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Lecture 13

HREQ 2010 Lecture 13: January 23

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Human Rights and Equity Studies
HREQ 2010
Paul Brienza

-human rights are a concern of legal scholars -US taking on a very important role -by creating a kind of an impetus for the recognition of human rights -the UN is a forum for international debate -the UN is not an international government and in no way purports to be such or has such powers -lacks the mechanisms of enforcement -the key factor to determining whether states can be effective in following the rules of the state is through enforcement -the UN is not that type of organization -international public debate and discussion -14 points for a creation of a stable world order: collective body of nations -League of Nations: predecessor to the UN ^-goals and approach were somewhat similar, but lacked support Perpetual Peace: -the creation of the idea of Immanuel Kant -the need for nations, lawyers, and philosophers to move towards a common notion of international peace -18th century-beginning of the 19th century: he looked at Europe at this time, which was characterized by war, all sorts of human rights abuses (religious wars, thirty years war, etc.), the way in which states treated their own citizens -his basic premise for what he believed would be a way of creating peace in Europe -he believed that the best way to move in this direction was to move towards the path of civil constitution -if states and countries recognized the rights of citizens, they are more likely to be peaceful and recognize the rights of other nations -freedom recognized this idea -Enlightenment thinker -Enlightenment: similar to moving from childhood to adulthood-take on responsibility for seeing the world, responsible for others -there is a process that begins with freedom -freedom comes with a responsibility and duty of all -common law: wherein everyone recognizes the rule of law -the rule of law: we are ruled by law and our behaviour is determined not by personal preference, based on chance encounters, prejudice, bias, or anything of this sort, but is rather based on law itself -in following the rules, we submit ourselves to the law or the rules of that law -the last and most important piece was the development of an international collectivism: people can come together regardless of their nationality ^-enter into the constitution, within which the rights of each would be secured -this idea of looking at the state in which the rule of law, this protection of rights, exist -we have created a kind of collective enterprise, which should be extended to the states -why can’t states not recognize the rights of each individual? -Europe was in a cycle of perpetual war, in which various nation-states were fighting -how do we move beyond perpetual warfare? Perpetual peace: -peace was sustainable only when we have similar governments in place -these are countries that are very unlikely to go to war with each other because they have similar types of governments -given that there are similar government-types and that they rely on the rule of law and these kinds of principles, we can have common collective peace and move towards perpetual peace, which builds momentum in terms of its sustainability -that kind of Kantian model continues into our own day and influenced many people in the modern era of rebuilding social order -however, there are contrary opinions: balance of power Balance of Power: -often associated in international relations with what is called realist and neorealist theories -realist: Thomas Hobbes: in a state of nature, when there is no society or society collapses, people become nasty -life in a state of nature is nasty, brutish, and short -there is no order in a state of nature: it is based on who is strong and has the will to enforce their power -neorealists argue that that is what the relationship between states is like -states in a global order are in a state of nature, as there is no overarching power or sovereign -in international community, there is no sovereign above all the other nations -there is in a sense chaos and anarchy, and thus, all they can do is look after their own interests, their own national interests -the state enters this global system not to get justice: realists argue that there is no such thing as ethics morality, justice, and right -thus what they can do is protect and maintain their own national interests -how do we achieve peace in this anarchy and international state of nature? -the balance of power claims that states can attain relative peace and security through a system of balance power between and amongst alliance states -it is based on common sense and the instinct of self-preservation -if you are a nation in this violent state of global politics, you look for and form alliances ^-one preferred method: you join small and medium states to collective your interests and balance the big, powerful state that threatens your interests -there are numerous treaties that recognized this notion: treaty of westphalia -this idea of balance and alliances comes from in a sense the Napoleonic era, the rise of Napoleon as a leader of this French empire, in which French was very powerful with a powerful army and were advanced in terms of their use of weaponry -France conquered much of Europe: other countries tried to take on them one-on-one, which was not an effective method -thus, they formed treaty alliances that can balance the power of this overpowering force -the system is designed to stand the possibility of one state becoming too powerful or dominant -this is traced to the Italian city states: there were various independent states that could not conquer the peninsula -if one of them became too powerful, the system of alliances and diplomacy was balanced enough for states to change sides and to keep the balance stable -this was a system that was put into place and created some fundamental principles which international relations is now built upon -the principle of diplomacy: these city states had the idea of having permanent diplomats and embassies reside in a foreign country ^-advantage: dialogue and communication -if you have open, constant, consistent dialogues, war is much less likely -this kind of model became important as we moved into the 19th century -the British Empire: they looked at Europe and saw a situation