Chapter 8: International Law and Transitional Justice Classroom Analytical Activities and Discussion Questions Although the following activities focus on classroom activities, they also can serve as outside assignments with slight modifications. 1. Pretend that you overheard a student in the hallway announce, “I don’t care about inter¬national law or justice. International law and justice has little to do with my life or with my friends’ or fam¬ily’s lives.” Ask the class how they would persuade this student that he/she might be mistaken. To persuade the student that international law and justice are relevant to their life and the lives of their friends and family, the class could consider the following points: 1. Interconnectedness of the World: Explain how events and issues in one part of the world can have ripple effects that reach far beyond their immediate location. International law and justice help manage these interconnected issues, ensuring stability and fairness. 2. Globalization: Discuss how globalization has made the world more interconnected economically, socially, and politically. International law helps regulate these interactions, ensuring fair treatment and accountability. 3. Human Rights: Highlight the role of international law in protecting fundamental human rights globally. Discuss specific examples where international justice mechanisms have addressed human rights abuses, showing the impact on individuals and communities. 4. Conflict Resolution: Explain how international law plays a crucial role in resolving conflicts peacefully and preventing future conflicts. Discuss how this can directly impact the safety and security of individuals and communities. 5. Environmental Protection: Discuss how international environmental law protects the planet and affects everyone's quality of life. Highlight examples of how violations of environmental laws can have far-reaching consequences. 6. Global Health: Show how international agreements and laws contribute to global health efforts, such as disease control and access to healthcare. Discuss how these efforts benefit individuals and communities worldwide. 7. Economic Development: Explain how international trade agreements and laws can impact economic development, job opportunities, and living standards globally. Highlight examples where international trade has directly affected individuals and communities. By demonstrating the broad impact of international law and justice on various aspects of life, the class can help the student see the relevance and importance of these concepts in their daily lives and the lives of those around them. 2. Ask students to common on the idea that international law is primitive but evolving. Have them identify arguments and evidence support these contentions. To address the notion that international law is primitive but evolving, students can consider the following arguments and evidence: 1. Primitive Nature of International Law: • Lack of Enforcement Mechanisms: One argument is that international law lacks strong enforcement mechanisms compared to domestic laws. There is no global police force or judiciary to ensure compliance. • Limited Scope: International law traditionally focused on state-to-state interactions, often neglecting the rights and responsibilities of individuals and non-state actors. • Sovereignty Concerns: States are often reluctant to cede authority to international institutions, leading to gaps in enforcement and compliance. 2. Evidence of Evolution: • Expansion of International Law: Over time, international law has expanded to cover a wider range of issues, including human rights, environmental protection, and international criminal law. • Creation of International Institutions: The establishment of institutions such as the International Criminal Court (ICC) and the International Court of Justice (ICJ) demonstrates a growing commitment to enforce international norms. • Customary International Law: Customary international law, based on state practice and acceptance, has evolved to reflect changing norms and values. • Soft Law and Norms: The development of soft law, such as declarations and resolutions, has helped shape state behavior and expectations, contributing to the evolution of international law. 3. Challenges to Evolution: • State Sovereignty: The principle of state sovereignty continues to be a major challenge to the evolution of international law, as states are often reluctant to relinquish control over their domestic affairs. • Power Dynamics: The influence of powerful states can hinder the development of international law, as these states may seek to protect their interests at the expense of broader norms and principles. • Implementation and Compliance: Despite progress in developing international legal norms, implementation and compliance remain significant challenges, limiting the effectiveness of international law in practice. In conclusion, while international law may be seen as primitive in some respects, there is evidence to suggest that it is evolving to address new challenges and reflect changing norms and values in the global community. The development of international institutions, expansion of legal frameworks, and increasing acceptance of international norms all indicate a trend towards a more robust and effective system of international law. 3. Have the class imagine that the foreign minister of the landlocked country of Pedagogia recently attended an international environmental conference where she signed an agreement to restrict whaling. However, she resisted signing an agree¬ment to limit the use of high-sulfur coal, her country’s largest export. Ask them if this incident suggests something about the effectiveness of international law. Extend the discussion to include contemporary international po¬litical issues. The scenario involving the foreign minister of Pedagogia highlights several aspects of the effectiveness of international law and raises broader questions about contemporary international political issues. 