POLI 244 Lecture Notes - Lecture 15: Robert D. Putnam, Venn Diagram, Soft Law
8 May 2017
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Document Summary
Body of legal rules which regulates behavior of states and other actors. Primary rules are rules of law which contain prescriptions about behavior. Includes things like the fundamental principle of sovereignty. Also includes obligations to do things, like submit human rights reports. Secondary rules are like a constitution for a legal structure. International human rights and criminal law are different. Anarchy makes it very difficult to overcome no central state. Determining what the law is and how it should apply. States are the main interpreters which is an issue. Obligatory rule and the motivation states follow to behave this way is important. Incredibly complicated to prove, because states follow a belief that they have an obligation. Negotiation and ratification necessary, which is arduous and politicized. Tough to determine which parts are essential and which are negotiable. Common interests must be found to bring all together. Written down, so interpretation is sometimes tough if they are written in a vague fashion.
