Sovereignty is the foundation of modern international law. Nations work to reserve the right to perform within their own territories in any manner they choose.
Hugo Grotius (1583-1645) was an influential Dutch scholar and diplomat who wrote about international law, basing his writings on natural law. Grotius believed that nations should resolve their conflicts using judicial procedures, rather than war.
The Bush Doctrine promotes acting preemptively against rogue states and terrorists, leading to the assumption of preemptive war as just. Does this doctrine justify undertaking preventive war?
Legal restraints against war have increased steadily since World War I. However, U.S. actions (promoting preemption as a legal right) in the aftermath of the September 11 attacks have been questioned by many nations.
The 1968 Nuclear Nonproliferation Treaty (NPT) is the most symbolic multilateral arms agreement, with 189 signatory countries. Five of these countries possess nuclear weapons: United States, Russia, the United Kingdom, China and France. Four recognized sovereign states are not part of the treaty: India, Israel, Pakistan and North Korea.
The International Court of Justice is also known as the World Court. Established by the charter of the United Nations, it is the highest judicial body on earth, and is located at the Peace Palace, The Hague (Netherlands.)
Normative disagreements are those based on personal values.
Chapter 10: International Law and Organization as Alternative Paths to Peace
Copyright 2010 Cengage Learning The Annual Frequency of New International Crises Since World War I 2
Copyright 2010 Cengage Learning International Law The set of rules and obligations that states recognize as binding on each other. Trade (WTO) The environment (Kyoto Protocol) The conduct of war 3
Copyright 2010 Cengage Learning History of International Law Grotius’ Just War There must be just cause for going to war War must be declared by legitimate authorities The means used in war must not be inhumane The means used in war must be proportional to the ends obtained Jus ad bellum: The justice of a war Jus in bello: Justice in a war 4
Copyright 2010 Cengage Learning Amending the Just War Doctrine How to deal with weapons of mass destruction? War on terrorism Bush Doctrine Revolution in military affairs Doctrine of military necessity 5
Copyright 2010 Cengage Learning The Legal Prohibition Against Initiating Wars, 1815-2008 6
Copyright 2010 Cengage Learning The Changing Status of the Nonintervention Norm in International Law Since 1820 7
Copyright 2010 Cengage Learning International Law in the Twentieth Century League of Nations The Kellogg–Briand Treaty of 1928 The 1925 Geneva Protocol Universal Declaration of Human Rights 1968 Nuclear Nonproliferation Treaty GATT WTO 8
Copyright 2010 Cengage Learning Sources of International Law International conventions International custom The general principles of law recognized by civilized nations 9
Copyright 2010 Cengage Learning Enforcement of International Law The International Court of Justice (ICJ) Enforcement by specific treaty organizations (i.e., WTO Dispute Settlement Body) Self-enforcing 10
Copyright 2010 Cengage Learning International Norms Ethical principles about how actors should behave Mutual expectations about how actors will behave in certain situations Social identities, indicating which actors are considered to be legitimate 11
Copyright 2010 Cengage Learning Four Paths by which Norms Spread 12
Copyright 2010 Cengage Learning Normative Disagreement Death Penalty The U.S.–Iraq War The Bush Doctrine Terrorists? 13
Copyright 2010 Cengage Learning Human Rights International Criminal Court Genocide Crimes against humanity War crimes 14
Copyright 2010 Cengage Learning Web Links Carnegie Council on Ethics and International Affairs The International Court of Justice Fletcher-Ginn Multilaterals Project United Nations Peacekeeping Operations 15