1. Selective Compliance: The foreign minister's actions suggest that countries may selectively comply with international agreements based on their national interests. This raises questions about the enforceability and effectiveness of international law when countries prioritize their economic interests over environmental concerns. 2. Power Dynamics: The scenario also reflects power dynamics in international relations. Countries with significant economic interests, such as Pedagogia with its high-sulfur coal exports, may resist agreements that could negatively impact their economy, highlighting the challenges of achieving consensus on global issues. 3. Effectiveness of International Law: The incident raises questions about the effectiveness of international law in addressing complex global challenges. While agreements like the one to restrict whaling may be easier to achieve due to the moral and ethical considerations involved, agreements that directly impact economic interests are more challenging to enforce. 4. Contemporary Issues: The scenario can be extended to discuss contemporary international political issues, such as the role of major powers in shaping global agreements, the impact of climate change on vulnerable countries, and the need for collective action to address environmental challenges. 5. Global Governance: The scenario underscores the need for effective global governance mechanisms to ensure that countries adhere to international agreements and address issues that require collective action, such as climate change and environmental protection. In conclusion, the scenario of the foreign minister of Pedagogia highlights the complexities and challenges of achieving effective international cooperation through law. It underscores the importance of addressing power dynamics, economic interests, and the need for robust global governance mechanisms to address pressing global challenges. 4. Highlight how the U.S. deficit is increasing, and note that all branches of government are reviewing their budgets. Inform the class that the United States spends a lot of money to sup¬port the UN and promote adherence to international law, and have the class discuss whether or not the United States government should slash financial support for anything related to supporting international law. The question of whether the United States should slash financial support for anything related to supporting international law is a complex and nuanced issue. Here are some points that could be raised in the class discussion: 1. Value of International Law: International law plays a crucial role in promoting global stability, peace, and cooperation. It provides a framework for resolving disputes peacefully, protecting human rights, and addressing global challenges such as climate change, terrorism, and pandemics. 2. UN and International Law: The United Nations (UN) plays a central role in promoting and upholding international law. It provides a forum for dialogue and cooperation among nations, facilitates peacekeeping missions, and supports development efforts around the world. 3. U.S. Leadership: As a leading global power, the United States has traditionally played a key role in promoting international law and supporting the work of the UN. Its financial support helps fund important initiatives and programs that benefit the international community. 4. Budgetary Constraints: The U.S. deficit and the need to review budgets across all branches of government raise questions about priorities and spending. While it is important to ensure fiscal responsibility, cutting support for international law could have long-term negative consequences for U.S. interests and global stability. 5. Balancing Priorities: The class could discuss the importance of balancing domestic priorities with international obligations. While there may be pressure to cut funding for international programs, it is important to consider the broader impact of such cuts on U.S. foreign policy goals and global leadership. 6. Alternative Approaches: Instead of slashing financial support, the United States could explore alternative approaches to supporting international law, such as leveraging diplomatic efforts, engaging in multilateral partnerships, and advocating for reforms within international institutions. In conclusion, the question of whether the United States should slash financial support for anything related to supporting international law is a complex issue that requires careful consideration of the broader implications for global stability, U.S. foreign policy goals, and the effectiveness of international law in addressing global challenges. 5. The text notes that laws derive from three sources: laws based on divine principles; natural laws based on rights and obligations that everyone shares by being human; and laws derived by customs and practices of society. Ask the class to identify international laws derived from each and discuss the relative merits and weaknesses of each as a founda¬tion for international law. The question prompts a discussion on the sources of international law—divine principles, natural laws, and customs and practices of society—and their merits and weaknesses as foundations for international law: 1. Divine Principles: • Merits: Divine principles are often seen as immutable and universal, providing a strong moral foundation for laws. They can promote a sense of moral duty and accountability among states. • Weaknesses: The interpretation of divine principles can be subjective and may vary among different religions or belief systems. This can lead to disagreements and conflicts over the application of divine principles in international law. 2. Natural Laws: • Merits: Natural laws are based on the idea of inherent rights and obligations that all individuals share by virtue of being human. This concept can promote the idea of universal human rights and fundamental freedoms. • Weaknesses: The concept of natural law can be abstract and may vary in interpretation. It may also be challenging to enforce natural laws in practice, especially in cases where states prioritize national interests over universal principles. 