POL 3 Lecture Notes - Lecture 7: Universal Jurisdiction, International Civil Aviation Organization, Kyoto Protocol

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8 Jun 2018
School
Course
Lecture 7
International law= a body of rules and norms regulating several different types of interactions
Among states
Between states and IGOs
(in more limited cases: among IGOs, States, individuals)
1. Functions of International Law
1. Both domestic and International law
1. Makes some sort of order-> set expectations about behavior
2. Monitor level on rule set in law
3. Protects form exploitation
4. Legitimate use of force-> domestic- given to the gov b/c if violated the
law
5. Obedient to Domestic and international compels behaviors
2. Different from domestic law in that
1. In domestic law
1. Is in a hierarchical system: established authoritative structures exist at the top
to make and enforce law
2. In international law:
1. Is a horizontal system: authoritative structures not at top to make and enforce
law
Question:
1. So How Do we get International law?
2. How do we get States to follow them?
2. Sources of International Law
Customary Law
o Early on, key source of law
o Hegemon or group of states solves a problem in a particular way
o These habits become ingrained as more states follow the same process
EX US/UK and law of the sea
o Limits of customary Law:
Develops slowly
Customs can become outmoded
EX 3-mile territorial extension for foreign vessels=> custum bc cannon
balls only reach 3 mile but tech- no more cannonballs, so out of
date now 12 miles
Often ambiguity in interpretation
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