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The Law and Politics on Fencing the Use of Force (S_LPFUF) - all notes of lectures and seminars

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The Law and Politics on Fencing the Use of Force (S_LPFUF)

Institution
Vrije Universiteit Amsterdam (VU)

All notes of the lectures and seminars of the course The Laws and Politics of Fencing the Use of Force (part of the minor Peace and Conflict Studies (VU)).

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Number of pages 60
Written in 2022/2023
Type Class notes
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the internationalist
hathaway and shapiro
peace and conflict studies
the law and politics on fencing the use of force

Institution
Vrije Universiteit Amsterdam (VU)
Education
Rechtsgeleerdheid
Course
The Law and Politics on Fencing the Use of Force (S_LPFUF)

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The Law and Politics on Fencing the Use of Force (S_LPFUF)

Summary S_LPFUF: The Law and Politics on Fencing the
Use of Force

Summary of all the reading material for the course The
Notes
Law and S_LPFUF: The
Politics on Law and
Fencing Politics
the Use of onForce,
Fencing theofUse
part the
Minor Peace and Conflict Studies (Vrije Universiteit

SUMMARY OF ALL
Amsterdam)

ALL LECTURE AND
MANDATORY READING
SEMINAR NOTES
MATERIAL
Summary of all the reading material for the course The Law
and Politics on Fencing the Use of Force, part of the Minor
Exam: 22nd
Peace andof December
Conflict 2022
Studies (Vrije Universiteit Amsterdam)

Exam: 22nd of December 2022

1

,The Law and Politics on Fencing the Use of Force (S_LPFUF)

Peace and Conflict Studies 20222023 (S_LPFUF) –
Lecture and Seminar Notes
Inhoudsopgave
1
Week 2(1) - Just War, Jus Publicum Europaeum and the Colonial Question 6
Law establishes relationships 7
Law provides 7
The history of war (thinking) 7
Pre-20th century traditions in thinking about international law and war 7
Core problem for early modern thinkers 7
Just war tradition 8
Gradual transformation 8
Positivist European tradition 9
Attempt to outlaw war 9
Week 2(2) - Balance of Power; Imperial Rivalry 10
Europe in early-modern times: from Empires to (nation) States 10
War, States and state formation: the treaty of westphalia. 10
War and State formation: a simplified model: 11
Growing empires, growing tensions 12
Overseas Expansion 12
Making legal sense of overseas people 12
Grotius 13
The State: its monopoly on violence 14
Relations with others 15
Emer de Vattel: Law of Nations 15
No Taxation without (...) 16
French revolutions 16
Napoleon Bonaparte (1769-1821) 16
Vienna 1815 16
19th century 16
Power Balance: Wars, Imperial Rivalry, Nationalism 16

2

,The Law and Politics on Fencing the Use of Force (S_LPFUF)

19th European imperialism 17
Shift in the 19th century 17
Imperialism & Ideology. 18
Meaning of war? 18
Stage set for Further Escalation 19
Conclusion: Old World 19
Questions 21
Week 3(1) - Democracy, League of Nations, and Briand-Kellogg Pact 22
Recap Last Friday 22
Today: WW1 and its aftermath 22
Peace movement 22
WW 1: violation of The Hague 23
14 point plan & the League of Nations 23
League of Nations (1920-1946) 24
Self-determination 25
Treaty of Locarno (1925) 25
Briand-Kellog Pact (1928) 26
Europe After World War 1 26
Interbellum 1918-1939: Germany 26
Facism 27
German Fascism and Nazism 28
Hitler as total dictator, totalitarianism in Germany 28
Results 29
Week 3(2) - From the Old World to the New 29
League of Nations 30
Pact of Paris 31
UN Builds on and modifies the League of Nations Structure. 31
General assembly 31
How is war conceptualized and regulated. 31
Since 1945 33
Led to questions of interpretation 33
United Nations 33

3

,The Law and Politics on Fencing the Use of Force (S_LPFUF)

