _________ to resolve conflicts between member _______;
mechanisms; states
have ____ bodies to facilitate the IGO's operations.
legislative
Supranational Organizations
Supranational organizations have power or influence that _______ national boundaries or governments.
transcends
Supranational Organizations have an _________ authority (comission);
executive
an ______ composed of states (council);
organ
a ______ Assembly;
Parliamentary
a Court of _______.
Justice
What would be an example of a supranational organization?
The European Union
General-Purpose regional IGOs
This would include the European Union, the Organization of American States, and __________ __________(MNCs), such as General Motors, IBM, and Shell Oil.
Multinational Corporations
True/False: Some MNCs have budgets larger thandeveloped countries. If false, why?
False. Some have budgets larger than developing countries.
True/False: Some of these MNCs take advantageof poorer countries.If false, why?
True.
International Organizations: Geneaology of the United Nations
The U.N. is known for it's big-power _______-______.
peace-keeping
The _______ _______ ________ (1815-1822) reorgnized Europe after the __________ Wars and introduced the rules of the ________ _______ _______ game.
Congress of Vienna; Napoleonic; Balance of Power
The _________ _________ _______ (1815-1914) between Austria, Prussia, Russia, Great Britain, et al. was a system of _________ after the Napoleonic Wars which ____________ peace until 1853.
Concert of Europe; consultation; peace
What idea began to develop from all of this?
The idea of multilateralism.
The Quantitative Expansion of IGOs
Expansion during this century is a _______ trend.
modern
Reasons for expansion include increased _______ contact;
international
increased _________;
interdependence
expansion of __________ problems;
transnational
failure of state-centered systems to provide __________;
security
and effort of small states to gain strength through ______ action.
joint
Practical Barriers to IGOs
Practical barriers to IGOs include _______ and _______;
nationalism; sovereignty
________ objections;
political
concentration of ________;
power
and loss of __________ diversity.
cultural
When it comes to concentration of power, what do realists want?
Realists want power concentrated to them.
What do realists believe in to make them want concentrated power?
Zero-sum game
What is an explanation for the loss of cultural diversity?
One culture is hegemonic and absorbs/dilutes another culture. This creates resentment among some people.
League of Nations, 1919-1946
What was the League of Nations designed to prevent?
Another world war.
The prevent wars throught the use of: (4 things)
Arbitration
Disarmament
Open Diplomacy
Collective Security
What is the irony behind the League of Nations?
President Woodrow Wilson was the architect of the the League (14 points); however, the U.S. was not a member.
Why did the U.S. not joing it?
The treaty was not ratified by the Senate.
In the League of Nations, who could block action?
Any member.
Who violated all of these treaties?
Hitler.
General Assembly
The General Assembly is a _______ for members to deliver their _______. Resolutions have no _________ unless states are commited to using ______, which most states are not.
podium; speeches; teeth; force
The General Assemby: had ____ members in 2006;
192
is a ______ for discussing ______ issues;
forum; global
has a membership from which half are from _____ and ______;
Asia; Africa
have budget disputes over ________ payments;
delinquent
membership which expands with _______-_______;
de-colonization
and an increase in _____ voting.
bloc
The post-Cold War era increasingly _______ the General Assembly as __________ shifts back to the Security Council.
marginalized; power
Present Voting Rules in the U.N. General Assembly
For each member, there is _____ vote.
one
Certain categories require ______ vote.
2/3
Otherwise, it's a ______ _______.
simple majority
Possible Options for a New International Organization?
These options include a consensus, votes based on ________, votes based on financial contributions to the ________, and whether or not we should create a ________ international organization.
population
budget
bicameral
Voting in the General Assemnbly - Article 18
Article 18 states that: each member of the General Assembly should have ____ vote;
one
and that decisions of the General Assembly on important questions shall be made by a _______ majority of the members present and voting.
2/3
These important questions shall include: recommendations with respect to the maintenance of international _______ and _______;
peace; security
the election of the non-permanent members of the ________ ________;
Security Council
the admission of new members to the ________ ________;
United Nations
the _______ of the rights and privileges of membership, the ________ of members.
suspension; expulsion
Security Council
The Security Council: organizes and authorizes ______ ________;
collective security
has ______ permanent members with _____ power;
5; veto
can establish _______ forces;
peacekeeping
can authorize _______;
war
and serves as a ______ forum.
negotiation
Who are the 5 permanent members with veto power?
France
Britain
Russia
China
U.S.
True/False: If any resolution is vetoed by any of these countires, the resolution is dead.