3. Customs and Practices of Society: • Merits: Customs and practices reflect the actual behavior and norms of states in their interactions with each other. They can provide a practical basis for laws that are grounded in real-world practices. • Weaknesses: Customs and practices can be influenced by power dynamics and historical contexts, which may not always align with principles of justice and fairness. They may also be slow to adapt to changing norms and values. In conclusion, each source of international law has its merits and weaknesses. Divine principles can provide a strong moral foundation but may lack universal acceptance. Natural laws emphasize universal rights but may be challenging to enforce. Customs and practices reflect real-world behavior but may not always align with principles of justice. A combination of these sources, along with contemporary legal principles and international agreements, can provide a more comprehensive foundation for international law. 6. Ask students why they comply with domestic laws. (A good place to start is their compliance with speeding laws and their compliance with stop sign and right-of-way laws.} List the reasons that students offer. Categorize these into compliance and enforcement. The ensuing discussion should highlight the nature and role of both enforcement and compliance dimensions. Ask students to compare their behaviors with those of states. Discuss why enforce¬ment by central authorities is relatively less frequent on the international scene than it is on the domestic scene. When discussing why students comply with domestic laws, particularly using examples like speeding laws and stop sign/right-of-way laws, it's common for students to offer various reasons. These reasons can be categorized into compliance and enforcement factors: 1. Compliance Factors: • Social Norms: Many students comply with domestic laws because they believe it is the right thing to do and because it aligns with societal norms. • Personal Safety: Compliance with laws such as stop sign and right-of-way laws is often motivated by a desire to avoid accidents and ensure personal safety. • Respect for Authority: Some students comply with laws because they respect the authority of the government and its role in setting and enforcing laws. 2. Enforcement Factors: • Fear of Punishment: The fear of getting caught and facing legal consequences, such as fines or points on a license, can be a significant factor in compliance. • Visible Enforcement: The presence of law enforcement officers and the perception of active enforcement can also influence compliance. When comparing student behaviors with those of states, it becomes apparent that the enforcement of laws by central authorities is relatively less frequent on the international scene than on the domestic scene. This can be attributed to several reasons: 1. Lack of Centralized Authority: Unlike domestic legal systems where there is a centralized authority (government) responsible for enforcement, the international system is decentralized, with multiple actors (states, international organizations) sharing power. This makes enforcement more challenging. 2. State Sovereignty: States are sovereign entities with the right to govern themselves. They are often reluctant to cede authority to international institutions, which can hinder enforcement efforts. 3. Resource Constraints: International enforcement efforts require significant resources, including cooperation among states, financial resources, and logistical support, which can be difficult to mobilize. 4. Political Will: The political will to enforce international laws and norms can vary among states, leading to inconsistent enforcement efforts. In conclusion, the discussion highlights the complex nature of enforcement and compliance in international law compared to domestic law, emphasizing the challenges associated with enforcement on the international scene due to factors such as state sovereignty, decentralized authority, and resource constraints. 7. Have students evaluate the argument made by the United States and other nations that submitting to decisions of the Inter¬national Court of Justice and agreeing to such international treaties as the Law of the Sea Convention poses a threat to national sovereignty and limits a state’s right to pursue its own self-interest. The argument made by the United States and other nations that submitting to decisions of the International Court of Justice (ICJ) and agreeing to international treaties such as the Law of the Sea Convention poses a threat to national sovereignty and limits a state's right to pursue its own self-interest can be evaluated from several perspectives: 1. Sovereignty vs. Cooperation: Critics argue that submitting to decisions of international courts and treaties limits a state's sovereignty by subjecting it to external authority. However, proponents argue that such cooperation is essential for addressing global challenges that require collective action, such as environmental protection and human rights. 2. Balancing Sovereignty and Global Governance: While sovereignty is a fundamental principle of international relations, it is not absolute. States voluntarily enter into treaties and agreements to achieve mutual benefits and address shared concerns. This balancing act is crucial for maintaining order and stability in the international system. 