International Law
obligation, precision, delegation
Categories of international norms
1. constitutive
2. procedural
3. regulative
What is transnational advocacy network (TAN)?
A group of individuals and nongovernmental organizations acting in pursuit of a normative objective
The International Bill of Rights consist of:
1) UN UDHR (1948)
◦ foundation of modern human rights law
◦ every individual holds at least some minimum rights
2) ICCPR
◦ details basic civil& political rights
3) ICESCR
◦ specifies basic economic ,social,& cultural rights
The International Criminal Court. The Rome Statute of the ICC, adopted in 1998 and entered into force in 2002.
Attributes of soft law
Unlike hard law, soft law is
- not obligatory
- ambiguous/imprecise
- low delegation
- but can become hard law over time
Define "norms"
- standards of behavior for actors with a given identity
- tell people what actors are "right" / "appropriate" under particular contexts
- often single rules unconnected to other rules
- may contradict secondary rules
International & domestic NGOs; philanthropic organizations; media; civil society groups..
Why do states violate human rights?
Three major reasons:
lack of capacity
national security
elite power
What are the two mechanisms for creating international laws?
1) Customary international law : certain practices that are recognized by states; they evolve gradually and then be codified later on (e.g., diplomatic immunity; freedom of the seas)
2) Treaties can also create international laws
What are "constitutive norms"?
They inform what makes an actor legitimate or appropriate under given circumstances (For example, What it means to be a state is defined largely by norms)
What is a Boomerang model that TANs typically employ?
A process through which NGOs in one state are able to activate transnational linkages to bring pressure from other states on their own governments (e.g., naming and shaming)
Why do states sign human rights?
1. credible commitment
2. contingent rewards
3. empathy
4. self-interest in global peace
5. domestic interest groups
International laws consist of primary rules and secondary rules. Then, what are secondary rules?
Secondary rules address process of rule making itself. They put a strong emphasis on "sovereignty"
Define "norm entrepreneurs"
Individuals and groups who seek to advance principled standards of behavior of states and other actors
What is "norms life cycle"?
The three-stage model tells us how international norms mobilized by TANs can diffuse within a population to achieve a "taken-for-granted" status. This model is:
First stage: Convince a critical mass to embrace norm
Second stage: Norm Cascade
Third stage: Internationalization of norm
Domestic demands for action
Serving the country’s larger political
interests
Consistency with sovereignty &
noninterference
What are the benefits of having international law for international relations?
sets standards of behavior: facilitates cooperation among actors/states
helps verify compliance with precise rules (e.g., domestic groups can pressure their governments->do not need external enforcement)
lowers costs of decision making
helps manage disputes
Under what conditions are norms institutionalized?
International Norms
When large proportion of population accepts norms as morally right and appropriate (However, it is not always clear how high the degree of acceptance needs to be)
What roles do TANs play?
1) TANs promote norms related to environmental, human rights, women’s rights, and other issues
2) TANs provide information to states before agreements are approved/ratified
3) TANs help states by monitoring states’ compliance with international norms & laws.
Why are there two different conventions (ICCPR and ICESCR)?
Because they were written during the Cold War era, they were caught between two super powers. Thus, writing two separate conventions to address/ solve following issues:
competing state interests
different legal traditions,
philosophical approaches
states prefer rights they already provide
weaker states concern about Western influence
Why is ICC controversial?
The ICC is controversial because it disproportionately focuses on African states and leaders, raising important questions about the potential for bias in investigations and prosecutions. Partly because the United States is not a state party to the Rome Statute, the ICC has limited authority to investigate its behavior. In other words, the ICC is unable to prosecute crimes carried out by power states.