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Lecture

POL340Y1 Lecture Notes - Aust, Arrest Warrant, Hutu


Department
Political Science
Course Code
POL340Y1
Professor
Studin

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September 21, 2011
Hedley Bull: Australian who wrote the anarchical society
What role does int’l law play in modern int’l society
Anarchical world, no central policing authority, so what keep us from taking each others
lives
Hedley believed that int’l law does play a significant role: institutions play varying roles
in disciplining
Other institutions include; war, diplomacy, great powers and balance of power
Int’l law are the rules that bind states and pose certain obligation to conduct of
actors
Int’l law isn’t sufficient to preserve int’l order’ it may be used interventionally to
advance interests, or conversely it’ll be created by great powers again to advance
preferences- never irrelevant rather hyper-relevant
War: the use of force b/w 2 or more states to advance certain strategic political economic
end
Diplomacy: the use of diplomatic force to achieve diplomatic ends
Balance of force: Coalitions- keep world from going into major chaos
Great Powers: USA China:
States almost never participate in int’l affairs decision for no reason
In order to make a decision like war or signing a treaty int’l or imposing multilateral
sanction these all affect different parts of the system (state)
H. Bull: int’l law is only a number of factors that influences a states decision
Constitutional Law (Canada) : its relevance in int’l and domestic municipal law
The backbone of a country-Supreme Law: Richard Gwynn T.Star recently wrote a
biography Canadas origins
BNA Act by J.A. MacDonald (1867)
Talks in sec 91-92
Division of powers and Queen as Commander in Chief
Legislature passes law/Executive enforces law(PM and Cab)/Courts- Judiciary
On int’l affairs it says nothing because it was controlled in affairs through Britain-
Westminster
Sec 132. Imperial treaties (obsolete clause)
Charter- 1982- in concert with decisions of courts is a part of the constitution
What is supreme law for international community?
Conventions/treaties/customary laws- may or may not be constitutional- unwritten-
relate to decisions of courts
No legal order int’lly that covers all aspect of int’l life b/w states
States and non-state actors
Environmental violations-
UN CHARTER:

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Gen assembly passes resolutions not laws
Sec council when it passes resolution (in 2 ways) on procedural matter by major vote
Or by majority vote on war and peace matters not vetoed by any 5 major powers
ICJ-ICC
Security Council:
Charter has an annexed document that talks about the int’l court of justice
To maintain int’l peace and security because ( it was immediately drafted post WWII)
war as an instrument of international affaires
Maintaining peace and vigilant to threats
Sec.8 art.1:- enunciate sources of int’l law relevant today that are controversial
An int’l convention is a treaty-int’l agreement
If particular then b/w a small group of actors states: if general my be b/w UN Charter
Legal applications in int’l law exist
States abide and respect int’l law and expect other states to do the same
Geneva convention and Hague have taken status of international law
ICJ has the right to make decisions only for disputes before it
Disputes from all over the world have own peculiarities- they in making the decision
draw from highly publicized jurists from world
charter reaffirms the sovereignty of states within their territorial boundaries
Membership open to all peace loving states***
Art.51 right to self defense **- permitted to go to war if decide so
Readings States and Sovereignty Ch.2-4-5
Read Charter and BNA Act 1867

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September 28, 2011
STATES & SOVEREIGNTY
5 institutions of domestic order in society:
Hedley refers to how to be defensive maintenance of preservation of order with some
sort of justice
Int’l order mirrors to a certain
Security Council 11 members; 5 permanent; each of who yield a veto; within which they
have the int’l geo political power and int’l political power
Russia, France, UK, China, US
Why do they have power to pass resolutions (including those that authorize use of force
to restore int’l peace and security) exception Art. 51. Russia and US are unlikely to go to
war
Allowing Balance of power to prevent war i.e. to neutralize power of other great powers
Int’l realm is order, justice & realm of strategy where states: protagonists will advance
their goals and values through use of power (hard, soft)
Strategy: politics is competition for legit constitutional power within states: Policy is
what governments do when in power, States: WEBER: “monopoly of order based
violence”. States have a monopoly to promulgate law.
State in a legal sense: 1933 Uruguay (Montevideo Convention) signed by not all states,
mostly plurality American states; it established criteria for what a state is; if not signed
by all states its hard to say that it qualifies as int’l law, but the treaty puts into writing
customary int’l law (it has a lot of malleability)
1. A territory (territorial disputes in Canada: native claims) , micro dispute with the
US over certain areas around border
2. A population (state w/o it doesn’t exist)
3. Government that has effective authority in executive and legislative sense,
4. States must have capacity to enter into relation with other states; diplomatic affaires
with other states
5. Political policy and strategic policies (5.not in stone)
Four sources of int’l law: Treaties; Customary Law; Int’l Principles (broadly
recognized); Writings of eminent legal scholars; Political/policy discretion at state
level
Criteria 3 and 4 gives states a lot of wiggle room to make decisions because it’s non-
specific
Customary international law: ICJ panel; the defacto law that’s calcified over time as a
result of states in habit of a routine
Recognition of states is necessary and significant to int’l law, it is dynamic
Government:
Explicit recognition: a state comes into power and request recognition through int’l law
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