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University of Toronto St. George
Political Science
Jean- Yves Haine

- Spain and portugal; market don’t believe they can sustain their level of debt...self fulfilling prophecy, market impodes interest etc., - China and USA have an important relationship, china is main creditor of US debts, 1.5 trillion...china possess a de facto veto power and USA exchange rate, but the debt it so high that it is much more a problem for creditors than debtors - China and USA, because the economy of these two countries are so intertwined, the level of interdependency is so high it is a structure that pushes them to cooperate - There is some reflection attempt to change the criteria of gdp, the reason is because gdp does not reflect the proper wealth of the nation, some argue that other factors should be factored in gdp, pushing for introduction of green criteria into gdp figure, GDP does not reflect wealth of nation or satisfaction of population...the gap b/t those who have and does who have not, level of equality is low in Denmark INTERNATIONAL LAW - Realists; anarchy, less of world gov’t = key feature of international life, this approach based on the three S... o international law is fundamentally weak, states interest are the main driving force that treaties are just temporal and convenient, treason is a matter of time, you can sign whatever treaty but there is no guarantee it will be respected, treaties, states seem to take international law as they deem fit, they have a commitment to obligation but easily can change that commitment, o however international scene today is much more regulated than realists think; e.g. fisherman and the law of the sea, boundary of national waters and the law of the sea is international agreement; international pathways; international treaty preserving certain fish (whales)...activities highly influenced by the international law - IL best understood as a core of international institutions; rules, norms, practices created by state to achieve common goals which range from minimal order between them to issues of international justice, human rights, and eco. of the main theme of IL to move from basic question order amongst states to address questions linked to human rights, from order to justice...this evolution is difficult - Overall objective of IL is to achieve some sort of order among states, during the cold war one of the keep objective was to avoid as much as possible nuclear war, and there were some legal instruments that were negotiated to achieve this, specific rules, security regimes b/t US and Soviet Union... - basic idea to tame the propensity for states to go to war, to create something like an international society of states that share a minimal of common rules and practices to avoid and escape the world of permanent conflict and wars, thus state have created international institutions, can exist w/t corporations or organization structure behind, their existence based on norms and rules that have created and this set of norms and rules make this institutions function - IR scholars have underestimated the role of these norms and principles of behaviour, today these set of rules and principles and law are a significant part of international life - One of the historical roots of international law started in EUROPE from 17 century onwards, minimal objective was to tame the effect of anarchy...the idea of a law amongst states was inspired by divine authority, it was first a religious undertaking, European rulers had legitimacy to rule and govern because they received authority from God..IL emerged as a set of principles derived from God, these divine rules were imposed on European rulers...something like a natural law emerged, the influence of Christian principles in the conduct of war the obligation of alliance commitment came from religious authority, e.g. idea of using proportionate force was derived from Christian principles of just punishment, the impossibility for European ruler to make alliance w/ non-Christian was forbidden (E.g. Ottoman empire), emerging from natural law, principles from God were the first obligation that a ruler had to follow, some crucial institutions start to appear, e.g. in Florence ambassadors were exchanged between the city states, before that it was a bizarre exchange because rulers didn’t trust each other as a way of making sure that an obligation would be fulfilled the practice was to exchange hostages, to make sure that you will respect the peace treaty your daughter/sons will be hostages in their area, as guarantees that treaty will be followed, but for Florence ambassadors became important exchange of information and observers/diplomat in different cities with have special protection and immunity... - Natural law authority did not last forever, after 17 century the revolution was to eradicate religions from IR, the treaty of Westphalia endorse fundamental principle of sovereignty, based on territorial possession rather than sucession from family other words, ruler because they have the territory, population, and government, not because of blood ties, that was the fundamental change of treat of Westphalia..the religious war have destroyed Europe at that time, and the war of succession will be endemic in Europe...treaty of W, moved from religion to secular sovereignty that is today - Divine religion gave absolute power, these factors encouraged war - With sovereignty, other contract emerged. The contractial obligation, principles of Locke negotiations, etc., was contractial obgliation gave rise to what lawyers call positive law amongst states, they were entering binding agreements the basic rule was treaties were forceful and must be respected, which was the first rule...the second element was a bit more disturbing, once sovereignty based on territory came about, states became more than a territory they became a nation, a specific culture they underlined specific values, heritage, and ideas (nationalism), concept of justice in one country but in the international sphere the specific national sense of justice becomes relatives, cannot consider domestic sense of justice will immediately be universally recognized, there is a fundamental justice at home and justice abroad precisely because a nation’s perception of what justice is is only relative in international sphere (e.g. death penalty maybe bad at home, but need to recognize as far as IR is concerned, death penalty is relative, other states still endorse that penalty as legitimate). Big shift from domestic justice to IJ...which is why it is difficult to move from order to justice - The rise of lockian contract of binding litigation between states o Explain rise of contraction law between states - 1) constitutional institution, primary rules of society of state, without these primary states there is no international state, the norm of sovereignty, but amongst states no higher authority exists, and so from that basic fact the basic norm of non-intervention becomes key primary rules of international society, non-intervention was until recently was one of the key stone of international relations, before focused on the rule of non-intervention and sovereignty - Only one subject of law, which are the states...states exists regarding IL means 3 basic conditions, gov’t, population, and territory....territory is still a matter of dispute and conflict - Not everyone can claim to have a state, crucial to be recognisation of other states that they have a legitimate claim; recognition, you have maybe a population, gov’t and territory, but if rest of international community don’t recognize it as legitimate state, than you don’t exist as a state - Legitimacy (acceptance) based on consensus of other international actors, have to be accepted as legitimate by other states - Question of recognition is important with regards to legitimacy...e.g. Israel and Pakistan - Basic constitutional institution is sovereignty and recognition of that sovereignty by other states - Contractual international law, formal enactment of legal binding law and rule, these norms have evolved, these rules and law do not have to be codified and written in formal legal documents...customary norms, special category of international law, customary because these norms are about habits and customs between states, they are norms of behaviour that are so widespread they are built in centuries of practices, they are binding even if there are nothing written (e.g. Britain institution that never existed), e.g. diplomatic immunity given to diplomats, it was part of a customary norms that these diplomats were immune from prosecution where they were at, the immunity was customary practised before becoming official written document, for centuries the practice of immunity applied and binding by all the states; there is a special category of international law called
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