International Relations and Global History

International Law

• A set of rules and principles binding upon states in their interactions
• These rules can be general, opening high seas to all nations, or specific, created by treaties

The Modern State System

• Replaced the medieval system of feudal overlords and private dominions
• Characterized by the idea of the state as a "res publica"
• Transition marked creation of modern governments, with centralized authority acting in the public interest

The Period From 1500 to 1648

• Rise of modern Europe led to major economic, social, political, and cultural transformations
• Expansion occurred in population, commercial activity, and geographical discoveries that integrated Europe into the world economy

The Iberian Peninsula

• Spain achieved dominance through unification of Castile and Aragon in 1469 under Isabella and Ferdinand
• Spain's unification led to religious and national unity, military and colonial expansion (especially in the Americas and the Caribbean), and Spanish Habsburg domination in Italy
• Portugal gained maritime power after achieving independence in the late 1400s
• Portugal was motivated by trade control and containing Muslim influence, expanding in Africa, India, and the East Indies
• The Portuguese maritime empire extended from Europe to China by the early 1500s

The Slave Trade

• The need for labor in European colonies led to involvement in the Atlantic slave trade
• The triangular trade included goods from Europe to Africa, slaves from Africa to the Americas, and raw materials from America to Europe
• Portugal and Spain were key players in the trade, followed by other European nations

Decline of Spanish and Portuguese Power

• By the mid-1500s, Portugal faced internal and external pressures, including military failures and resource scarcity
• In 1580, Spain annexed Portugal until Portugal regained its independence in 1668
• Spain faced financial difficulties, internal struggles, and challenges from rising powers like England and France
• Financial mismanagement and religious persecution contributed to Spain's downfall

The Thirty Years' War (1618–1648)

• The largely Catholic/Protestant war devastated Central Europe, causing approximately 60–70% population loss from war, disease, famine, and expulsion
• The war was a battle for political power between the european powers, it marked the peak of the conflict between Catholics and Protestants
• In 1517, the Protestant Reformation began when John Calvin and Martin Luther denounced the Roman Catholic Church
• The war shifted Europe's balance of power, ending the Catholic-Protestant struggle and beginning modern state-based diplomacy

The Role of the Papacy and the Holy Roman Empire

• Medieval Europe was governed by the Papacy, acting as spiritual authority, and the Holy Roman Empire, acting as temporal authority over Christendom
• These institutions hindered the development of independent states due to much of Europe being considered part of the Republica Christiana under the Emperor's control

The Peace of Westphalia (1648)

• Marked the end of the Thirty Years' War and the decline of the Papacy and Holy Roman Empire's dominance in Europe
• Led to the sovereign equality of states, allowing them independence and freedom to manage their relations based on self-interest and equality
• Established the Westphalian system of international relations, a foundation of modern international law
• Set the stage for the development of international law, emphasizing sovereignty and state independence

Impact on International Law

• The Westphalian model led to recognition of state sovereignty and the emergence of independent, sovereign states free from universal religious or imperial control
• It established the principles of sovereign equality and territorial integrity as central to modern international law, later in the UN Charter

The Period From 1648 to 1815

• The Netherlands, Britain, and France were the three powers that dominated Europe after 1648
• The Netherlands gained independence from Spain and developed a large economy, military, and maritime presence
• Britain and France expanded their influence globally through colonies and trade

French Hegemony

• France became the dominant power in Europe after the Peace of Westphalia and the Treaty of the Pyrenees
• French culture and language became influential in diplomacy and education
• Despite its dominance, France faced resistance from other European powers and conflicts with Britain, particularly over overseas territories

The American Revolution

• The American War of Independence (1775–1783) marked a major shift, with Britain losing control over its colonies and leading to the birth of the United States
• This introduced the concept of the "nation-state" with voluntary association under common laws, contrasting traditional monarchies

Napoleon's Expansion

• Napoleon Bonaparte rose to power in France in 1799 and expanded France's territory through the Napoleonic Wars
• By 1815, Napoleon's empire had weakened and was defeated at the Battle of Waterloo

The Congress of Vienna (1815)

• Post Napoleon's defeat, victorious powers (Britain, Russia, Prussia, Austria) met to restore Europe’s balance
• Their goal was to prevent future wars through collective decision-making, tensions grew, leading to conflicts regardless

European Balance of Power

• By the end of this period, the international order was based on a European balance of power
• International law reflected European values
• Western powers controlled access to this order, and non-European states could only participate on set terms

European Conferences and International Law

• The 19th century saw a rise in European diplomatic conferences, which helped shape war and conflict resolution rules
• These gatherings were key in expanding the application of international law, which was studied in academic institutions

The Period From 1815 to 1914

The Aftermath of the Vienna Settlement (1815)

