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Concepts and models of Int'l Law

Concepts and models of Int'l Law

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Political science part xi Political science part xi Presentation Transcript

  • Part XIConcepts and Models of International Law with International Law Basics
  • Concepts and Models of International Politics and International LawThe study of Political Science builds upon a framework of workable systems, at least in varied theoritical assumptions. Concepts, Models, and theories are tools of Political Analysis.
  • Concept• Is defined as a general idea about something, usually expressed in a single word or a short phrase.• Propagates an idea that appears to be conclusive like the ideas on social graces, rights, power, laws, and many more.
  • Model• Is a theoretical representation of empirical data that aims to advance understanding by highlighting significant relations and interactions like model criteria for public choice and system analysis.• Are merely explanatory mechanism; they more like hypotheses that have yet to be testedPurposeis to represent or resemble fairly well the original reality faithfully as possible
  • Theory• Is a systematic explanation of practical data that is presented as a reliable truth to the public.• A proposition like theories on elitism, pluralism and corporatism among others.• Can be concluded to be more or less true
  • International PoliticsEmergence of World PoliticsCold War; is the period of rivalry with nmo direct hostilities or aggression but a convert act sort of war between ricals the United States dominated West and the (former) USSR dominated East that extended from 1945 to the collapse of communism in the revolution. This period came to exist in 1947 when the so called “Truman Doctrine” was established by the United States.
  • Theories of International PoliticsThere are various perpectives available to scholars and political analysis in respect to how they view or conceptualize international or global politics. Idealism Realism Pluralism Marxism
  • Idealism• Views international politics on the basis of legal norms and moral values.________________________________________________Liberalism is one of the most traditional thoughts of idealism. Liberals, therefore stressed the significance of free trade and interdependence and shun the idea of war as destructive element of harmony and cooperation among friendly states
  • Realism• View international politics on the basis of power politics for state’s quest for national honor and pride over its national interests.• It’s presupposed the belief that nation- states are international actors playing power• Projected the belief that international politics is carried out in a state of nature, characterized not by harmony and cooperation but by anarchical prestige through defining and acquiring their sets of collective goals and integrity.
  • Pluralism• View international politics on the basis balancing power among competing states in international system.• It highlights the permeability of the state, and provides an alternative to the state centrism of the power politics model.
  • Marxism• View of international politics is strangely different from the conventional models started above.• They regard politics as a field where economic power and capital are played between or among nation- states.• Advances a theory of horizontal organization based on international class.
  • The Role Power in International PoliticsPower in international politics is “much sought after in a highly competitive arena by nation-states aiming to hold the reins in all fields of great advantage”
  • Santiago defined power in two setups: Power in a state and Power in International PoliticsNational PowerThe capacity in any human relationship, to control behavior and influence for the attainment of political goals
  • Power in InternationalState power potentials is its capacity to influence or control the behavior of other states for the purpose of promoting its own vital interest.
  • Elements in PowerDEMOGRAPHIC ELEMENTGEOGRAPHIC ELEMENTECONOMIC ELEMENTMILITARY ELEMENTLEADERSHIP AND ORGANIZATIONAL ELEMENT
  • Demographic ElementRefers to the population structure of state, which considers the size, the trend, and the military age structure. A state with a large number of people gains power just from the mass of its application. Population per se serves as a basis of power during war times even if a state does not have a particular good army, it may be difficult to defeat it if it has a large population.
  • Geographic ElementGeography refers to the territorial profile of a state, which includes the waters and subsoil of the political area. In political geography, this element assumes three important considerations.Climate, Location, Size
  • Climatea conducive or tropical climate influences agricultural productivity and work efficiency. Extreme weather conditions peril the states productivity outputs. In international relations however scant production or low productivity in a state may be complemented by economic interdependence and effective importation of productions.
  • Locationthe territorial setting of a state also carries a significant impact on the overall economic growth of a state. Usually, archipelagic states enjoy abundance from maritime resources and make their region more economically feasible aside from being strategically situated territories that invite potential allies not only for economic reasons but also for military purpose.
  • Sizerefers not only to the physical attributes of a state as to a shape or contour but also considers the big location where a political unit is situated. Usually a big state is relatively hard to conquer while a small state can hardly pose a threat to its neighbour.
  • Meanwhile, a state may either expand or shrink its territory through various cited modes prescribed under International Law to wit:Discovery and Subjugation, Conquest, Accretion, Cession, Prescription.
  • Discovery and Subjugation , a mere discovery of a territory would not ripen the ownership claim or the title into perfection, it is imperative that the clamant would pursue effective occupation and subjugation, which must immediately proceed following such discovery.
  • Conquest, the force application ofeither imperialism or colonialism onweakling or loose lands leads to theacquisition or dispossession of newor old territory, as the case may be,
  • Accretion, Boundaries or territorial extents however are changeable and are indefinite given the forces of nature and earthy movements.
  • Cession, Lands may be acquired or discovered by either of the following terms; by gift or by token by purchase or exchange.
  • Prescription, Lands may be acquired over a period of time or it may be lost through a lapse of time
  • ECONOMIC ELEMENTA state in international relations may figure importantly if it has some economic bargaining power or capacity which may not be present in other states.
  • MILITARY ELEMENTRefers to the armed forces profile of a state. Military power must be viewed not only on the standpoint of quantity but also of quality.
  • Leadership and Organizational ElementRefers to the government structure of a state which usually is determined by the form and type of the organization of a state, the attitude of the people or the political culture toward the government and the operation of the government that involves the problem of bureaucracy.
