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International Law.docx

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Western University
Political Science
Political Science 1020E
Charles Jones

International Law & Peacekeeping © Nigmendra Narain International Law  Roman Empire = universal laws  Natural Law = human reason + human nature + proper authority (majestas)  Growth after WWII = UN, etc.  Types: o Formal public international law = states o Private international law = private actors (mostly businesses) acting in the international arena  Tracks of development: o Lex feranda o Lex lata  Sources include: treaties, state laws, customs, legal scholarship  Treaties: o Bind successor governments o Usually have „escape clauses‟  Many laws/principle derive from the UN Charter and other treaties o Territorial principle o Nationality principle o Embassies (customary)  1997: International Criminal Court > 2008 o Prosecute individuals for crimes against humanity o International Criminal Law: “complex set of norms and conflict-resolving mechanisms adhered to by sovereigns within a particular jurisdictional unit, through agreement or the use of sanctions” o International Humanitarian Law: “laws designed specifically to limit the harm to non-combatants during wartime”  Enforcement? o States enforce on states? o War? o Sanctions? o Does IL reflect the cultural practices of particular societies/states? Conflict Management  Most conflicts in global politics are resolved without/ahead of violence  Various techniques exist for preventing, managing and ending conflicts Peacekeeping  UN is one of many peacekeeping organizations in the world now  UN peacekeeping: o Coined in 1956 – during the Cold War o 1948-2008: 63 missions Page 1 of 3 (c) Nigmendra Narain, Political Science, Western University  Traditional peacekeeping: o Impartiality o Non-hostile and lightly armed personnel o Consent o Keeping the peace o Military personnel o Proper authorization o Reliance on member states‟ forces o Non-territoriality  Post-Cold War peacekeeping o
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