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Law; Airspace-Hijacking.doc

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Department
Political Science
Course
Political Science 3201F/G
Professor
Dan Bousfield
Semester
Winter

Description
Essay Topics are online WAYS THE THEORY IMPACT LAW • Brezhnev's Doctrine: false flags existed all over the world - should a state be allowed to secede, is it legal to keep them? is it legal to prevent them REVIEW • dry but important readings • international public law - versus international humanitarian law • Sources of International Law - custom, treaties, state practices, civilizes • Effectiveness? • - more politicized • - delimits action, influences, violations not the norm • short term advantages vs long term gains • differences between theory and practice ROLE OF THEORY AND PRACTICE IN THE LAW • is there a need to defend international law? • - we kno that it functions relatively well • if people don't believe it, it becomes recurrent in interpretations of international law • We start by looking at sources - rather than theories • theories of law • Kantian - liberal • - abstracted rules and principles discerned from practices • - necessary for understanding, context and discussion of issues • Hart - policy tradition • - no unifying foundation of the sources of law • - no greater truths to be unearthed behind the rules of law • - public, common standards of judicial decision making • - can't go seeking out law in custom, so that we agree upon them and move forward THE PROLEM OF POLITICS • inherently normative approaches • different assumptions lead to different interpretations • - law of the sea and common heritage of mankind • - does the regime validate international law and those who opt out • - international cyber attacks - use of force against other nations - who response and with what authority • tacit and explicit assumptions about arguments • - are there common values in the international system, enough to enforce international consensus UNCLOS 3 • deep seabed mining • - beyond any state territory • - international seabed authority • - grants permission for exploitation of resources • China has signed and ratified UNCLOS • - has begun exploitation of deep seabed resources • - 15 year contract to explore 150000 km2 for polymetallic resources • Reagan was unable to achieve objectives at UNCLOS • - wants private companies right to resources • - US companies have not recognized title • - would have to propose exploration from 3rd country • - state-based application makes resources available to states • participation in the system is ordered in order to reap the benefit • US thinks the Un has no right in making an organization to delineate these resources COLD WAR LAW • New Haven School • - normative duty inherent in law - to liberal democracy as lawful and to stop the spread of communism, advance human dignity • - law schools should train democratic values in the interests of the American polity • - apply them to every situation, as policy and values permeate law • - promote, rather than impose democratic values but to reduce and reject those who do not follow those values • - laws exist as rules which reflect society • problems of choice and decision making, how far to go eg the matrix • laws constrain and draw upon past decisions • COLD WAR LAW • Soviet Theory • - objective foundation of law, progressive legal principles, social development to ensure peace, cooperation and free development of peoples • human progress leads to socialism, so international law is necessary to help oppressed social systems - rules = proper behavior • - economic base influences law • - close cooperation of like-minded states engaged in cooperative struggles (joint defense against internal and external enemies) • - Breznev doctrine • bloodlust - there must be a space in civilization for when someone gets killed people want revenge to to avenge them Case 2 - Article 51 of the UN Charter • Pentagon: computer sabotage from another country is an act of war • nothing in the present Charter shall impair the inherent right of individual or collective defense if an armed attack occurs against a member of the UN, until the SC has taken measure necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self defense shall be immediately reported to the SC and shall not in any way affect the authority and responsibility of the SC under the present charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. COLD WAR COOPERATION • different starting assumptions - human dignity vs inevitable goal of socialism • - soviets: human rights are not natural - material - therefore states can determine how they are achieved- universal is contingent • - New Haven: international law cant be mixed with policy denies norms justifies policies that violate law - support policies that support US • fallibility of human decision making - lack of all information, perspectives, inevitably relies on assumptions COMMON GROUND • much of the theory is detached from practices and non-instrumental • needs to be avoid state interests • - reject state as authority of international law entirely • - whole is greater than parts • - international unsocieties - state sovereignty jus
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