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Chapter 5

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University of Waterloo
International Studies
Brian Orend

Chapter 5October 23 2013702 PMChapter 5 International Law and OrganizationDefinitionsGoal to order relations between nationstates through rational predictable and mutually beneficial rules of conductGoal of international law is international organizationInternational Organizations institutions created to uphold international lawIGOs vs NGOsIGO is created by national governments designed to help coordinate behaviour and solve common problemsProsEx UNBenefits of cooperationNGO is created by private individuals or interest groups trying to improve international lifeDesire to order global relations without a hegemonEx Red Cross Amnesty International Greenpeace and Doctors without BordersChaos unstable conflict vs Order dominance of hegemonInternational LawOrigins of International LawThirty Years War RevisitedSpecific birthdate Treaty of Westphalia 16481517 Protestant Reformation Protestant North vs Catholic SouthFirst religious tolerance30 years war 16181648Agreed that it should be left up to the government of each country to decide which religion would prevailWar of religion bloodiest religious war in historyClear affirmation of the 2 basic rights of states and foundational principles of international law13 of Germanys population killedStalemateThe Two Core Principles of International LawPolitical sovereigntyRight of a group of people to rule themselvesMost basic right of countryMust respect the right of all other countries to do the sameTerritorial integrityRight to some liveable territory on EarthOwnership of all natural resources on under or above itRight to not have other countries invade its territoryInternational Law DefinedInternational Law comprises all the agreements and undertakings that different peoples or nations make between themselvesSum of all treaties between countriesTreaties the gold standardContractual deal between countriesStrongest and clearest expression of international lawSelfmade and selfaffirmed agreementsOther Sources of ILCustomsHabitual practicesEx Laws of the seaGeneral principles of lawMost elemental rules contained in domestic legal systems all over the worldEx theft is wrong exists in every single domestic lawInternational legal decisionsEx UN world court decisionsInternational law scholarshipScholar written articles or books and can form to become international lawThe Process of TreatyMakingIdentify Problem or OpportunityAn ongoing issue that requires an enduring solutionFact Finding ProposalsCounterProposalsNegotiations DealMaking and Treaty DraftingFormal Signing CeremonyPublic and political eventPromise to take treaty back to home country and ratify itTake signed Treaty Back to Home CountryIntroduce treaty as Bill in Domestic LawMaking ProcessIf passed Treaty Becomes LawTreaty is thus ratifiedSometimes a grace period exists before enforcementEnforcementReal fullblown law both nationally and internationallySubject to penalties if violatedKinds of TreatiesBilateralTwo sided treaty between two countriesEx FTA 1989 Canada and USNORAD 1985 North American Aerospace Defense CommandUSRussian Peace TreatiesABM treaty of 1972Strategic Arms Limitation Talks treaty of 1972MultilateralMany sided three more countriesTwo KindsRegionalCountries all in close coherent geographical regionsExTreaty of Westphalia 1648NAFTA 1994Various EU treatiesMaastricht 1991NATO military alliance 1949Collective securityProtecting western Europe from a ground invasion by USSRGlobalNegotiated by almost all countries in the worldExCharter of UN 1945Founding of UNAntarctica Treaty 1959Kyoto failedTechnical vs Economic vs Political TreatiesTechnical TreatiesVery targeted precise and practical issuesLittle political consequencescontroversyVery easy to get international passagePertain to matters that everyone has a clear interest inExInternational mailOrganized crimeTelephonetelegraphradio wavesInternational flights and luggageTreaty of WarsawEconomicCommercial TreatiesMedium political controversyHas some direct effect on government but also clear mutual benefitsExNatural resourcesTrade free trade INTST101 Page 1
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