Global Governance: International Affairs & Political Science

De ne and discuss the nature and role of states in international affairs, and how that compares with how states are traditionally analyzed in political science. Nature and Role in International Affairs: In international relations (IR), the...

De ne and discuss the nature and role of states in international affairs, and how that compares with how states are traditionally analyzed in political science. Nature and Role in International Affairs: In international relations (IR), the state is traditionally viewed as the primary actor in an anarchic international system (i.e., one without a central governing authority). States are sovereign entities with a de ned territory, population, government, and capacity to enter relations with other states. Their roles include maintaining national security, engaging in diplomacy, forming alliances, waging war, negotiating treaties, and participating in international organizations. Realism, for example, sees the state as a rational actor pursuing national interest and power. Traditional Analysis in Political Science: Political science tends to analyze states more internally—focusing on governance structures, political institutions, legitimacy, public policy, and state-society relations. The Weberian de nition is central here: a state is the entity that holds the monopoly on the legitimate use of force within a given territory. Comparative politics, a sub eld of political science, studies how states differ in terms of regime type, democracy, authoritarianism, institutional design, and political culture. Comparison: While IR treats the state as a unitary, rational actor on the global stage, political science is more nuanced, exploring the complexities and internal dynamics that in uence state behavior. IR often simpli es the state to model interactions between them, whereas political science examines why states behave the way they do in the rst place. 2. What is Eurocentrism and why does it matter in the study of international issues? De nition: Eurocentrism is the intellectual and cultural bias that prioritizes European history, values, norms, and experiences as universal or superior. It frames Europe (and the West more broadly) as the central actor in world history and development. Importance in Studying International Issues: Eurocentrism distorts the study of international relations by privileging Western narratives. For example, it often portrays the modern state system as emerging solely from European history (e.g., the Peace of Westphalia), while marginalizing non-Western contributions and alternative political orders. Impacts: It creates a skewed understanding of global power dynamics. It obscures colonial and imperial legacies that still shape global inequalities. It can lead to ineffective or inappropriate policy prescriptions in non-Western contexts. Critics such as postcolonial theorists argue for decentering Western narratives and recognizing multiple modernities. 3. Why the Peace of Westphalia and the moment of 1648 is a myth of IR? fi fi fi fi fi fi fl fi  The Myth: IR textbooks often present the Peace of Westphalia (1648) as the origin of the modern international system based on state sovereignty, territorial integrity, and non-intervention. Why It’s a Myth: The treaties of Westphalia did not establish these principles explicitly. The sovereign state system evolved gradually and unevenly over centuries. Many non-European systems already practiced forms of sovereignty or international diplomacy. The myth serves to legitimize a Eurocentric origin story of IR that excludes colonial contexts. Scholarly Critique: Historians like Benno Teschke argue that the Westphalian narrative is an anachronism imposed by modern IR theory to create a neat historical origin. It also ignores the role of empire and non- European polities in shaping the global order. 4. Why the creation of the Aberystwyth Chair (1919) is a myth of IR as a discipline? The Myth: IR is often said to have been “born” in 1919 with the creation of the Woodrow Wilson Chair in International Politics at the University of Wales, Aberystwyth. This is commonly referred to as the institutional founding moment of the discipline. Why It’s a Myth: Pre-existing thought: Discussions about war, peace, diplomacy, and the international order had existed for centuries—in theology, philosophy (e.g., Kant), and legal studies (e.g., Grotius). So IR as a eld of inquiry long predated 1919. Narrative construction: The 1919 origin story reinforces a narrative that IR emerged as a response to the horrors of World War I and was driven by a liberal desire to prevent future con ict. This neglects other foundational currents like realism and strategic studies. Disciplinary boundaries: Early IR was not clearly separate from history, law, or political philosophy. The notion of a clean disciplinary birth in 1919 is retroactively imposed. Why It Matters: Recognizing this myth helps us question the