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International Law Definitions - ANSWER--"IL as law between sovereign and equal states based on the common consent of these states is a product of modern Christian civilization" (Oppenheim, 1905) -"IL is the law of nations. It imposes specific obligations and rights on nations, just as domestic law...

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  • October 20, 2024
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  • 2024/2025
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International Law Part5 Premium exam
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International Law Definitions - ANSWER--"IL as law between sovereign and equal
states based on the common consent of these states is a product of modern Christian
civilization" (Oppenheim, 1905)

-"IL is the law of nations. It imposes specific obligations and rights on nations, just as
domestic law imposes them on individuals" (Starke, 1947)

-"Refers to rules and principles that are applicable to a large number of states, on the
basis of either CIL or multilateral treaties." (Akehurst, 1997)

-"The body of rules and norms that governs the interaction between states as well as
other international persons." (Joyner, 2005)



International Law (Contemp Def) - ANSWER-Rules and principles; among sovereign
and equal states, and other international persons; binding by consent and practice and
agreements



Realism - ANSWER-Law is power of the strongest as such it is simply self-interest
codified and enhancement of power



Neo/Liberalism - ANSWER-Law is a form of cooperation and is found in international
institutions (World Trade Organization), governs most of modern life



Constructivism - ANSWER-Law is a form of mutual understanding and legitimacy, a
form of reasoning and agreement



International Politics is Anarchy - ANSWER-Absence of central political rule, no global
sovereign, no global legislature, no global police, no global court and universal
jurisdiction



Law and politics - ANSWER-"The distinction between law and politics is artificial, even
preposterous. Notions of authority, expectations of what is right with regard to social
choices, play a major role in politics; conversely, power is a very critical and
indispensable factor in law." (Reisman, 1981)

,Does compliance occur? - ANSWER--binding obligation (consent and obedience)

-Rule of conduct (normal relations, reputation)

-structure of cooperation (order and predictability, credibility)

-Custom and practice



Reciprocity - ANSWER-(Compliance) If states are assured that if they offend another
state, the other state will respond by returning the same behavior.



Collective Action - ANSWER-(Compliance) Several states act together against one
state to produce what is usually a punitive result.



Shaming - ANSWER-(Compliance) Most states dislike negative publicity and will
actively try to avoid it



Relationship of IL and International Politics - ANSWER--Def: body of principles, binding
obligations, sovereign states

-Effect: Standard of common practice, structure of cooperation, language of exchange

-Reach: Bi-lateral (between two states), multi-lateral (among many states)



Early Developments of IL - ANSWER--existed in pre-Greek civilizations: especially in
regards to war and diplomacy; relationships among states or entities; boundaries, tithes,
treatment of prisoners; not the same conception of 'international' or 'global,' but some
sense of engagement with other entities



Jus Gentium - ANSWER-a body of law established among men of reason, through their
use of reason, to establish common justice



Natural law: - ANSWER-universal common principles derived from the eternal nature of
man (given by God) and unchanged by man

-Ex) self-preservation, love of children, standards of good and evil; Aristotle

, Catholic Church (Holy Roman Empire) - ANSWER--Very powerful

-largest landholder

-involved in politics (arbitration, rule, treaties)

-Sanctioned rule (King was an emissary from God)

-Widespread belief



The Vatican - ANSWER--Site of the Holy See

-only religious entity with governmental recognition

-a status resembling a sovereign state

-maintains diplomatic relations with 120 states

-may mediate in international crises (Dominican Republic cease fire '65)

-Participates in the creation of international agreements

-comments on world events



Grotius - ANSWER--First systematic attempt to establish a jurisprudence (the study,
meaning or science of the law) premised on volition (choice) and the needs of men

-Articulated in the study of war: war is punitive, all men have the right to punish a
violation, may violate either natural or man-made law



Positivism - ANSWER-(School of Law) Law emerges from and is reflective of custom,
treaties, and consent of states



Naturalists - ANSWER-(School of Law) Law emerges from and is reflective of nature



Grotians - ANSWER-(School of Law) Both kinds of law are significant and important,
both suggest a community of nations (natural and juridical)



Peace of Westphalia - ANSWER-(1648) Constituted 'European' civilization:

-ended political rule of the Holy Roman Empire and dominion of the Catholic Church
(rule among equals, with territory)

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