Hey guys! This is a complete summary of all the materials you will need for the CVIL exam.
It includes the lectures of contemporary values of international law (so the powerpoint slides and anything extra that the professor mentioned in class)
Since there were so many chapters assigned I also s...
Friend prof: lecturer in constitutional law Poland, sued 4 times (he insulted the prime minister)
Topic of the course: law in a practical context
- The way that people think about the context in society can be very different
- About different theories that people use to explain reality
- Good to be able to get inside of the head of people as a lawyer
- The book will be the basis for the exam: the lectures are an add on to the book, to illustrate the type of
questions
Today:
- New course: materials and goals
- Exam: essay questions (only Asser collection to take)
o It is going to be more fair in testing
o Computarized
- Programme
- Intro IL v. IR
o Some theory
o 3 case studies
Programme today:
- 1. Today
o Different points of view
- 2. IR theories
o He will cover 5, book has many more
- 3. Use of force / humanitarian intervention
- 4. Guest lecture David Hein (international courts and international crimes: Kosovo specialist chambers
o Court in the Hague about war crimes committed in Kosovo
o About how you apply the law in a very politically charged context
- 5. Protecting individuals human rights and alternatives
- 6. Guest lecture, Hanneke Palm, council of Europe: protecting HR democracy and the rule of law in practice
- 7. Environment and climate change
IR v. IL
- Our focus: how does IR see IL, and how does an understanding of IR help IL practitioners?
- Two-way interplay
o How IR views IL (see below)
o How IL takes account of and embodies IR theories
E.g. VCLT article 31 and 31. It says here that if you interpret the text of an article you need to
look at the text, context and object and purpose.
How you view the object and purpose depends on hope you view the text and how you
drafted the convention
Different IR theories dominant in different IL (subdisciplines)
- Context of globalisation and IL as IR institution with its own logic (chapter 1 and 19) background chapter 21
and 22
Context of globalization
Analysing globalisation (i)
- Globalisation is a historical process characterised by
, o Stretching of social, political and economic activities to have a direct or indirect impact on all regions
of the world
o Intensification and growing magnitude of interconnectedness in almost all spheres of modern life
o Accelerating pace of global flows and processes due to the evolution of worldwide systems of
transport and communications
o A deepening enmeshment of the local and global such that the domestic and international are
indistinguishable
Analysing globalisation: (II)
- Globalisation is indicative of an unfolding structural change in the scale of human social and economic
organisation (Centrality of the state is under attack by other actors)
o Human affairs are no longer organized solely on a local or national territorial scale
o Human affairs are increasingly organized on transnational regional and global scales
- However, this structural shift is not experienced uniformly worldwide (e.g. inclusivity, distributional
consequences)
- There is an ongoing process of time-space compression and the deterritorialisation and denationalisation
of power
The crisis of globalisation and the liberal world order:
- Globalisation of the liberal world order is under fire
- Three developments challenge the legitimacy of international consensus that promoted and sustained
globalisation and the post war western liberal order
o 1. Global populist revolt
o 2. Drift toward authoritarianism
o 3. Return of great power rivalry
Russia and china are growing (india is going to be important) (factfulness is a good book for
this on statistics)
The crisis of globalisation and the liberal world order:
- Will these developments bring an end to globalisation and the liberal world order?
- Sceptics: principally symptomatic of the underlying relative decline of US power
o Scale and implications for world politics are exaggerated
- Globalists: are split
o Liberals: indicate a return to a dystopian world without a rules based order, where might is right
o Transformationalists: crises have been exaggerated: a new post western global order is emerging
incomplete
Globalisation and the transformation of world politics:
- Globalisation scholarship challenges the state centric, western centric and static analysis of traditional
approaches to the study of world politics
o For example Greta Thunberg: is asking companies to change their ways, not necessarily states solely
- There are several important transformations associated with globalisation
o From state centric international politics to geocentric global politics
o From a liberal world order to a post-western global order
o From intergovernmentalism to global governance
There is less democratic control on policy. The wuestion who decides is much more complex
nowadays
Opposing opinions: globalisation is eroding the power and sovereignty of the state:
- For:
o States are impotent in the face of global markets
o States are ceding power in key areas to unelected global and regional institutions
o States are increasingly vulnerable to disruption or violence orchestrated from abroad
o States are experiencing an erosion of democracy
, That is mainly because of fake news and troll factories. They are spreading wrong
information
o Many states appear ineffective in controlling immigration
- Against:
o State power is not in decline
o States are not ceding power or sovereignty to unelected international bureaucracies
o Globalisation is part of the solution to states’ growing vulnerabilities
o Challenges to democracy result from domestic factors, not globalization
o States have greater capacity to control borders than ever before
Depending on the theory that you see as your starting point, it becomes predictable on which side you are
TNGO’s and states
- TNGO’s are an anomaly in international law
- They are established voluntarily by individuals and governed by the laws of the country in which they reside
- In theory, TNGOs are independent from states
o However there are many NGO’s that are simply vehicles of states.