3. Benefits of International Cooperation: Participating in international courts and treaties can provide states with benefits such as access to dispute resolution mechanisms, protection of rights and interests, and enhanced global legitimacy. These benefits can outweigh the perceived limitations on sovereignty. 4. Limits on Self-Interest: Critics argue that international agreements limit a state's ability to pursue its own self-interest. However, it can be argued that self-interest is not always served by unilateral actions and that cooperation and adherence to international norms can lead to long-term benefits for states. 5. Global Interdependence: In an increasingly interconnected world, the actions of one state can have ripple effects on others. Cooperation through international agreements can help manage interdependence and promote global stability and prosperity. In conclusion, while there are valid concerns about the impact of international courts and treaties on national sovereignty, it is important to recognize the benefits of international cooperation in addressing global challenges. Balancing sovereignty with the need for global governance is essential for maintaining a stable and prosperous international order. 8. Inform the class that the Foreign Affairs Com¬mittee of their government asked them to explain how the Interna-tional Court of Justice can help states that want to resolve a dispute but are unable to because of domestic pressures. Ask students to develop a scenario to illustrate their explanations, and challenge them to include an explanation of the type(s) of situation(s) in which this approach would probably be ineffective. The International Court of Justice (ICJ) can help states that want to resolve a dispute but are unable to due to domestic pressures by providing a neutral forum for dispute resolution. Here's a scenario to illustrate this: Scenario: Country A and Country B have been engaged in a territorial dispute over a border region for many years. Both countries have expressed a desire to resolve the dispute peacefully, but domestic political pressures make it difficult for them to reach a compromise. Nationalist sentiments in both countries have led to public demands for the government to take a hardline stance and not back down on territorial claims. In this scenario, the ICJ can help facilitate a resolution by providing a legal framework for the dispute. Both countries can agree to submit the case to the ICJ, allowing the court to examine the legal merits of their claims based on international law and precedent. By doing so, both countries can demonstrate to their domestic audiences that they are pursuing a peaceful and lawful resolution to the dispute. However, there are situations in which this approach may be ineffective: 1. Lack of Trust: If there is a lack of trust between the two parties or if one party believes that the ICJ is biased, they may not be willing to submit to the court's jurisdiction. 2. Non-Binding Nature: The ICJ's decisions are generally binding, but there are cases where states have refused to comply with rulings. If either party believes that they can ignore the court's decision without facing significant consequences, they may be reluctant to submit to the ICJ. 3. Complexity of the Issue: Some disputes are inherently complex and may not have clear legal solutions. In such cases, the ICJ's ability to resolve the dispute may be limited. 4. Political Considerations: Domestic political considerations, such as the desire to maintain power or popularity, can override the desire for a peaceful resolution. If leaders prioritize domestic political interests over international cooperation, they may be unwilling to engage with the ICJ. In conclusion, while the ICJ can be a valuable tool for resolving disputes between states, its effectiveness depends on various factors, including the willingness of parties to submit to its jurisdiction and the complexity of the dispute. 9. Summarize a controversial document of international law, such as the Law of the Sea Convention, the Inter¬national Whaling Commission’s ban on whaling, or the Kyoto accord for the class. Then, assign groups of students to represent Japan, the United States, Canada, several European countries, China, less developed countries, and newly industrializing countries. At least two-thirds of the class should represent LDCs or NICs. Ask each group to present its perspective on the document. Compare responses. Debrief by using the experience as a basis for discussing the possibility of de¬veloping international law that is acceptable to people from different cultures. Summary of the Law of the Sea Convention: The Law of the Sea Convention, also known as UNCLOS (United Nations Convention on the Law of the Sea), is a comprehensive international treaty that sets out the rights and responsibilities of nations regarding the use of the world's oceans. It establishes rules for maritime zones, navigation, environmental protection, scientific research, and the exploitation of natural resources. UNCLOS was adopted in 1982 and has been ratified by the majority of the world's nations, including all major maritime powers. Perspectives on the Law of the Sea Convention: 1. Japan: Japan is a maritime nation heavily reliant on the ocean for resources and transportation. Japan may support UNCLOS as it provides a framework for maritime cooperation and resource management. 2. United States: The U.S. has not ratified UNCLOS, citing concerns over certain provisions related to deep-sea mining and the potential for excessive maritime claims by other nations. The U.S. prefers to rely on customary international law for its maritime activities. 3. Canada: Canada has ratified UNCLOS and generally supports its provisions, particularly those related to fisheries management and environmental protection in the Arctic. 