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Enforcement Mechanisms: State
Retaliation, Reciprocity, Reputation
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Periods of International Law
Classical System (1648-1918)
Modern System (after WWII)
- Classical System (1648-1918)
- Peace of Westphalia (1648) after 30 years war
- Boundaries adjusted
- State: sovereign, equal, no right to interfere with internal affairs of States, collective security
- Focus on expanding boundaries of sovereignty
- Sovereign State as the only subject of international law
- Modern System (after WWII)
- Attempt to organize international community for common good
- Ban use of force except in self-defense Multiple actors in international law
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Sovereignty (naturlaist v. positivist)
- Naturalist Perspective: there are universal principals of justice which States are bound without consent
- Positivist Perspective: law is man-made, there is no higher authority, States are bound only if they consent
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Influence of World Wars (Before, WWI, WWII)
- Up to WWI
- Colonialism, imperialism, right on humanitarian intervention, no ban on use of force
- WWI
- League of Nations:
- Disarmament, collective security
- No outright ban on use of force (3 moth cooling off period)
- Permanent Court of Justice: attempt to codify rules of international conduct & upheld by court
- WWII
- United Nations:
- Ban use of force except self-defense
- Power to use economic, military sanctions on aggressor States
- Protection and extension of dignity to people (telling States how to behave towards citizens
- International Court of Justice
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