o GONGO is governmental non-governmental organizations
o Or UN watch (very one-sided agenda, is a vehicle of Israel to criticise everyone who is critical of
Israel)
- They claim to represent the interests of civil society and are guided by ideas, not national interests or profit
motives
- TNGO officials are not publicly elected
- TNGO do not work for profit
Transnational NGOs contribute to democracy at international level
- For
o TNGOs give a voice to those underrepresented by IGOs
o Contribute to more transparency in intl relations
o Introduce ethics into a state-based system
- Against
o TNGOs are increasingly coopted by govs and transnational businesses
o Cannot be held accountable and not representative
o NGOs are far from democratically structured
Greta Thunberg: is pursuing politics (not elected) but she does have an impact with her activism. Social
constructivists: this is a human act but also important in politics.
IL from the perspective of IR
The starting point of this course is chapter 19. That looks at IL from the perspective of IR.
Order and institutions:
- International institutions are not the same as international organisations
- International institutions: are commonly defined as complexes of norms, rules and practices that prescribe
behavioural roles, constrain activity and shape expectations
- They do not have to have staff head offices but may have some organisational dimensions (e.g. the WTO)
Three levels of intl institutions:
1. Constitutional institutions: consist of primary rules and norms of intl society
a. For example sovereignty
2. Fundamental institutions: are basic norms and practices to facilitate coexistence and cooperation between
sovereign states
a. International law
, 3. Issue-specific institutions or regimes: are rules norms and decision making procedures that define legitimate
action in a given domain in international life
a. For example the non-proliferation treaty
b. Law on the use of force
c. Intl trade law
4 things distinctive about intl law: (what it does, added value)
1. It facilitates multilateral legislation
a. Lays down rules and codifies
2. Consent based and creates legal obligations
3. Intl law brings politics a specific type of language and logic of solving problems
4. If something moves from politics to law it is governed by a different set of ‘rules of the game’ = discourse of
autonomy
1. Multilateral legislation:
- Legislation of intl law occurs both informally (e.g. possible evolution of new norms like R2P) and formally
(e.g. via multilateralism)
o Informal: R2P, or the example about Libya
Informal texts, if states stat according in conformity with this text, that then becomes a part
of intl law.
o Formal: multilateralism. There is an explosion of treaties being agreed. This is the preferred way.
- Since the 19th century multilateral legislation has been the preferred mode of intl legislation
o It becomes more predictable that way
- Legal arrangements based on reciprocally binding rules of conduct represent a mark of true multilateralism
o Intl law is law because you and the opposite party feel bound
o Even if there is no centralised legislator
2. Consent and legal obligation:
- Consent is today treated as the primary source of intl legal obligation
- General observance of the norm and opinio juris (custom) can be used as indicators of tacit consent
o This tacit consent is difficult for IR scholars
o That’s why there is criticism on this in the chapter
o Tacit consent is not the same as actual consent
- Article 38 ICJ statute
3. Language and practice of justification:
- International legal arguments are rhetorical in character and subject to interpretation
- They are also analogical. International actors reason with analogies in 3 different ways
o 1. To interpret a given rule
IR scholars think this is strange. That we interpret their “crystal clear agreements”
Many politicians and IR don’t understand the way we argue and reason
This is evident in the recent Myanmar genocide case judgment
We use a lot of analogies
If this term means this in context A then the same term means something similar in our
context B
o 2. Draw similarities between one class of action and another
o 3. They establish the status of one rule with reference to other rules
4. The discourse of institutional autonomy
- The modern institution of intl law is characterised by its strong discourse of institutional autonomy
- This is a perceived distinction between a legal realm and a political realm, which adhere to different logics
- Distinguishing between these two realms is a modern phenomenon
- Such a distinction contributes to intl order and is thus politically functional for states
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