4. European countries: Most European countries have ratified UNCLOS and view it as a crucial framework for maritime governance, ensuring the protection of their marine resources and rights. 5. China: China has ratified UNCLOS but has occasionally asserted maritime claims that are seen as inconsistent with the convention, particularly in the South China Sea. China may support UNCLOS in principle but seek to interpret it in a way that aligns with its national interests. 6. Less developed countries (LDCs): LDCs may see UNCLOS as a means to secure their rights to marine resources and protect their maritime environment. They may also seek support from developed countries for capacity-building in maritime governance. 7. Newly industrializing countries (NICs): NICs may view UNCLOS as a framework that balances their economic interests in exploiting marine resources with their environmental and sustainability concerns. The exercise of assigning groups to represent different countries allows students to understand the complexities of international negotiations and the diverse perspectives that shape international law. It highlights the challenges of developing laws that are acceptable to people from different cultures and backgrounds. The debriefing session can focus on the importance of dialogue, compromise, and mutual respect in the development of international law that reflects the interests of all nations. 10. Probe students to determine if they believe international law and justice will continue to make progress in con¬trolling the anarchy of the international arena. Be certain that the students address the forces that promote and inhibit the expansion of international law and justice. The question of whether international law and justice will continue to make progress in controlling the anarchy of the international arena is complex and multifaceted. Students may offer various perspectives on this issue, considering the forces that promote and inhibit the expansion of international law and justice: Forces Promoting Progress in International Law and Justice: 1. Globalization: The increasing interconnectivity of the world has made cooperation and adherence to international norms more essential, leading to a trend towards strengthening international law. 2. Human Rights Movements: The growth of human rights movements has raised awareness and pressure for states to comply with international human rights standards, leading to the development of new legal instruments and enforcement mechanisms. 3. International Institutions: Institutions such as the United Nations, International Criminal Court, and World Trade Organization play crucial roles in promoting and enforcing international law, contributing to its expansion. 4. Interdependence: The recognition of global challenges such as climate change, terrorism, and pandemics has highlighted the need for collective action, driving the development of new international legal frameworks. 5. Norms and Values: Evolving norms and values in the international community, such as a greater emphasis on democracy, rule of law, and human rights, create pressure for states to adhere to international legal standards. Forces Inhibiting Progress in International Law and Justice: 1. State Sovereignty: States are often reluctant to cede authority to international institutions, leading to resistance to binding international legal obligations that may limit their sovereignty. 2. Power Politics: Powerful states may seek to maintain their dominance and influence international law in their favor, undermining efforts to create a more equitable and just legal framework. 3. Enforcement Challenges: The lack of effective enforcement mechanisms for international law can undermine compliance and limit its effectiveness in addressing global issues. 4. Legal Pluralism: The coexistence of different legal systems and traditions can create challenges in harmonizing and enforcing international legal norms. 5. Resource Constraints: Developing and enforcing international law requires significant resources, which may be lacking in some contexts, hindering progress. In conclusion, while there are challenges to the expansion of international law and justice, the forces promoting progress, such as globalization, human rights movements, and international institutions, suggest that there is a trend towards greater compliance and adherence to international legal standards. However, overcoming the inhibiting forces, such as state sovereignty and enforcement challenges, will require continued efforts and cooperation among states and international actors. Out-of- Class Activities 1. Keep a detailed diary of your activities for a day that includes such entries as “the radio alarm went off and I got up and took a shower, got dressed, and went downstairs to eat breakfast.” At the end of the day, analyze your diary and note all of the ways that international law may affect your life. For example, agreements regarding inter¬national time zones, assigned radio frequencies, trade agreements, nutritional standards, and product safety agreements all affect everyday events. Discuss your findings. Keeping a detailed diary of my activities for a day and analyzing it to note all the ways that international law may affect my life reveals a myriad of impacts that are often overlooked in daily routines. Here is a framed answer based on a hypothetical diary entry: Diary Entry: April 30, 2024 • 6:00 AM: The radio alarm went off, tuned to a specific frequency. This frequency allocation is likely regulated by international agreements to avoid interference between stations. • 6:15 AM: Took a shower using a shampoo that complies with international safety and labeling standards. • 6:45 AM: Had breakfast with coffee from a fair trade agreement, ensuring that the farmers are paid fair prices. • 7:30 AM: Commuted to work, driving on roads built with materials possibly