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Questions and Answers
What is the main role of international law in global governance?
What is a key characteristic of a democratic state as described in relation to globalization?
How does the text define global governance?
Which doctrine requires international law to be transformed into municipal law through ratification?
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What does the Doctrine of Incorporation suggest about the relationship between international law and domestic law?
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What challenge does international law face regarding state sovereignty?
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What does a proactive and strategic democratic state require to combat poverty and underdevelopment?
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What can violations of customary international law lead to?
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What is the role of the State in the context of globalization?
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Why is the consent-based governance of international law significant?
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What is a concern for nations regarding international law?
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Which of the following best describes institutions of global governance?
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What does the concept of 'global governance' imply regarding international cooperation?
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How is international law essential in managing relations among modern international subjects?
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Which of the following is NOT mentioned as a characteristic of a quality democratic State?
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What attitude is essential for embracing change, as mentioned in the content?
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What is implied by the terms 'developed' and 'developing' countries?
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Which country is noted for providing high levels of South-South aid?
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What does the 2030 Agenda for Sustainable Development aim to achieve?
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What was a primary focus of the Millennium Development Goals?
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What is the significance of the North-South divide in global relations?
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Which of the following is NOT a goal of the Sustainable Development Goals (SDGs)?
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What characterizes the approach of Brazil in relation to developing countries?
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Which statement best describes the current global relations sentiment?
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What does the term 'Global Commons' refer to in the context of the Summit issues?
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What has been a significant challenge faced by developing countries in the global economy?
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Which historical event significantly contributed to the North-South Divide?
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What symbolized a unified opposition against the dominance of developed countries?
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What is one of the major areas of interdependence in global governance?
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In the context of international trade, what has been a recurring conflict?
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What term is often used as an alternative designation for 'developed' countries?
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What has civil society's response been towards the international governance system?
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What is a primary characteristic of the Westphalian Nation-State?
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Which statement accurately describes one of the ideas associated with nation-states?
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What event marked the establishment of the Westphalian System?
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What challenge is posed to the doctrines of International Law as per the Westphalian System?
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Which of the following powers were NOT represented at the assemblies during the Peace of Westphalia?
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What does the principle of territorial integrity signify in the context of nation-states?
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How has globalization affected the concept of state power?
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Which of these is NOT a right associated with the characteristics of the Westphalian nation-state?
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Study Notes
The Westphalian System
- The Westphalian System is a new world order that emerged from the Peace of Westphalia in 1648, ending the Eighty Years' War between Spain and the Netherlands and the German phase of the Thirty Years' War.
- The Peace of Westphalia was negotiated in the Westphalian towns of Münster and Osnabrück.
- The Spanish-Dutch treaty was signed on January 30, 1648, and the treaty between the Holy Roman Emperor Ferdinand III, other German princes, France, and Sweden was signed on October 24, 1648.
- England, Poland, Russia, and the Ottoman Empire were not represented at the negotiations.
- Scholars believe the treaties laid the foundation for the modern state system and solidified the concept of territorial sovereignty.
Characteristics of the Westphalian Nation-State
- Consolidation of national power.
- Creation of national loyalty.
- Erosion of natural law.
- The creation of positive laws.
- The conception of the equality of sovereign nation-states.
Ideas of the Nation-State
- Each state has the right to inherit full sovereignty.
- Each state has the duty to respect the personality of other states.
- The territorial integrity and political independence of the state are inviolable.
- Each state has the right to freely choose and develop its political, social, economic, and cultural systems.
- Each state has the right to comply fully and in good faith with its international obligations and to live in peace with other states.
Decline of the Power of the State
- The Westphalian System is being challenged by globalization, which has created non-state actors such as global civil society organizations and multinational corporations.
- These actors play a significant role in the reconfiguration of the state.
- The ability to embrace change is related to an attitude of openness to diversity, comfort with uncertainty, and optimism about the future.
- States have an important role in establishing and maintaining conditions that support private enterprise, individual creativity, and social action.
- Strong democratic states are crucial for protecting vulnerable segments of society, combating social exclusion of minority groups, and ensuring equitable benefits of globalization.
Contemporary Global Governance
- Global governance refers to the way in which global affairs are managed.
- It involves cooperation and negotiation among transnational actors to address challenges that affect multiple states or regions.
- Institutions of global governance include the United Nations, World Health Organization, International Criminal Court, World Bank, and others, which have limited power and authority to enforce compliance.
- The term "global governance" also refers to the process of setting global standards, laws, rules, and regulations.
Role of Public International Law in Global Governance
- International law is a set of rules governing relations among international subjects, including states and non-state entities.
- It serves as a framework for stable and organized international relations.
- International law is binding on a state when it agrees to comply with specific obligations, a condition inherent in state sovereignty.
- While international law is consent-based governance, violations of customary international law and peremptory norms (jus cogens) can lead to wars.
- International law aims to promote global peace and prosperity, acting as a mediator between opposing national interests.
Doctrine of Transformation versus Doctrine of Incorporation
- The Doctrine of Transformation states that international law must be specifically transformed into domestic law through ratification by the sovereign before it can take effect within the domestic jurisdiction.
- The Doctrine of Incorporation holds that international law is automatically part of domestic law without the need for formal ratification.
Global Issues
- The Earth Summit focused on sustainable development, climate change, renewable energy, and the biosphere.
- Conflicts over standards and issues related to trade and the environment, trade and property rights, and trade and public health continue to arise.
- There is increased questioning of international standards and institutions from developing countries who feel that industrialized countries hold onto power and prioritize their own interests.
- Civil society also rejects the dominance of the international governance system.
The Global Divide: North and South
- The North-South Divide is a socio-economic and political grouping of states that emerged during the Cold War.
- The North encompasses developed countries, while the South includes developing countries.
- The international free trade and unhindered capital flows across countries have the potential to reduce the North-South divide, but there is still evidence of a gap due to uneven trade and capital flows.
- Some countries in the South are experiencing rapid development and providing South-South aid, particularly Brazil.
- The United Nations has played a role in diminishing the divide, establishing the Millennium Development Goals in 2015 to address poverty, hunger, education, gender equality, child mortality, maternal health, disease, environmental sustainability, and development partnerships.
- The 2030 Agenda for Sustainable Development adopted by all UN Member States in 2015 provides a shared blueprint for peace and prosperity for people and the planet, with 17 Sustainable Development Goals (SDGs).
- Overall, the relationship between the North and South is marked by a desire to make the world a better place to live.
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Description
Explore the significance of the Westphalian System that emerged from the Peace of Westphalia in 1648. This quiz covers key treaties, characteristics of the nation-state, and their impact on modern sovereignty. Test your knowledge about the foundational concepts of the state system that shape today's international relations.