selective memory of the discipline and invites more pluralist, global, and critical perspectives into the eld. 5. Present the main elements of one critical theory of International Relations (IR). Example: Postcolonial Theory fl fi fi  Core Elements: Critique of Eurocentrism: It challenges the Western-centric assumptions of mainstream IR theories (realism, liberalism) and highlights how colonial legacies still shape global politics. Focus on identity and discourse: Postcolonial theory often uses insights from literary theory and cultural studies to analyze how the “West” constructs the “Other” in global politics. Power and hierarchy: Emphasis is placed on global power asymmetries and how these are maintained through institutions, language, and norms. Historical consciousness: It pays close attention to the historical experiences of colonized peoples and critiques how these are erased or sanitized in IR theory. Key Scholars: Edward Said, Gayatri Spivak, Homi Bhabha, and more recently, Robbie Shilliam and Sankaran Krishna. Impact: Postcolonial theory has broadened the eld by reintroducing marginalized voices and histories, and questioning the assumed neutrality of international norms and institutions. 6. Present the main elements of one traditional theory of International Relations (IR). Example: Realism Core Elements: State-centrism: States are the primary and most important actors in international politics. Anarchy: The international system is anarchic—there is no central authority above states. Survival and self-help: States seek to ensure their survival through power accumulation and often rely on self-help rather than collective security. Power politics: The balance of power is a central mechanism to maintain stability; con ict is seen as inevitable. Pessimistic view of human nature: Realism often assumes that humans are inherently sel sh and con ict-prone. Key Thinkers: Thucydides (ancient), Machiavelli, Hobbes, Hans Morgenthau (classical realism), Kenneth Waltz (neorealism/structural realism). Critiques: Realism is criticized for ignoring non-state actors, underestimating cooperation, and neglecting issues like identity, gender, or economics. 7. Present and critically discuss the relations between the League of Nations and the United Nations. fi fl fi fl  League of Nations (1920–1946): Founded: After WWI, under the Treaty of Versailles. Goals: Promote peace, prevent war through collective security and disarmament. Weaknesses: No universal membership (U.S. never joined), lack of enforcement mechanisms, inability to prevent aggression (e.g., Italy in Ethiopia, Japan in Manchuria). Structure: Assembly, Council, Secretariat; lacked judicial and nancial organs. United Nations (Founded 1945): Improved Design: Learned from League’s failures—broader membership, binding Security Council resolutions, peacekeeping capacity. Structure: Six main organs (including the Security Council and General Assembly), specialized agencies (e.g., WHO, ILO), and stronger institutional support. Critical Comparison: The UN retained many of the League's ideals but improved mechanisms for enforcement and coordination. Both institutions re ect the power politics of their time—the League was dominated by Britain and France; the UN by the P5 (U.S., Russia, China, UK, France). Critics argue that despite structural improvements, the UN still suffers from democratic de cits, particularly in the Security Council’s veto power. 8. Brie y present the structure of the UN and then discuss the history, structure, membership, and role of the UN General Assembly. Structure of the United Nations: The UN has six main organs, each with speci c responsibilities: 1. General Assembly (GA): A forum for all member states to discuss global issues. Every member has one vote. 2. Security Council (SC): Responsible for maintaining international peace and security, with 15 members (5 permanent members with veto power and 10 elected for two-year terms). 3. International Court of Justice (ICJ): Judicial body that settles disputes between states based on international law. 4. Secretariat: Headed by the UN Secretary-General, responsible for carrying out day-to-day operations. 5. Economic and Social Council (ECOSOC): Coordinates the economic and social work of the UN and its specialized agencies. 6. Trusteeship Council: A defunct organ that was established to oversee the administration of trust territories, but has effectively ceased operations since the last trust territory gained independence in 1994. fi fl fl fi fi UN General Assembly (GA): History: Established in 1945 as part of the founding of the UN. It was designed to provide a universal forum where all member states could discuss and deliberate issues of global importance. Membership: Open to all UN member states. As of now, there are 193 member states. Structure: The General Assembly consists of one representative per country, with each having one vote, ensuring equality. It meets once a year in a regular session, but special sessions can be called if necessary. Role: The GA is primarily a forum for debate and policy discussion, and while it cannot create binding resolutions (except on budgetary matters), it can issue declarations, adopt conventions, and set policy agendas. It serves as a re ection of global public opinion and is a source of legitimacy for many UN decisions. Key Functions of the GA: Debate and pass resolutions on a wide array of international issues. Elect non-permanent members of the Security Council and other bodies. Set the UN's budget and oversee its distribution. Discuss global issues such as human rights, development, disarmament, and environmental challenges. 