• The settlement following the Napoleonic Wars focused on political and military stability but overlooked sources of conflict like national liberation, unification, and liberalism
• Germany's unification under Otto von Bismarck in 1871, after wars with Denmark, Austria, and France, was a turning point which led to European military competition

The Concert of Europe (1815-1850)

• The Concert of Europe refers to the system of diplomacy among major powers to maintain peace in Europe
• The successes were attributed to shared values, conflict management, and skilled diplomats
• Though defeated, France was included in negotiations to help restore peace post Napoleonic Wars, tensions with Germany increased after the Franco-Prussian War (1870-1871)

Colonialism and the Berlin Conference (1884-1885)

• The Berlin Conference of 1884-1885, led by Bismarck, formalized how European colonial powers would divide Africa without African representatives
• The Berlin Act outlined rules for territorial acquisition, recognized the need for authority in African colonies, but introduced the "terra nullius" theory
• Modern perspectives challenged ideas of colonial conquest and theory introduced in Berlin Act as seen in ruling on Western Sahara in 1975

Wilson's Fourteen-Point Plan and the Establishment of the League of Nations

• The aftermath of World War I led to a rethinking of international relations and a shift from the aims of war to building a more peaceful international order
• US President Woodrow Wilson put forward his Fourteen-Point Plan in January 1918 to create peace that would prevent future wars

Woodrow Wilson's Vision

• Peace agreements should be transparent (open diplomacy)
• Reduction in armaments should be consistent with national security (disarmament)
• Adjustment of colonial claims should respect of local populations (self-determination)
• Creation of a League of Nations preserve peace and guaranteeing states' independence and integrity

League of Nations

• The Treaty of Versailles (1919) officially ended the war with Wilson's vision of a League of Nations, though the US did not ratify it
• Article 8 of the Covenant of the League included disarmament w/reliable information about military capacities
• League had Collective Security to act against external aggression, with the League's Council advising
• Arbitration and judicial settlement had to happen to resolve disputes, The PCIJ was created (1922), the precursor to the ICJ
• Article 16 allowed penalizing any member state that resorted to war and impose economic sanctions

Disarmament and Peaceful Dispute Resolution

• The Kellogg-Briand Pact of 1928, signed by 65 countries, condemned war for resolving disputes and aimed to promote negotiation
• The League focused on peaceful dispute settlement, failed to prevent the rise of totalitarian regimes and WWII

Establishment of the United Nations

• Failure of the League of Nations and WWII’s devastation led to the establishment of the UN
• Between 1941 and 1945, the Allied powers sought to create future international peace
• The Declaration was signed by 26 countries, pledging to defeat Axis in 1942
• The UN was founded to promote peace and security, prevent conflicts, and uphold international law, as drafted by 50 countries in 1945

United Nation Principles

• Such principles are the prohibition of territorial expansion, the right of people to self-determination, and the promotion of economic cooperation

The Cold War Between the East and the West

• WWII created US/Soviet ideological division resulting in the Cold War characterized by rivalry between capitalist Western powers and communist Eastern bloc countries.
• The divide of Germany into East and West, with communist control in the East and capitalist control in the West
• The Cuban Missile Crisis in 1962, when the Soviet Union deployed nuclear missiles in Cuba, leading to a standoff with the United States

The United Nations and Decolonisation

• Significant post-WWII development was decolonization, The United Nations played a role in supporting the independence of colonial territories guided by equal rights and self-determination
• One UN involvement was role in addressing South Africa's apartheid policies to international sanctions that ended apartheid

The Rise of International Organizations

• Organizations have become key players mainly of states to address issues from security to economic cooperation, since the 19th century
• Their rise reflects the increasing complexity of international relations
• Though many organizations are focused on governance and diplomacy some are privately constituted but perform public functions

South Africa's Role in the United Nations

• South Africa played a role with Prime Minister Jan Smuts, helping draft the UN Charter, which reaffirmed commitments to human rights, equality, and the dignity of individuals
• Despite this prominent role, it’s apartheid policies cast a shadow, discriminatory treatment of racial policies after Power in 1948

International Isolation and Opposition to Apartheid

• After the Sharpeville massacre of 1960, global reaction to apartheid became forceful, with UN bodies condemning racial policies
• Over the decades, South Africa became a pariah state, the UN excluded SA from General Assembly in 1974, SA faced mandatory arms embargo in 1977

Contributions to International Law (Unintended)

• Actions during apartheid contributed to developing international law
• Human rights tenets were strengthened as a result of international opposition to apartheid, UN applied human rights to address apartheid's injustice
• The ICJ issued rulings on South West Africa (Namibia) that clarified aspects of law, especially regarding territories and self-determination

South Africa's Diplomatic Isolation

• The apartheid regime underscored limits of legitimacy, leading to legal precedents re: statehood/territorial integrity
• By the 1970s and 1980s, South Africa was isolated because it refused to align itself with the UN's post-WWII legal order

