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Summary READINGS International Law and Human Rights (6442HILHRY)
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This document contains summaries for all the readings from the course ILHR given in the second year of IRO at Leiden University.
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International Law and Human Rights (2022-2023)Summaries of all the readings in the syllabus (Total: 24 pages)
Content:
Lecture 1: International Law and the study of politics
Lecture 2: International Law and international relations theory
Lecture 3: History of the development of international law (I)
Lecture 4: History of the development of international law (II)
Lecture 5: Sources of International Law
Lecture 6: Subjects of International Law
Lecture 7: International Courts
Lecture 8: International Law on the use of force
Lecture 9: International humanitarian law
Lecture 10: International human rights law
Lecture 11: International Criminal law
Lecture 12: The future of international law
Lecture 13: Exam Revision
,Lecture 1: International Law and the study of politics
Reading ‘International Law and International Relations’:
In her article "International Law and International Relations," Beth Simmons examines the
relationship between international law and international relations. She argues that while
international law has traditionally been seen as an instrument of foreign policy, it can also be
a source of legitimacy and constraint on state behavior.
Simmons begins by exploring the traditional view of international law as a tool of foreign
policy. She argues that international law has often been used by powerful states to legitimize
their actions and to justify the use of force. However, she notes that international law can
also constrain state behavior by creating norms of behavior that states are expected to
follow.
Simmons then turns to the question of why states comply with international law. She argues
that compliance is often motivated by the desire for legitimacy, as states want to be seen as
legitimate actors in the international system. Additionally, she notes that states may comply
with international law because of the costs of non-compliance, such as economic sanctions
or military action.
Next, Simmons explores the role of international institutions in the development and
enforcement of international law. She argues that institutions such as the International Court
of Justice and the International Criminal Court play an important role in promoting
compliance with international law by providing a forum for states to resolve disputes and by
holding individuals accountable for violations of international law.
Finally, Simmons discusses the challenges facing international law in the contemporary
world. She notes that the rise of non-state actors and the increasing complexity of
international relations have made it more difficult to enforce international law. She also notes
that the United States' rejection of certain international legal norms, such as the International
Criminal Court, has raised questions about the effectiveness of international law in
promoting compliance.
Overall, Simmons' article provides a nuanced and insightful analysis of the relationship
between international law and international relations. She highlights the complex ways in
which international law can both constrain and legitimize state behavior, and she explores
the challenges facing international law in the contemporary world.
Reading ‘The Politics of International Law - chapter 1’:
In Chapter 1 of "The Politics of International Law," Matthew Scicluna provides an
introduction to the book by examining the relationship between politics and international law.
He argues that international law is inherently political, as it is created and enforced by states
and reflects their interests and values.
Scicluna begins by tracing the historical evolution of international law, from its origins in
customary law to the emergence of international legal institutions such as the International
Court of Justice and the International Criminal Court. He notes that the development of
international law has been shaped by political factors such as the balance of power among
, states and the influence of non-state actors such as international organizations and civil
society groups.
Next, Scicluna explores the different theoretical approaches to understanding the
relationship between politics and international law. He discusses the realist perspective,
which views international law as a tool of powerful states to advance their interests, and the
liberal perspective, which sees international law as a means of promoting cooperation and
reducing conflict among states. He also discusses critical approaches, which view
international law as a site of contestation and struggle among different actors with competing
interests and values.
Finally, Scicluna examines the challenges facing international law in the contemporary world.
He notes that the rise of non-state actors and the increasing complexity of global
governance have made it more difficult to enforce international law. He also notes the
challenges posed by the rise of populist and nationalist movements, which may reject
international legal norms in favor of national sovereignty.
Overall, Scicluna's chapter provides a broad overview of the relationship between politics
and international law. He highlights the ways in which international law reflects political
factors and interests, and he explores the theoretical approaches and challenges facing
international law in the contemporary world.
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