9. Compare the International Court of Justice and the International Criminal Court. International Court of Justice (ICJ): Role: It is the principal judicial organ of the UN, and its primary function is to settle legal disputes between states and provide advisory opinions on international legal questions referred to it by the UN or its agencies. Jurisdiction: The ICJ has jurisdiction over cases brought by states against other states and can issue rulings, but its decisions are only binding on the parties involved. It does not have jurisdiction over individuals. Membership: All UN member states are automatically parties to the court, but they must consent to the court’s jurisdiction in speci c cases. Example Cases: Cases regarding territorial disputes, diplomatic relations, and state responsibility. International Criminal Court (ICC): Role: The ICC is responsible for prosecuting individuals for serious international crimes such as genocide, war crimes, and crimes against humanity. fi fl  Jurisdiction: Unlike the ICJ, the ICC can prosecute individuals, not just states. It is a court of last resort, meaning it steps in when national courts are unwilling or unable to prosecute. Membership: The ICC is a treaty-based institution with 123 member states (as of 2023). It is independent of the UN, although it cooperates with the UN on matters related to international criminal justice. Example Cases: Prosecutions of leaders or military gures involved in war crimes, such as the trial of Thomas Lubanga Dyilo for the use of child soldiers. Key Differences: Jurisdiction: ICJ handles disputes between states; ICC handles crimes committed by individuals. Enforcement: The ICJ's rulings are binding, but enforcement relies on states' compliance; the ICC's judgments can lead to the arrest and imprisonment of individuals. 10. The International Court of Justice – context of appearance, features and speci cities, role, impact. Context of Appearance: The ICJ was established in 1945 by the UN Charter, inheriting the functions of the Permanent Court of International Justice, which was created after WWI by the League of Nations. Features and Speci cities: Dual Role: The ICJ both resolves legal disputes between states (contentious cases) and provides advisory opinions on international legal questions (advisory cases). Non-Compulsory Jurisdiction: States must consent to the court’s jurisdiction, meaning it cannot compel states to appear. Composition: The court consists of 15 judges elected for nine-year terms by the General Assembly and Security Council. It ensures geographic diversity. Role: Peaceful Settlement of Disputes: The ICJ’s primary mission is to promote peace by providing legal solutions to con icts that arise between states. Interpretation of International Law: It clari es and develops international legal principles, contributing to the consistency and predictability of international law. Impact: The ICJ has signi cantly in uenced the evolution of international law, especially in the areas of territorial disputes, human rights law, and maritime law. However, its limited jurisdiction and reliance on state consent have sometimes hindered its effectiveness in enforcing rulings. fi fi fi fl fl fi fi  11. What can the International Criminal Court address? Discuss the current openings and limitations of what the ICC can do. What the ICC Can Address: The ICC can prosecute individuals for three major crimes: genocide, war crimes, and crimes against humanity. It is the court of last resort, intervening when national courts fail to prosecute or are unable to do so. The court can act on cases referred by state parties, the UN Security Council, or the prosecutor's initiative (proprio motu). Current Openings: Global Reach: The ICC can address crimes committed in any of its 123 member states. This opens the door for justice where national systems are compromised or unwilling to act. Deterrence: Its prosecution of high-pro le individuals (e.g., former heads of state) aims to deter the commission of atrocities in the future. Focus on Individual Accountability: The ICC underscores that individuals, not just states, are responsible for international crimes, offering a major shift from traditional state-centric legal systems. Limitations: Non-member States: Major powers like the U.S., China, and Russia are not parties to the Rome Statute, limiting the ICC’s jurisdiction over them. Lack of Enforcement Power: The ICC depends on member states to arrest indicted individuals, which can lead to non-compliance and evasion of justice (e.g., the case of Sudanese President Omar al-Bashir). Political Challenges: The ICC has been criticized for disproportionately focusing on Africa and not addressing crimes committed by Western powers. This raises concerns about political bias and the court's perceived legitimacy. 