Internation Law

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Internation Law
2014-11-19 22:19:09
Internation Law

International Law Poli Sci test
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  1. Sources of int law
    • International Conventions
    • General principles of law recognized by civilized nations
    • National and international court decisions
    • Writing of legal authorities
    • Treaties
  2. Purpose of Int Law
    • Mechanism for settling disputes
    • Protecting state from each other
    • Protects the S.Q.
    • Legitimizes the use the force by a government to maintain order
  3. Limits of Int Law
    • No world legislature that can make binding rules
    • No authoritative judicial body
    • No executive body to enforce rules
    • No systematic method of amending and revoking treaties
    • Tool of the powerful to oppress the weak
    • State sovereignty limits international law
  4. Core principles of Int Law
    • Sovereign equality
    • Diplomatic immunity
    • Neutrality
    • Crimes against humanity
    • Diplomatic recognition
    •    - de jure
    •    - de facto
  5. Ethics, Morals, Inter Politics
    • No single value system is dominant throughout the world therefore no ethical or moral precept would be shared across different cultures.
    • There are no absolute objective standards by which to judge.
    • The just-war tradition begins with a strong presumption against the use of force.
    • It establishes the conditions when this presumption may be overridden for the sake of preserving the kind of peace which protects human dignity and human rights.In a disordered world, where peaceful resolution of conflicts sometimes fails, the just-war tradition provides an important moral framework for restraining and regulating the limited use of force by governments.
  6. Just-War Doctrine
    • The rules of war are philosophically based on morals and ethics
    • Just ad Bellum
    • Jus in Bello
  7. Grotius
    A just war was only fought in self-defense to punish the damages caused by blatant act of armed aggression
  8. Just ad Bellum
    • The justice of war
    • To be deemed just, a war can only be waged for a “just cause”
    • Marxists – a war undertaken to redress the unjust economic order is just.
    • Leninists – a war undertaken for the causes of communist revolution is just
    • Religion - (Christian and Muslim) thinkers, a war undertaken to convert unbelievers or exterminate infidels is just
  9. Jus in Bello
    • Justice in War
    • Wars would, by their nature, tend to become absolute in the sense, that the use of force would be unlimited and the only objective is military victory
    • Is there justice in war?
  10. When wars can be fought under Just-War Doctrine
    • Last resort
    • Morally defensible cause
    • Declaration by legitimate authority
    • Not waged for revenge
    • Negotiations to end the war are ongoing
    • Civilians not attacked
    • Goal is to re-establish peace and justice