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Tuesday November 5 Poli 2f20.docx

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Political Science
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Blayne Haggart

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Tuesday November 5, 2013 Poli 2f20: Slide 1: Global ethical issues: Just War - European origins: Christian thinking, esp. St. Augustine - Two key elements: o First one: Jus ad bellum: Justice of war (reasons for going to war)  Largely associated with pluralist ethics  Just cause  Right authority  Right intention  Last resort  Reasonable hope of success  Restoration of peace  Proportionality of means and ends Slide 2: Global ethical issues: Just War - Two key elements: o Second one: Jus in bello: Justice in war (conduct and means of warfare)  More cosmopolitan  Proportionality of means  Non-combatant immunity  Law of double effect midterm* allowable under war Slide 3: Global ethics: Global justice, poverty & starvation - Text correction: The proportion and number of people in absolute poverty and starvation has fallen - Singer solution: o Moral obligation to help all – globalization demands an impartial, universalist, utilitarian ethic o Critique: Would this work? - Liberal institutional cosmopolitanism o Beitz: Apply Rawlsian system of global justice (procedural & substantive) o Pogge: We have both positive & negative duties to help others Slide 4: The paradox of international law - Law isn’t binding, and yet states spend time and resources negotiating and arguing over it o Why is compliance so high, even by domestic standards? Slide 5: Some definitions - International law: “a set of norms, rules, and practices created by states and other actors to facilitate diverse social goals, from order and coexistence to justice and human development.” - Institutions: The formal or informal procedures, routines, norms and conventions embedded in the organizational structure of the polity or political economy (Hall and Taylor 1996) o Can be written or unwritten o Not necessarily embodied in a “bricks and mortar” institution Slide 6: The paradox of international law - States have strong incentives to free themselves from anarchy’s insecurities - But: Face common coordination and collaboration problems - Therefore, they create international institutions o Constitutional institutions o Issue-specific institutions (i.e., “regimes”) o Fundamental institutions o (Reminder: “Institutions” are not the same as “organizations”) Slide 7: The origins of modern international law - Pre-19th century: Rule by divine right o Law: The command of a legitimate superior o Monarchs above “municipal law” o International law: God’s command, derived from natural law - Modernity o Law: Contract between legal subjects, or their representatives o International law: Expression of nations’ mutual wills Slide 8: The modern institution of international law - Distinctive characteristics informed by the values of liberalism o Multilateral form of legislation o Consent-based form of legal obligation o Language and practice of justification o Discourse of institutional autonomy  International law is separate from politics Slide 9: From international to supranational law? - Main goal of international law: Regulation of interstate relations; maintain interstate peace
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