True.
There are also _____ temporary members, each serving ______ years.
10; 2
What is an example of the Security Council establishing peacekeeping forces?
The U.N. forces on the Lebanese-Israeli borders.
What wars were authorized by the Security Council?
The second Gulf War and curren Libyan operations
During Cold War, inactive due to veto
As such, for the Security Council, there was: a development of ____________;
peacekeeping
the use of third-party military forces drawn from _____-________ members of the Security Council;
non-permanent
preventing ________ from escalating;
conflicts
securing ________, patrolling ________, and maintaining _______-________
borders; demarcation; cease-fires
respondting to _____ wars and ______ unrest;
civil; domestic
activities include verifying troop ________, conducting and supervising _____, and aiding civil ________ to insure law and order.
withdrawals; elections; administration
UN Peacekeeping: Failure in Rawanda
There was failure when it came to peackeeping in Rawanda because: there was too small of a ________ to prevent genocide;
contingent
and request for additional ______ was denied.
troops
True/False: There were no attempts establish humanitarian protection zones. If false, why?
False. The U.N. tried to establish humanitarian protection zones.
Gulf War II and Iraq Occupation
In the (year) Gulf War, the Security Councial authorized members to "use all necessary means", leading to _______ action by _______ coalitions under ____ command.
1991; military; multinational; U.S.
In (year), during the Iraq War, the Security Council was _______, so the U.S. did not seek formal _____ for the use of force;
2003; divided; authorization
A _____ veto was feared.
French
Secretariat and Secretary general
What is The Secratariat?
An international staff working in duty stations around the world.
The Secratariat carries out the day-to-day work of the ________ ______ and administers ____ and _____ laid down by them.
United Nations; programs; policies
The Secratariat has a staff of about ______, and is headquartered in ______ _____.
8,900; New York
What is at the head of The Secretariat?
The Secretary-General.
The Secretary-General is appointed by the _______ _____ on the recommendation of the _____ _______.
General Assembly; Security Council
True/False: The Secretary-General serves a five-year term. If false, why?
False. The SG serves a five-year renewable term.
Secretary Council: Need for Reform
The problem with the Security Council is that permanent members do not represent _____/______ diversity and do not include major ______ states having ______ power.
geographic/regional; donor; economic
The solutions to this problem includes the increasing the number of permanent members on Security Council to include ______ and _____ (major contributors) and to include major ______ powers (India,Brazil, Nigeria)
Germany; Japan; regional
The Politics of Security Council Reform
The questions and considerations regarding Security Council Politics: How many should be added to the Council?
This number needs to balance representativeness vs. efficiency.
Who should be represented?
For every seat there are multiple contenders, such as India vs. Pakistan, Brazil vs. Argentina
Should the new members have the veto?
Current members will not give up the right to veto, and too many states having the right to veto will lead to a stalemate.
Ban Ki-moon, Secretary General
Moon has little power to act _____/_____ of SC/GA, meaning he has an _____ role.
SC/GA; impartial
International Court of Justice
Where does the World Court meet?
At the Hague
(#) justices serveing(#)-year terms are selected by the General Assembly and Security Council
15; 9
What does the ICJ do with courses brought to it?
Hears them.
What do they provide at the request of the General Assembly and Security Council?
They provide advisory opinions.
True/False: The ICJ initiates proceedings. If false, why?
False. Only states initiate proceedings.
What limits the court's effectiveness?
State sovereignty.
Punishing States who do not comply with International Law
Punishments for states who do not comply with international law includes: issuing ______ protests;
diplomatic
initiating ________;
reprisals
threatening to enforce ______, _______, and _______;
boycotss; embargoes; sanctions
using ______ force.
military
NGOs combine in four ways:
______ NGOs;
International
______ networks and ______ networks;
Advocacy; governance
_______ actors getting _____ recognition
transnational; UN
NGOs
True/False: NGOs include individuals and institutions.
True.
How are NGOs distinguished from IGOs?
It is an international organization consisting of non-governmental representatives and individuals.
True/False: NGOs have international legal status. If false, why?
False. NGOs have no international legal status.
With no international legal status, NGOs do not enter into ______ or other international ______, although they might ______ such agreements.
treaties; agreements; promote
Diversified groups are: (3 things)
Local
National
Transnational
NGOs support base are: (2 things)
Private
Part government-sponsored
NGO membership is: (2 things)
Mass/popular based
Closed
What were the increasing influence and numbers of NGOs enhanced by?
