Law > EXAM > International Law Summary Full (All chapters) – Q&A (April 2023) (All)

International Law Summary Full (All chapters) – Q&A (April 2023)

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The court, whose function is to decide in accordance with IL such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states: b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d... judicial decision and the treating of the most highly qualified publicists of the various nations, as subsidiary means from the determination of rules of law. - -Statute of ICJ Article 38 Defines International Law as? -Is international law really law? The body of rules or principles of action which are bind upon civilized states, in their relation with one another 1963 pg 3 ARticle 38 Definition of international Law. Law- rules or expectations that govern relations between members of a society that have an obligation basis and violation is punishable through application of society. Personally (me) I think it is, at least for the most part. It has to be punishable. That does not carry a guarantee of punishment. - - -States are the primary actors States pursue their own self interest Security tends to come up first Relations tend to be conflictual International system is basically anarchical Implications for international law Little room for international law Only useful when it serves powerful states Enforcement depends on the interests of powerful states - -Realism's assumptions -States pursue multiple interests Relations tend to be cooperative Implications International law is an important tool to enhance cooperation. States have incentives to adhere to international law due to the benefits of predictability and stability. Enforcement Prospect of mutual benefit Reciprocity Self-enforcing - -Liberalism -Emphasis on ideas and norms rather than material forces Ideas and beliefs are true power International law is part of a state's identity States feel compelled to follow international law because it's the right thing to do Consequently self-enforcing Their calculus is normative. - -Constructivism (closer to liberalism than realism but leaves the utility focus of both behind) -Rationalism/Utilitarianism Maximize Utility Maximum benefits for minimum costs Vs. Normative Value-Based Compliance Pull Morality, Ethics Because it's the right thing to do This is the dominant school of thought among International Lawyers vs. Rationalism/Utilitarianism for political scientists - - -Judicial decisions is dropped - -What is IL in the 3rd restatement Restatement of Foreign Relations Law of the United States, p. 5 -The body of rules or principles of action which are bind upon civilized states, in their relation with one another 1963 pg 3 ARticle 38 Definition of international Law. Law- rules or expectations that govern relations between members of a society that have an obligation basis and violation is punishable through application of society. Personally (me) I think it is, at least for the most part. It has to be punishable. That does not carry a guarantee of punishment. - -Is international law really law?

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