POLI 311 Study Guide - Summer 2018, Comprehensive Midterm Notes - Zimbabwe, Xeer, World War Ii
12 Oct 2018
School
Department
Course
Professor
POLI 311
MIDTERM EXAM
STUDY GUIDE
Fall 2018
1
POLI311
TA : Leif
Office hours : 11-1 Wednesday
Part I: International law in general
- We reached the point where we defeated and crushed fascism, Nazism and
communism(1991- fall of soviet union) – oppressive ideology
Communism: wish to destroy Christianity
- Technological revolution 1980s where new things were invented (internet etc) + revolution
in communication – communication making int. law easier
- There was a decline of the nation state, decline of sovereignty and creation of unions –
globalism against the nation state. Religious fundamentalists believe we should go back to
our roots, issue of Brexit and Frexit. Serve our identity to nation = nationalism
- Environmental crisis – transboundary – international law doesn’t handle it
- International terrorism (after 2001)- international terrorism isn’t regulated – “invisible
army”. Due to violations in Iraq, Libya etc.
What is international law?
- Body of law governing the relationship between or among states (or nation states). In the
17th or 18th century some people describes it as moral law = morality.
- E.g.; Thomas Hobbs (English) the only thing that comes is might – might is right.
- Jeremy Benson, it is a core of international morality.
- Austin, he described it more elaborately it is a body of rules for human conduct within a
community with by common consent should be enforced by political authority set and
enforced by a sovereign political authority. But if we follow Austin, int. law cannot be law
because there is no sovereign authority. Who is the sovereign authority? And as a result you
cannot enforce it. There is nobody above the states.
- What about the UN as sovereign authority? No because 5 members have veto. If there were
no veto, it could be a possibility. April 1950 – Korea : soviet ambassador of the UN
protested that China was not a permanent member of the UN. At the time, Taiwanese
government was at this seat. Soviet ambassador decided to boycott UNSC meetings. Then,
a few months later, North Korea attack South Korea, South Korean appeal to the UN for
them to intervene. A general meeting is called by the US to send troops, they voted, the
resolution was passed even though the Soviet were not being represented. And the Soviet
came by to express their upsetting condition, but “the absent are always wrong”.
- 1956 Suez crisis, Britain and Spain didn’t veto it. US and Canada supported it. Suggestion
of creating UNIF, and it was created for the Israel/Egypt border. Canada created UNIF.
- In Canada there are 7 original laws . = most prominent figure in Int. Law and he is
Oppenheim = Law is a body of rules for human conduct within a community which by
common consent of that community shall be enforced by an external power.
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2
- Description of the definition: Community = community of states. 1919: 30 nation states.
Expression of the will of sovereign states, what the states want it to be.
- Rules are not intern; they have to adapt to new condition = based on int. consensus
- Int. law is a new law
- 1648 – today – still following the Westphalia model
- 400 years old
What are the sources of international law?
4 sources :
1. Customs / habits: grows from usage. The twilight of custom is usage. Custom begins where
usage ends. Usage is a habit that crystalizes into a custom. England: Customary law instead
of written laws. E.g.: 1648 the custom of sovereignty over territorial waters, to what extent
you are sovereign over those water that surround your territory? To what extent is Canada
sovereign over its water? At first they said make it a custom/usage of it. Fire the canon of
3 miles until 1948 – custom dictated, it was not a law written down. 1958 Iceland argue
we depend on the water around us and want 12 miles. Conflict between Britain and Iceland.
Int. community decided to revise that, 30 more years to revise it. Today we have 200 miles.
Custom changes. It was a habit in 1648 when they set up the canon shot rule (3 miles). By
common consent we agree and international law has to adapt to the new condition. Custom
dealt with state territory, responsibility, jurisdiction. Custom was the essence.
2. Treaties: they have become the most important source today. Each nation has a particular
way of signing treaties. US puts it into the hands of the senate, president signs it but the
senate have to be 2/3 to make it pass. There are 2 types of treaties: 1) bilateral, between
two states, 2) multi-lateral treaties between several states, not only two. E.g.: the EU is a
multi-lateral treaty, the UN also, Geneva convention. They (multi-lateral treaties) are also
known as conventions, they are law-making treaties. It is a source of law, what does the
treaty say, the treaty is higher than custom. 20th century had a rapid proliferation of multi-
lateral treaty = 1949 is the most important Geneva convention. The protection of industrial
properties is a multi-lateral treaty. 1928 Briand-Kellogg pact, outload aggressive war (it
is against international law), signed by Germany and 1939 violated by attacking the
sovereignty of Poland. Britain and France said they violated the Briand-Kellogg pact and
violated international law. = Second World War. This is the result of a treaty. How did you
enforce the second world war = the violation of the Briand-Kellogg pact.
3. Precedence: decision that has been taken by a court (regional, judiciary). According to
NAFTA etc, then the court takes the decision. International decision, precedence that are
taken.
4. Juristic works: asking for an opinion, opinion works which can be taken as a source.
International court of justice, bodies of the UN.
International court of justice’s view
The most important source is treaties and conventions according to the international court of justice.
They also give tribute to international custom as a general practice. They also value general
principles of law, recognized by civilized nations.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
We reached the point where we defeated and crushed fascism, nazism and communism(1991- fall of soviet union) oppressive ideology. Technological revolution 1980s where new things were invented (internet etc) + revolution in communication communication making int. law easier. There was a decline of the nation state, decline of sovereignty and creation of unions globalism against the nation state. Religious fundamentalists believe we should go back to our roots, issue of brexit and frexit. Environmental crisis transboundary international law doesn"t handle it. International terrorism (after 2001)- international terrorism isn"t regulated invisible army . Body of law governing the relationship between or among states (or nation states). 17th or 18th century some people describes it as moral law = morality. ; thomas hobbs (english) the only thing that comes is might might is right. Jeremy benson, it is a core of international morality.