traded under international agreements. • 12:00 PM: Attended a business meeting discussing imports and exports, governed by trade agreements that affect pricing and availability of products. • 1:00 PM: Lunch at a restaurant with food prepared according to international health and safety regulations. • 3:00 PM: Purchased a product online, protected by international trade laws ensuring authenticity and safety. • 6:00 PM: Attended a community meeting discussing the impact of climate change, highlighting the importance of international environmental agreements. Analysis: International law permeates my daily life in numerous ways. From the radio frequencies I tune into to the products I consume, international agreements on trade, safety, health, and the environment shape my experiences. These agreements not only impact the availability and quality of products but also contribute to broader issues like fair trade, environmental sustainability, and global health standards. This exercise illustrates the interconnectedness of our world and the importance of international cooperation in shaping our daily lives. This framed answer demonstrates how various aspects of daily life are influenced by international law and agreements, reflecting the interconnected nature of our global society. 2. Research international agreements reached during the last five years. List them and categorize them based on whether they address functional relations or deal with high politics. What conclusions might you draw from your list? Researching international agreements reached in the last five years and categorizing them based on whether they address functional relations or high politics reveals the trends and priorities in global governance. Here is a framed answer based on hypothetical research: International Agreements Reached in the Last Five Years: 1. Paris Agreement (2015)- High Politics: Addresses climate change mitigation and adaptation, a high-profile issue with global implications. 2. Trans-Pacific Partnership (TPP) (2018)- High Politics: Focuses on trade liberalization and economic cooperation among Pacific Rim countries. 3. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) (2018)- High Politics: A revised version of the TPP after the United States' withdrawal, emphasizing free trade and economic integration. 4. UN Treaty on the Prohibition of Nuclear Weapons (2017)- High Politics: Aims to prohibit nuclear weapons and promote nuclear disarmament globally. 5. EU-Japan Economic Partnership Agreement (2018)- Functional Relations: Aims to enhance economic cooperation and trade between the European Union and Japan. 6. Kigali Amendment to the Montreal Protocol (2016)- Functional Relations: Seeks to phase down the production and consumption of hydrofluorocarbons (HFCs) to reduce global warming. Conclusions: • High politics agreements often focus on critical global issues such as climate change and nuclear disarmament, reflecting the need for international cooperation on pressing challenges. • Functional relations agreements, while less prominent, play a crucial role in facilitating economic cooperation and addressing specific issues like environmental protection. • The mix of agreements suggests a complex interplay between issues of global significance and more practical, functional cooperation, highlighting the diverse nature of contemporary international relations. This framed answer demonstrates the range of international agreements reached in recent years and highlights the importance of categorizing them based on their focus on functional relations or high politics to understand global governance trends. 3. Research international agreements and other interna¬tional legal developments during the past year. How might you use these agreements as examples of a primitive but evolving legal system? Researching international agreements and other legal developments over the past year can provide insights into the evolving nature of the global legal system. Here's a framed answer based on hypothetical research: International Agreements and Legal Developments in the Past Year: 1. United Nations Treaty on the Prohibition of Nuclear Weapons (2021) - This treaty represents a significant development in international law, demonstrating a growing consensus on the need for nuclear disarmament. 2. Paris Agreement (2021 Updates) - The updates to the Paris Agreement reflect ongoing efforts to strengthen global commitments to combating climate change, showcasing the iterative nature of international agreements. 3. Trade Agreements (Various) - Recent trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP), highlight the continued importance of economic cooperation and trade liberalization in the international legal framework. 4. Human Rights Developments (Various) - Recent legal developments in human rights, including court decisions and international declarations, demonstrate the evolving understanding of human rights and the efforts to protect them globally. Using These Agreements as Examples of a Primitive but Evolving Legal System: • These agreements represent a primitive legal system in the sense that they are not as comprehensive or binding as a domestic legal system. However, they are evolving as they increasingly address complex global issues and involve more states in their negotiation and implementation. • The evolving nature of these agreements is evident in their iterative updates and amendments, demonstrating a willingness among states to adapt and improve upon existing legal frameworks. • While these agreements may not yet have the enforcement mechanisms or universal participation of a fully developed legal system, they serve as important examples of how international law is evolving to address global challenges in a more structured and systematic manner. This framed answer illustrates how recent international agreements and legal developments can be viewed as examples of a primitive but evolving legal system, highlighting the progress and complexities of global governance. 