of danger developing, in which you had many up-and-coming states becoming powerful, such as France, rising powers of Germany, the rising and expanding power of Russia, the new nation-state of Italy, and the Austrian Empire, and the British, as the kind of leader of this global community and the leaders of the arrangements of the global community stated that the way of dealing this potential problem of conflict and war was to balance the one side against the other..but what is the main problem? -Germany and France are likely to go to war with each other: thus, we will set a balance of power, with Germany and Austria on one side, and Russia and France on the other -WWI came out of these aligned systems -this worked for decades -the British were not on the continent and thus could observe things in an uncommitted way and intervene when necessary -they maintained a certain balance -it created some sort of stability -the same reasons it created this stability are also the same reasons for its eventual collapse and destruction -the Balkans: assassination of Archduke Ferdinand of Austria (included most of Eastern Europe) -it was an expansive empire that included close to 150 million people -this heir to the Austrian throne is assassinated in a place that is now known as Bosnia, by Serbian militants who want to annex Bosnia to the recently-independent Serbia -the Austrians mobilize their forces and give the Serbians an ultimatum -the Serbians have a friendship with the Russians, and thus, the Russians will defend the Serbs against the Austrians and the Austrians call the Germans in, and as the Germans are going to defend the Austrians against the Russians, the Russians call the French in, and the French then call the British in..the British come in to defend Belgium, which was attacked by Germany -what this shows is that the weakness in the balance of power, which is that they may have protected these states from going to war, it may have exacerbated the situation and made it worse because in having come in to defend their allies, they turned a local conflict into a world war -most of the countries didn’t care about what was happening there, but they went to war because they were afraid that the other countries were going to war and would eventually become too powerful -this balance of power actually worked in the interest of war at this point of time -they collapsed as a system of maintaining peace, and exacerbated the situation -from 1914-1918 we have WWI -British-German arms race: this is a kind of pattern in which we have a nation emerging as a power, in this case Germany -on the one hand, it is just natural that nations sometimes become powerful and grow economically, politically, and militarily, but the problem is that, in some situations, that is a challenge to the global order which is what happened here: the Germans became a powerful nation-state and wanted to challenge for world dominance -it upsets the world balance and creates instability -all these alliances meant that you weren’t going to war with one nation, but you were going to war with all these nations -this lead to various forms of competition -the Germans, as well as the Japanese in the far East, were interested in colonial expansion and were looking at countries such as Britain and France, which were established leaders in the global order, and began to take colonies in Africa and other parts of the world -through international capitalism, Lenin, one of the most famous leaders of the Russian Revolution, argued that colonial expansion and capitalism goes together: colonialism is a certain stage of capitalism: colonialism and its expansion were associated with capitalism, as colonies provided raw resources that were useful in modern industrial capitalism, provided markets for the products being produced, and it also brought with it a certain level of prestige -for all these reasons, colonialism was a kind of force that was being driven by competition between these powerful states -industrial warfare: we saw a different type of warfare and on a different scale -total war -prior to this, warfare was very different, as it was less about conquest and more about showing superiority : a country would declare war on another country, levy troops, which would never be mass conscription (be in much smaller numbers), march to confront them in the fields, and then go home -with WWI, we get total war in the following ways: 1) The use of industrial production to create more deadly weaponry and its quantity (massive quantity): -development of the machine gun -industrial technology tied into the production of machines and weapons of death: this was the first time in which the airplane was used in warfare -first bombers: targeting civilian populations for the first time -the use of modern weaponry and its efficiency -mass industrial production: factories in Germany and France making weapons (the entire society and economy is mobilized for war and combat, as well as its manpower) 2) Many men enrolled, enlisted, conscripted into these armies -millions in the army -armies are huge -wha states begin to do at this time is referred to as mass conscription: everyone from the age of 18-45 must report to their military government office, in which they will conduct a health exam and determine if they are fit..if they are fit, they must be enrolled and taken into the army, which was not done previously 3) The targeting of civilians: -everyone was a potential enemy and target -by the time we get to WWII, we’ll see that more civilians are dying than soldiers: they become legitimate targets for military reasons (the argument is to impose some kind of suffering on the civilian population to reduce their war capacity) -bombing factories was seen to be useful: bombing the citizens -all sides target civilians: civilian become legitimate targets of war -mass casualty: the number of average people killed -it wears down the society and makes them weaker -overall, WWI is not a typical war that we have seen in the past, but is a first fully modern war -eventually, the war ends -Germany and its allies are defeated -the eventual intervention of the US in the war (1917) -the US comes in as a new country in the conflict with massive resources and capital Fourteen Points: -Woodrow Wilson goes to a Peace conference in Paris and declares his Fourteen P
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