The end of the Cold War.
The increasing influence and numbers have lead to: (3 things)
Concern with global issues
Communications revolution
Various Functions/roles of NGOs
The various functions and rules of NGOs includes: advocating certain ___________;
policies
offering alternative channels of political ____________;
participation
mobilizing mass _______ support;
public
distributing crtical _________ which should have been provided by states;
assistance
monitorization of _____ and of state ________.
norms; practices
What are some examples of NGOs distributing critical assistance that should have been provided by states?
Hezzbollah in Lebanon and Hamas in Gaza
True/False: When it comes to the monitoring of norms and of state practices, in a few unusual cases, NGOs take the place of states.
True
Another function of NGOs is that primary actors are at the ___________ level in mobilizing individuals to act.
grassroots
NGOs reliance on soft power
NGOs have _________ information, expertise, and __________ authority.
credible; moral
True/False: NGOs are politically independent. If false, why?
False. They are politically independent most of the time.
True/False: NGOs influence state behavior. If false, why?
True.
NGOs influence state behavior by initiating formal, legally binding _________.
action
Limits of NGOs
The limits of NGOs include: a lack of ________ forms of power;
traditional
not having _______ or _______ forces;
military; police
not being able to command _________;
obedience
having limited _______ resources;
economic
Having limited economic resources leads to NGOs being dependent on _______.
donors
How do NGOs get donors?
They have to compete for them.
NGOs in History
NGOs in history includes: anti-_______ groups in the late 1780s;
slavery
____ groups in the 1800s;
peace
the International Committee of the ____ _______- for humanitarian treatment;
Red Cross
and international ________ groups.
labor
When was there an explosion in number of NGOs?
After 1970.
What are some examples of humanitarian NGOs? (3 examples)
Red Cross
Amnesty International
Greenpeace
NGO Power: Weaknesses
Weakness of NGOS include: _____ groups working at _______ purposes;
groups; cross
no consistent source of ________;
funds
and legitimacy comprised by lack of _________.
accountability
Federalism and roots of war
War is caused by individual states exercising _______.
sovereignty
Peace will be achieved if states transfer sovereignty to a higher _______ body.
federal
In a federal system, states will be joined together and soverignty transferred to the _______.
collectivity
In a federal system, the root cause of war has been _________.
eliminated
Functionalism
War is caused by _______ deprivation.
economic
Economic disparity cannot be solved in a system of ___________ states.
independent
New _____ units should be created to solve specific economic problems.
functional
People will develop habits of _______, which will spill over from economic _______ to political _________.
cooperation; cooperation; cooperation
In the long run, economic disparities will ______ and war will be ________.
lessen; eliminated
Weakness of the two theories
Federalists: believe states will not accept diminishing _________.
sovereignty
This is because the concern over who gets control is ______, and it is unclear if war can be ________.
controversial; averted
True/False: Funcitonalism states that economic disparity is the main cause of war. If false, why?
False. It states that ecenomic disparity may not be the cause of war.
True/False: Functionaism also states that cooperation may not spill over to other issues. If false, why?
True.
Human Rights
Defining Human Rights
What is the definition of human rights? (2 definitions)
Rights that belong to an individual as a consequence of being human; basic rights and freedoms to which all humans are entitiled.
Human rights often include the right to _____ and _____;
life; liberty
freedom of _________ and ________;
thought; expression
and ______ before the law.
equality
Human rights are conceived of as _________; they apply to all human beings everywhere, and and as a fundamental base, refer to essential or basic human ______.
universal; needs
Human rights are divided into three types
What is the first one associated with?
The Enlightenment.
What aspects of the Enlightnment?
The English, American, and French revolutions, including the rightsto life and liberty and the rights to freedom of speech and worship.
What does the second type focus on?
Economic, social, and cultural rights.
It is associated with revolts against unregulated _____________.
capitalism
This includes the right to ______ and the right to an ________.
work; education
What is the third type associated with?
Decolonization
Political and economic aspirations of least developed countries after WWII included ________ rights, _________ self-determination and _______ development.
collective; political; economic
Human Rights influenced by:
Universal Declaration of ___________ ___________ in 1948;
Human Rights
Treaties and agreements under the auspices of the _______ _________;
United Nations
Is reflected in the _________ _______ (1215)
Magna Carta
Declaration of ___________ (1776);
Independence
The ______ Declaration of the Rights of Man and Citizen (1789)
French
Author
gandalfthegrey
ID
185069
Card Set
International Organizations & International Law Part II