Final Years of Apartheid and Global Pressure

• International pressure on South Africa became significant where Global movements started SA’s system as incompatible so international sanctions played a role in forcing the government to reconsider

Post-Apartheid International Re-engagement (1994 Onwards)

• Transformation of South Africa's position marks one of more significant shifts because democracy lead to a reversal from being a pariah state to influential

Restoration of Membership in International Organizations

• Membership of the UN was restored and South Africa resumed its seat in the UN General Assembly
• Rejoined the Commonwealth, organization of former British colonies, after withdrawing in 1961 for apartheid
• Memberships reinforced South Africa's commitment to regional cooperation and solidarity in Africa

Diplomatic and Trade Relations

• South Africa also resumed diplomatic relations with other nations
• Lifted international SANCTIONS SA faced during including trade embargos and financial restrictions
• South Africa demonstrated a commitment when the new govt signed numerous rights treaties and conventions
• Under President MANDELA pursued a universalist policy sought champion peace, justice, rights

Emergence as a Global Leader

• South Africa became a global leader through participating bodies of UN security council.
• BRICS welcomed SA to continue helping governance.

Role as a Peace Broker in Africa

• SA became a peace broker in areas DRC, BUR
• Displayed SA peace in continent in its identity as a force towards conflict

Private International Law

• Often referred to as conflict of laws, deals with legal relationships between private individuals or entities involving legal system
• Operates when there are legal conflicts between parties from different countries, and determines which jurisdiction's laws govern

Difference Between Private International Law and Public International Law

• Public governs relations between states/international orgs on treaties, war rights
• Private governs relationships of individuals across nations focusing cross border issues contracts, property, family, tort

Public International Law vs. Comparative Law (in South Africa)

• Public governs between sovereign states and international organizations with diplomatic relations, treaty law, human rights
• Is incorporated SA legal system under Article 39(1)(b of Constitution that international law tested by courts rights.
• Comparative law is a study how diff legal systems used, what similarities it has

Intersection with South African Constitution

• SA constitution used for public as comparative law

The Role of International Law and its Developments

• Facilitating relations, international laws ensure use seas for peace
• Telecommunications and postal services, ensuring secure across borders.
• International law regulates by air because air travel of trade and safety.
• Modern international law seeks limit and guide State Behavior

Control and Regulation of State Behavior

• The law discourages states from using violence in disputes. to make peaceful resolutions
• Treaties on human rights impose on States obligations that citizens have rights.
• Jurisdiction on States in the area of war international crimes

The Role of International Law in Protecting Individuals

• international treaties and especially in realm of human right extended citizen protection
• Human rights treaties (the ICCPR) and Humanitarian protect people’s right torture and armed battles
• Millions benefit internationally because States and actors work formally for them

Emerging Role of Non-State Actors

• States used be primary actors today other state are influencing system
• MNC States interect actions in areas taxation and environment
• Organizations work internationally so that causes are promoted
• Groups that liberation States that invocate them in politics SA PLO vs ANC
• People seek recognition through global rights preservations

Sanction Value in International Law

• international law allows for the means ensuring that nation comply duties that include
• Ch VII the UN can take collective action threatening Peace
• Force the UN to deploy peace maintaining mission
• The sanction UN can put in place pressuring adhere that human rights obligations

Advantages of International Law

• Law offers in terms governance and peace with rights.
• Increase in size that governance is global participation.
• Bodies like the ICC that make sure states are prosecuted
• International law rights transcends nation’ boundaries

Justification for Political Actions

• Law justify’s actions global political situations.
• Nature of International Law - Characteristics
• No law body today executive or court systems

Really Law?

• force help State’s decisions in goals.

Austin's View on International Law

• Law must come from the state that has authority for sanction
• Today this is discredited and not through coercion

Sir Frederick Pollock's Response

• System require political community, modern one. By laws, recognition.

The Consensual Theory

• Quality that comes through states, the law relies on the practices -No international law made with affect. -Treaties allow explicit obligations under treaties
• Actions reflect the laws that state's consent.

Difficulties with the Consensual Theory

• States theory only in self obligations and unbinding, laws exist
• States bound, without in-force binding nature.

Natural Law Theory

• On humans not actions, from natural power with creation.
• Principles created under nature, through humans for justice based on concrete.

Criticism

• Diverse the states, in the system, make argument hard with nature

International Relations Theories

• Realism
• Role the states play in the system a power
• Assumes states must be rational, in all means
• Theory is that this creates uncertain with the power

Criticism of Realism

• Law allows force it creates successful organisations.

Examine international law, the rise and fall of colonial powers like Spain and Portugal, and the history of apartheid in South Africa. Explore the transition to the modern state system and the United Nations' response to apartheid. Understand key global events and their impacts.