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International Law
Stetson University School of Law
Nagle, Luz Estella

 
International Law
Spring 2010
Introduction
–          International law is politics
o    The Players
§ The relations between states
§ Organizations
1.       UN
§ Private Players
§ NGO’s (Non- Governmental Organizations)
o    Creation of International Laws
§ The states get together and negotiate laws
1.       Creation of the UN
2.       Treaties
o    Bilateral and multilateral
o    Ie creation of the ICJ
o    WTO- World Trade Organization was created by Treaty
3.       Customary Law
o    Behavior of the nations
§ Duty not to do certain things
o    Violation of International Laws
§ Sanctions by:
1.       The UN
2.       Countries
o    Extraterritorial jurisdiction
o    Embargos
3.       ICJ ( International Courts of Justice)
Documentary on the UN (Broken Promises)
–          Intro
o    Natural law- is the higher law about moral and ethics
§ Murder is wrong
§ Where people use their natural intelligence
o    Positive law- reference to the law of a specific nation at a specific time
§ The US constitution, the UN charter, ect.
o    Sovereignty is the right and attributes which states have in their own territory to the exclusion of other states
§ And it also has to do with how the state interacts with other states
o    What is the International community supposed to do when nations mistreat their own citizens?
§ Should they invade the sovereign nation?
§ How should they act without violating the nation’s right?
o    Globalization is showing us the nations cannot survive without the help of other nations
§ How do we deal with the entities that were created during the League of Nations?
o    Is International Law really law?
I.                    UN
–          UN is supposed to nip aggression in the bud
o    Yet the UN does not do that
–          Issue with the UN human rights commission
o    Half the members are on the commission only to go against the promotion of human rights
§ Sudan, Israel , Cuba
o    Prolongs the problem  rather than fixing the problem
–          International Organization
o    Background History
§ League of Nations
1.       Founded after the First World War
2.       57 countries were members of the League
3.       42 countries, 26 of which non-Europeans
4.       Created to avoid bloodshed of World            
5.       Wanted to bring a unity of the World,
o    4 points doctrine
o    Super national organization
§ Objective body to coordinate how we are to behave in times of war and to help settle disputes between nations.
§ Covenant
1.       The High Contracting Parties
2.       Promote international co-operation and achieve international peace a security
3.       Goals
o    Preserve peace through collective action
§ Not individual
§ Dispute would be referred to the Leagues Council for arbitration
§ Failed
1.       To keep peace WWII
2.       Lacked military power
o    The UN charter states that they shall provide military support but that does not always happen
3.       Depended on members contributions
4.       Members were unwilling to use sanctions
5.       Insufficient moral authority
6.       Several Big Powers failed to support the League
o    The League became the UN
§ The League Council became Security Council
1.       Has 15 members: 5 permanent and 10 others
o    Others are voted in my permanent members based on contribution to peace efforts in the international realm
2.       Permanent members: China, France, UK, USSR, and US ( trying to converge the different nations to bring some kind of unity)
3.       Supposed to be able to act quickly and effectively to resolve any issues
o    They have veto power
o    Can block any of the five permanent members can block Security Council decision
§ Only body whose decisions are binding on all member states
§ Security Council is the principle UN organ responsibility for ensuring peace.
§ Under the UN charter Article 51
1.       Able to use self defense to use force against a country that attacked
o    Keeps sovereignty
–          UN Charter
o    International Treaty
o    Sets Out:
§ Member State’s right obligation
o    Establishes
§ UN organs/ procedures
o    Codifies
§ Major principles of International Law
o    Reads like a contract
§ Like the constitution
–          To be a member you must be
o    Peace loving states
o    Which accept the obligations contained in the charter and carry them out
–          Purpose
o    Cooperation in solving national problem
o    Keep world peace and security
o    Human rights
§ Eliminating poverty , disease, literacy
§ Stop environmental destruction
§ Encourage respect for others
o    Prevention and removal of those who violate the peace
o    Helping nations achieve aims
–          Principles
o    Sovereign equality (all member states)
§ Art 2(1)
o    Obey the charter (must)
o    Settle difference by peace arms
o    Avoid using force/threatening to use force (must)
o    Not interfere in the domestic affairs of any country
o    Assist the UN (Should)
–          What does the Charter mean by Sovereign Equality?
o    Is it “equality for capacity of duties and rights”
o    Why permanent members possess certain privileges?
§ Does this give the permanent members bring inequality to those who are not permanent members. ( increases privilege to the permanent members)
§ This argument can go two ways.
1.       One that they do have increased privilege but this was what was agreed upon when the Charter was drafted
2.       Or that the parties are all equal because the UN cannot act without collective movement.
o    It is “equality of duties and rights”
o    Is each Nation-State equal to the others?
o    Are nation given equal respect by the other Nation-States and a right to self-determination and non-intervention in its internal affairs by other countries or international organizations?
–          Organizatio

     Economic and Social Council
o    Central forum for discussing international economic and social issue
–          ICJ
o    The principals judicial organ
o    Open to all states that are parties to its statutes
–          The Trusteeship Council
–          2007 UN Security General
o    Ban Ki-moon
–          Corruption
o    Oil For Food Program
§ There was great profit made from the corruption in the program
Peacekeepers
–          General Assembly took action in Korea after the Security Council deadlocked.
o    Only authorization can be found in Article 14. 
–          Are said to come from Chapter 6 ½ , A mixture of chapter 6 and 7
–          The traditional use has been used in peacekeeping among states
–          Financial Aspects
o    GA has the power of the purse
§ Set the budget
–          Falls under public international law- Conflict management ( Jus Ad Bellum)
–          Peace Operations and UN Charter
o    UN Charter Plan à Collective security
o    Under Charter à Sec. Council primary responsibility: International Peace and Security
o    Chapter VI à Pacific Settlement of Disputes
o    Chapter VIIà Actions with respect to Threats to the peace, Breached of the peace, Acts of Aggression
–          Origins of PO
o    Cold War:
§ Security Council veto affected UN functioning
o    Peacekeeping
–          Evolution
o    Pragmatic solution: No legal basis
o    For 40 plus years peace keeping
§ was based on interstate conflict
§ Conduct post an agreement
§ Separated force or monitored agreement
o    Classic or Traditional Peacekeeping
§ Intrastate conflict
§ Govt functioning and in Control
§ Government infrastructure intact
§ Military and police structures
–          Military Operation Other Than war
o    Arms Control
o    Combating Terrorism
o    DoD Support to Counterdrug Ops
o    Enforcement of Sanctions
o    Recovery operations
o    Show of Force operations
–          US Peace Operations= Military Operation Other than War
o    Include ( not limited to)
§ Combating terrorism
§ DoD support to Counterdrug operations
§ Nation assistance
§ Non-combatant evacuation, and
§ Humanitarian assistance operations
o    Primary Objectives
§ Create/ sustain condition
o    End Game
§ Political settlement, rather victory on the battlefield
o    There are no standard Peace operations