Final words 33
Week 4(1) - The failure of the League of Nations (LoN) and World War II 34
Collective security vs alliance (Inclusive vs. Exclusive membership) 34
The League of Nations 35
Concluding Notes 35
Week 4(2) - The UN System of Collective Security 36
The United Nations in Practice 37
Iraq 1990-1991 37
The Expansion of Chapter VII actions 37
United Nations Peacekeeping 38
Developments in UN peacekeeping 38
Week 5(1) - From Sovereign Prerogative to international Crime; the criminalization of aggression 40
Domestic Courts & Jurisdiction 41
Grounds of jurisdiction, particularly universal jurisdiction 41
Limits to jurisdiction 41
Domestic prosecution aggression 41
International Courts and Tribunals 42
Nuremberg and Tokyo 42
Ad Hoc Tribunals 42
International Criminal Court 42
Limitation to the ICC jurisdiction over aggression (art. 15(5)) 43
Week 5(2) – Self-defense 44
Logic of the UN Charter 44
In practice 44
Right to self-defense 45
Art. 51 UN Charter 46
Core elements 46
International Court of Justice 46
Close to test for attribution 46
State practice Deviates from ICJ 46
Recap 47
Week 6(1) – The End of conquest and other Correlates of War 47

4

,The Law and Politics on Fencing the Use of Force (S_LPFUF)

The Correlates of War Project 47
Descriptive Statistics of Armed Conflicts 48
Uppsala Conflict Data Program UCDP: Data on Organized Violence since 1989 48
Old and New wars: the transformation of warfare 49
Week 6(2) – The Responsibility to Protect & Modern Interventionalism 52
Responsibility to protect 52
Three Pillars 53
R2P And the Kingdom of the Netherlands 54
R2P: making a (new) norm 54
The 2010s: R2P 54
Criticism on R2P 55
From new interventionism to? 55
Lecture 7(1) – Outcasting, sanctions, and punishment in international relations 57
The ubiquity of punishment 57
Punishment across space and time 57
Current punitive practices 57
Punishing Assad’s Syria 57
The liberal project of channeling punitivity 58
Week 7(2) – The end of Warfare and the Debate on the Decline of Violence 59
Steven Pinker: The Better Angels of our Nature (why violence has declined) 59
Criticism and Outlook 60

5

, The Law and Politics on Fencing the Use of Force (S_LPFUF)

Week 2(1) - Just War, Jus Publicum Europaeum and the
Colonial Question
In this course, the question is raised to what existent politics can be used in order to make the use of
violence less likely. International law is, nowadays, designed to address this question. The exam: open
question and a number of multiple choice questions.

International law is a particular way of framing problems within the world.

The four topics of the course:
1. Historical background;
2. Outlawing war;
3. Criminalizing war;
4. Transforming war.

These are all ways to subject war to international legal regulations. Crucially also define war in legal
terms. The question arises, what does this mean?
In-class assignment: make a legal argument about the current war in Ukraine. Discuss what makes
your argument a legal argument:
● Sovereignty of Ukraine comes in danger, coming back to the UN Charter (art. 51);
● The violation of International Humanitarian Law, specifically the Geneva Convention;
● The rightful claim to territory, but the question arises how you can prove it:
○ Annexation: UN Charter prohibition Russia
● Gross Human rights violations, for example within the prohibition of torture.

Legal argumentation is never only about substance. In order to recognize something as a legal
argument, you need to have a legal source: this is my legal argument based on the violation of this
legal source. This gives legal arguments a rig, considering you have to refer to the past:
● Jurisprudence;
● Law;
● Treaties etc.

Sources of international law:
● Treaties: the international equivalent of a contract:
○ Pacts, Convention, UN Charter, etc.
● Customary law: which is the law that evolves that States express their beliefs that some rules
apply (opinio juris):
○ In Dutch: gewoonterecht.
● Case law (less crucial): even though there are various international courts, case law is very
limitedly present within international law.

6

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