12. De ne and discuss what international organizations are, addressing for this purpose also the issue of membership and observer status (with examples). De nition: International organizations (IOs) are entities created by agreements between sovereign states (or other international actors) to pursue shared objectives, manage intergovernmental cooperation, and address global issues. These organizations can be regional or global in scope and can have different functions, such as fostering cooperation, maintaining peace and security, promoting economic development, or advancing human rights. Types of International Organizations: 1. Intergovernmental Organizations (IGOs): These organizations consist of member states as their primary actors. They are created by treaties and have international legal status. fi fi fi  Examples include the United Nations (UN), the European Union (EU), and the World Trade Organization (WTO). 2. Non-Governmental Organizations (NGOs): While not typically part of the formal international legal system, NGOs can play a major role in in uencing policy, providing humanitarian aid, or advocating for human rights. Examples include the International Red Cross and Amnesty International. Membership and Observer Status: Membership: To become a member of an IGO, a state typically must sign a treaty, undergo a rati cation process, and accept the organization’s governing rules. Membership often grants the state a voice in decision-making and access to the bene ts provided by the organization. Observer Status: Non-member entities can be granted observer status, allowing them to participate in discussions without the right to vote. This status can be granted to non- member states, international organizations, or even non-governmental organizations (NGOs). For example, the Holy See and Palestine have observer status at the United Nations. Examples of IOs: United Nations (UN): A global organization focusing on international peace, security, human rights, and development. World Health Organization (WHO): A specialized agency of the UN focused on global health issues. World Trade Organization (WTO): A global organization that deals with the rules of trade between nations. European Union (EU): A regional organization of European countries that promotes economic integration and political cooperation. 13. Brie y present what Foreign Policy Analysis is, the main perspectives on FPA and how the study of FPA may be relevant in political science research. Foreign Policy Analysis (FPA): FPA is the study of how states develop and implement foreign policies. It focuses on understanding the internal and external factors that shape decision-making processes, the roles of political actors, and the strategies states adopt in dealing with other states and global issues. Main Perspectives in FPA: 1. Rational Actor Model: This perspective views foreign policy decisions as the product of rational decision-makers, who assess alternatives and choose the option that best serves national interests (often de ned in terms of power, security, or economic bene t). 2. Bureaucratic Politics Model: This approach suggests that foreign policy decisions emerge from negotiations and compromises among competing governmental agencies and bureaucracies, each with its own interests, preferences, and priorities. fi fl fi fl fi fi  3. Cognitive and Psychological Models: These models focus on how decision-makers’ perceptions, biases, and mental frameworks affect foreign policy decisions. Cognitive limitations, risk aversion, and emotional responses can in uence the course of action taken. 4. Constructivist Approach: Constructivism in FPA examines how identities, ideologies, and norms shape foreign policy. It emphasizes that states' foreign policies are not just about material interests but are in uenced by the social constructs that de ne national identity and global norms. Relevance in Political Science Research: FPA provides valuable insights into understanding how foreign policy decisions are made, how power is exercised on the global stage, and how global politics unfold. By analyzing the complexities of foreign policy processes, FPA bridges the gap between the study of domestic politics (e.g., political behavior, institutions) and international relations (e.g., diplomacy, con ict). It helps researchers explore the impact of individual leaders, domestic political structures, and global structures on foreign policy decisions. 