4. Research the effects of economic sanctions against Iraq between 1990 and 2003. Consider the availability of food and medicine and the resulting death rates, especially of children. Using your information, address the following question: “Is it moral, should it be legal, that we—the collective of states in the UN—assailed the Iraqi children to punish Iraq’s regime?” Try to frame your answer in a broader context. Researching the effects of economic sanctions against Iraq between 1990 and 2003 reveals a complex and morally challenging issue. Here's a framed answer based on hypothetical research: Effects of Economic Sanctions Against Iraq (1990-2003): • The economic sanctions imposed on Iraq during this period severely restricted its ability to import food, medicine, and other essential goods. • The sanctions led to a significant deterioration in the availability of food and medicine, contributing to a humanitarian crisis in Iraq. • The resulting death rates, especially among children, were alarmingly high, with estimates suggesting tens of thousands of excess deaths annually, primarily due to malnutrition and lack of access to medical care. Addressing the Moral and Legal Dimensions: • From a moral standpoint, the question of whether it was justified to use economic sanctions that resulted in the suffering and death of innocent civilians, especially children, is deeply troubling. • While the intention may have been to pressure the Iraqi regime, the disproportionate impact on vulnerable populations raises ethical concerns about the means used to achieve political goals. • The legality of the sanctions under international law is also debatable, as they arguably violated the principle of proportionality, which requires that the harm caused by sanctions be proportionate to the intended goal. Broader Context: • The case of Iraq highlights the complex interplay between morality, legality, and international politics in the use of economic sanctions as a tool of coercion. • It raises questions about the effectiveness of sanctions in achieving their intended objectives, as well as their unintended humanitarian consequences. • The case underscores the need for a more nuanced and ethical approach to international relations, one that considers the human cost of political decisions and seeks to minimize harm to innocent populations. Conclusion: • While economic sanctions can be a legitimate tool of international diplomacy, their use should be guided by ethical principles and respect for human rights. • The case of Iraq serves as a cautionary tale, reminding us of the moral complexities involved in international affairs and the importance of balancing political objectives with humanitarian considerations. This framed answer attempts to address the moral and legal dimensions of using economic sanctions against Iraq in a broader context, highlighting the need for a more ethical approach to international relations. 5. Gather information for a month about forces promoting and limiting the expansion and development of inter¬national law. Use a variety of news media. Synthesize data from all class members and analyze it. What trends do you see? What short-term and long-term predictions would you make? Do your findings support the idea of a primitive but evolving legal system? Why or why not? Gathering information for a month about forces promoting and limiting the expansion and development of international law from a variety of news media sources can provide valuable insights into current trends. Here's a framed answer based on hypothetical research and analysis: Forces Promoting and Limiting the Expansion and Development of International Law: 1. Promoting Forces: • Increased globalization and interconnectedness, leading to greater recognition of the need for common rules and standards. • Growing awareness of global challenges such as climate change, terrorism, and human rights abuses, prompting calls for stronger international legal frameworks. • Efforts by international organizations such as the United Nations and the International Criminal Court to promote adherence to international law. 2. Limiting Forces: • Nationalism and sovereignty concerns, leading some states to resist international legal obligations that they perceive as infringing on their sovereignty. • Power dynamics and geopolitical rivalries that can hinder consensus-building and enforcement of international legal norms. • Lack of enforcement mechanisms and compliance mechanisms, weakening the effectiveness of international law in certain cases. Trends: • Increasing recognition of the need for international cooperation and legal frameworks to address global challenges. • Growing complexity and specialization in international law, reflecting the diverse nature of contemporary global issues. • Persistent challenges in enforcement and compliance, particularly in cases where powerful states are involved. Short-term and Long-term Predictions: • Short-term predictions might include continued debates and negotiations over specific issues such as climate change agreements and human rights protections. • Long-term predictions could include gradual strengthening of international legal frameworks, as states recognize the benefits of cooperation in addressing global challenges. Support for a Primitive but Evolving Legal System: • The trends and predictions support the idea of a primitive but evolving legal system. While international law may not yet be as comprehensive or enforceable as domestic legal systems, it is evolving to address complex global issues and challenges. • The synthesis of data from various news media sources reveals a dynamic and evolving landscape of international law, with ongoing efforts to expand its reach and effectiveness. This framed answer highlights the forces promoting and limiting the expansion of international law, identifies trends, and offers short-term and long-term predictions, supporting the concept of a primitive but evolving legal system. 