POL 3 Lecture Notes - Lecture 7: Universal Jurisdiction, International Civil Aviation Organization, Kyoto Protocol
8 Jun 2018
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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balls only reach 3 mile but tech- no more cannonballs, so out of
date now 12 miles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
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Rules for filling reservations => specific statement agree with treaty but this little part i do not agree -> rule when and how, when you can not say that: 4. Operations of treaties=> when treaty actually work in process: 5. International civil aviation organization(icao)- states and laws on aircraft- for all states: un security council- all states are required to follow un security council resolution because the legally bond bc part of un, courts. International criminal court (icc: criminal court, tries individuals for war crimes/crimes against humanity, committed after rome state entered into force (2002)) Jurisdiction limited: compliance and enforcement of internal law. Ir s(cid:272)holars (cid:862)really(cid:863)- if you want to break the law if can but something else that stops make you break law. Institutions above level of state enforce international law: eu- ecj rules; european commission can sanction for violations, ej - states often follow rulings.