  • Models in Analyzing International PoliticsPower Politics ModelPolitical Interdependence
  • Power Politics ModelCharacterized by seeming rivalry and unending competition and struggle among nation-states in the international system.
  • Political interdependenceAnchored on the premise that no state is self sufficient on its own, a need to deal or relate with another state for purposes of securing national interests and well being became the compelling force to engage in foreign relations.
  • Strategies and Tactics in International Politics Isolation Neutrality Aggression
  • Isolation is the policy of withdrawal from international affairs, and in particular avoiding or military commitment to other states.
  • Neutrality is the absence of partisanship or commitment or a refused to take sides from warring parties, a policy of no commitment to either side in times of war or aggression.
  • Aggression is an actual hostilities or war which is a condition of open conflict between two or more parties.
  • AppeasementGranting of concessions, either willingly or as a result of coercion in order to effect a settlement of a dispute.
  • CompromiseIs a two-way give and take or a mutual process between starts of equal powers.
  • Moreover, there are prescribed actions nation-states may employ in the protection of their national interests or well being namely:Affirmative action, Negative action, Preventive or Anticipatory action
  • Preventive or Defensive warIs tactics that exists when a state strikes an enemy before he is ready for an offensive action.
  • Affirmative actionWhich is an overt act that affirms a nations position or action.
  • Negative actionWhen there exist any agreement not to exercise certain rig.hts and prerogatives
  • Patterns of Power in International Balance of Power Politics - Direct Balance of Power - Pattern of Competition - Conventional Pattern - Collective and Security Theory Power Polarization Theory - Monopoly of Power - Bipolarization - Multipolarization - Theory of Deterrence and Détente - Economic Interdependence and Globalization
  • Balance of PowerThe most common and the oldest theory of international politics where peace results when several dates, improving their national power and forming alliances, balance one another.Typologies of Balance of Power- Direct Balance of Power- Pattern of Competition- Conventional Pattern
  • Direct Balance of PowerThe most simple ad direct is a situation where two states of equal strength want to dominate the other and that the other exist.
  • Pattern of CompetitionThis exist when there is alignment of two or more states against one but similarity that one has also allies.
  • Conventional PatternThis exist when many states of equal strength maintain a balance of power among themselves through a network of commitments and alliances.
  • Collective and Security TheoryIs a theory or practice or resisting aggression through united action by a number of states. Exist when the situation requires all nation-states to join one universal alliance instead of one or more balancing alliance in order to police a misbehaving state (Morgenthau).
  • Power PolarizationThis exist when political powers are either distributed or concentrated among nation- states in the international system which may be: Monopoly of Power, Bipolarization, Multipolarization
  • Monopoly of PowerThis theory exist when political power seemed to be dominated or concentrated into one major state.
  • BipolarizationThis theory exist when political powers are concentrated into two major states.
  • MultipolarizationThis theory exists when political powers is distributed or dispersed among states within the international system.
  • Theory of Deterrence and DetenteThe theory of deterrence aims to contain the aggressive behavior of the state through the fear of retaliation.
  • Economic Interdependence and GlobalizationGlobalization is a complex web of interconnectedness that means our lives are increasingly shaped by decisions and actions taken at a distance from ourselves.Economic globalization reflects the increase in transnational flows if capital and goods, destroying the idea of economic power potentials through economic interdependence and global cooperation as a means of survival in these rather complex international relations.
  • International Law
  • International Politics andInternational Organizations International Politics International Organizations International Law
  • International PoliticsEmphasizes power and constant maneuver in the International arena.
  • International OrganizationLays greater emphasis on legal and ethical considerations, and its institutions are conducive to orderly and cooperative methods of effecting international challenge.
  • International LawLike all laws, rests upon moral and practical foundations, requires the presence of a responsible and orderly society which is firmly dedicated to the sharing of minimal common values.
  • Public Policy
  • Pyblic PolicyPolicy, a course of action or a series of program and adopted by a group or a person or a government in view to address or respond to existing issues or concern.Public, is ass0ciated to a government in power.
  • Public PolicyIs then an action taken by the government to meet a particular demand growing out of the society and consists of the formal and selected decisions of government agencies.
  • PolicymakingA process in two aspects.First, involved a linked series of actions or events, commence germinations of ideas and initiations of proposals.Second, a process in the sense that it distinguishes the ‘how’ of the government from the ‘what’ of government.
  • Policy InitiationInitiation is the primary stage of policy stage of policy agenda that resulted from an issue regarded to come out as a problem if not attended appropriately.
  • Initiation refers to the making of decisions in a certain aspect where a policy initiation determines the political agenda through identification of emerging problems as issues of relevance, and by determining how those significant matters are to be responded to by the government.
  • Policy FormulationEntails the definition of issues, framing of objectives and setting of priorities.Traditional administrative goals:Efficiency, Effectiveness and Economy
  • Policy ImplementationOtherwise called, policy execution refers to putting into the practice and is considered the most problematic area and was taken for granted and seen only as an aspect of administration and not as a feature of politics. Putting policy into practice is still regarded to be technical matter of administration.
  • Liberal State Welfare StateRegulatory State
  • Liberal democracy is a government founded on the consensus and consent and therefore a state has a minimum function that is essential focused on maintaining stability and order.
  • Welfare is a government that provides minimum welfare to all citizens for general welfare or the common good of the people.The general meaning of welfare ishappiness, prosperity and well-being.
  • Regulatory state then set rules and other standards as a major policy instruments rather than relying on direct provision of good and services.
  • • Statement of Facts• Statement of Values• Statements of Explanation
  • Statement of Facts address to the question WHAT or statements that describe reality.
  • Statement of Values refer to HOW good something is, those kind of statement evaluate reality.
  • Statement of explanation refer to WHY something is as it is, which analyze reality.
  • Thank you !