6. Scan the news media for examples of international law’s concern with human rights. What legal questions or problems do these examples raise? What organizations or mechanisms are bringing these issues to the attention of the international community? Are these institutions effective? Knowing what you know about international law, attempt to draft a reform that would address this issue more effectively. Scanning the news media for examples of international law's concern with human rights reveals a range of issues and challenges. Here's a framed answer based on hypothetical examples: Examples of International Law Concerns with Human Rights: 1. Refugee Rights: News reports highlight the plight of refugees fleeing conflict or persecution and their struggle to find safety and protection in accordance with international law. 2. Freedom of Expression: Cases of censorship and repression of free speech raise questions about compliance with international standards protecting this fundamental right. 3. Torture and Inhumane Treatment: Reports of torture and inhumane treatment in detention facilities challenge the adherence to international conventions prohibiting such practices. 4. Women's Rights: Violations of women's rights, including gender-based violence and discrimination, underscore the need for stronger enforcement of international laws protecting women. 5. Child Labor: Instances of child labor raise concerns about compliance with international standards aimed at protecting children's rights. Legal Questions or Problems Raised: • Lack of enforcement mechanisms and compliance by states with international human rights standards. • Challenges in holding perpetrators of human rights abuses accountable under international law. • The role of state sovereignty in limiting the effectiveness of international human rights instruments. Organizations or Mechanisms Bringing Issues to Attention: • The United Nations (UN) and its various bodies, such as the Human Rights Council and the Office of the High Commissioner for Human Rights, play a key role in monitoring and addressing human rights violations. • Non-governmental organizations (NGOs) and civil society groups often work alongside international institutions to advocate for human rights and bring attention to violations. Effectiveness of Institutions: • The effectiveness of these institutions varies. While they play a crucial role in highlighting human rights issues and advocating for change, their impact can be limited by political considerations and the reluctance of states to adhere to international norms. Drafting a Reform for More Effective Addressing of Human Rights Issues: • One potential reform could be the establishment of an independent, international human rights court with the authority to prosecute individuals and states for human rights violations. • Strengthening mechanisms for monitoring and reporting on human rights abuses, with increased transparency and accountability for states. • Enhancing the role of civil society and NGOs in human rights monitoring and advocacy, ensuring their voices are heard in international forums. This framed answer highlights the legal questions and problems raised by international law's concern with human rights, the organizations involved, and potential reforms to address these issues more effectively. Suggestions for Further Reading Claude, Innis L., Jr. 1988. States and the Global System: Politics, Law and Organization. New York: St. Martin’s. Explores the tension between state interests and interna¬tional law. Damrosch, Lori Fisher, and David J. Scheffer, eds. 1991. Law and Force in the New International Order. Boulder, CO: Westview Press. A collection of essays by U.S. and Russian scholars on the use of force and the applicability of law in self-defense, collective security, intervention, and arms control. Forsythe, David. 1989. Human Rights and World Politics. Lincoln: University of Nebraska Press. Comprehensive ex¬ploration of the concept of human rights, their protection under law, and the conflict between human rights and sovereignty. Franck, Thomas. 1992. Political Questions, Judicial Answers: Does the Rule of Law Apply to Foreign Affairs? Princeton: Princeton University Press. A contemporary view of one of the most difficult questions in international relations by a prominent legal scholar. Henkin, Louis, Jr., et al. 1991. Right v. Might: International Law and the Use of Force, 2nd ed. New York: Council on Foreign Relations Press. Essays on the relationship between international law and the use of force. Malanczuk, Peter. 1997. Akehurst’s Modern Introduction to International Law, 7th ed. New York: Routledge. This text provides a comprehensive look at all areas of international law as well as the sources that provide its basis. Mazrui, Ali. 1990. Cultural Forces in World Politics. Lon¬don: James Curry. Explores the intertwining of culture with power in international affairs. Moynihan, Daniel Patrick. 1990. On the Law of Nations. Cambridge, MA: Harvard University Press. A leading American politician and scholar reflect on the role of inter-national law in both world politics and U.S. domestic policymaking and how it affected the nature of foreign relations in the twentieth century. Slomanson, William R. Fundamental Perspectives on International Law, 3rd edition. This is combines a mix of cases, primary documents, and analysis of international law and its role in the global system. Solution Manual for Global Politics: Engaging a Complex World Mark Boyer, Natalie Hudson, Michael Butler 9780078024818, 9781259146480
Download
Close
Close
