Human rights norms almost authoritative- need operationalisation
Three guiding principles:
o States are free under international law, to which they consent
o States are equal
o States are sovereign
Sources:
o International conventions
o International custom
Realism vs. Liberalism
Respective/relative power
o General principles of law
o Decisions and teachings (ICJ)
Equality
o WTO as regulatory body/case- US more relative power than Botswana- not all
states treated equally under law
o If states can override them do they have equal legal power?
Signing into law- inhibits sovereignty- EU?
Sovereignty
o UN Charter affirms the principle of sovereign equality
o “Nothing contained in the present Charter shall authorise the United Nations
to intervene in matters which are essentially the jurisdiction of any state”
o The challenge of the US- and its involvement or otherwise
Only state that can opt out sometimes
Therefore, arguably the only state truly sovereign
The Challenge of Compliance
o Enforcement and Oversight: “good faith”
Is monitoring and reporting sufficient?
Contrary reports- UN
o Compliance: inconsistency and uncertainty
How can we achieve universality?
Core point as external actor- information and predicting behaviour of
other states
Knowing state is conducting torture, for example, allows states
to interject
o Duplication and Complexity
Is one central authority necessary?
Tendency towards authoritarianism- impedes sovereignty
UNHCR- voluntary funding
UN: Security
o Collective security organisation at its heart- Security Council
o Some common norms but disagreement as to how these norms should be
put into practise
o Peacekeeping- cannot fire back, defensive, interjecting on behalf of civilians
o Peace-making- more proactive
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller jmthompson00. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.92. You're not tied to anything after your purchase.