14. Identify and discuss two similarities and two differences between Foreign Policy Analysis and International Political Economy. Similarities: 1. State-Centered Focus: Both elds examine how state actions in uence global outcomes. FPA focuses on the state's external relations, while International Political Economy (IPE) looks at the economic interactions between states. 2. Interdisciplinary Approaches: Both elds draw from political science, economics, sociology, and history, combining various methods and theories to understand global processes. Differences: 1. Focus Area: FPA focuses on the decision-making processes behind foreign policy decisions, exploring how internal factors (e.g., domestic politics, bureaucracy) in uence international relations. IPE, on the other hand, focuses on the global economic system and how states interact economically in areas like trade, nance, and development. 2. Theoretical Foundations: FPA often uses models of individual decision-makers (psychological, cognitive) and domestic factors to explain foreign policy. IPE typically relies more on economic theories (e.g., capitalism, Marxism) and broader systemic analyses, focusing on the relationship between political and economic forces. 15. Which are the classic stages of economic integration and how do they apply to the European Union? Classic Stages of Economic Integration: 1. Free Trade Area (FTA): This is the most basic form of integration, where member states agree to eliminate tariffs and quotas on goods traded between them but maintain independent trade policies toward non-members. The EU originally began as a free trade fl fi fi fi fl fl fi fl fl  area in 1957 with the Treaty of Rome, which established the European Economic Community (EEC). 2. Customs Union: In this stage, member states adopt a common external tariff toward non- member states, in addition to eliminating internal barriers to trade. The EU formed a customs union in 1968, meaning all member states applied the same tariffs on imports from outside the EU. 3. Common Market: This stage expands economic integration to include the free movement of goods, services, capital, and labor. The EU achieved this in the 1990s with the Single European Market, allowing workers, businesses, and capital to move freely within the EU’s borders. 4. Economic and Monetary Union (EMU): This is the most advanced stage of economic integration, where member states adopt a common currency and coordinate economic policies. The EU's EMU was partially realized with the introduction of the euro in 1999 (although not all EU members use the euro, such as the UK and Denmark). 5. Political Union: In theory, this stage would involve a high level of political integration, with shared governance structures. While the EU has political institutions like the European Parliament, it is still not a full political union, as sovereignty remains largely in the hands of member states. Application to the EU: The EU has gone through each of these stages since its formation, with each new step building on prior agreements. However, challenges remain, particularly with political integration, as member states retain signi cant sovereignty over foreign policy, defense, and other key areas. 16. Choose one of the fundamental rights mentioned in the Universal Declaration of Human Rights and a recent case related to that right, then discuss that right and the speci c case using concepts studied during the course. Fundamental Right: Article 3 – Right to Life, Liberty, and Security of Person Recent Case: The Death of George Floyd and the U.S. Response to Police Brutality Right Discussed: Right to Life: Article 3 of the Universal Declaration of Human Rights states that "everyone has the right to life, liberty, and security of person." This right is central to the framework of human rights, as it emphasizes the protection of individuals against arbitrary deprivation of life. Relevance to the Case: The tragic killing of George Floyd by a police of cer in Minneapolis in 2020 became a global rallying point for the movement against police brutality, racial discrimination, and the abuse of state power. Floyd's death was a stark violation of his right to life as guaranteed by Article 3. Legal and Political Implications: fi fi fi  International Human Rights Law: The case sparked widespread protests and discussions on the application of international human rights standards, speci cally regarding the use of force by state actors (police) against civilians. State Responsibility and Accountability: Under international law, governments are responsible for protecting individuals' rights, including preventing human rights violations by state agents. In this case, the U.S. government faced pressure both domestically and internationally to hold law enforcement accountable. Race and Equality: The George Floyd case highlighted systemic racial inequalities in law enforcement, which ties into broader human rights concerns about equality and non- discrimination (Article 7 of the UDHR). 17. Choose one of the rights mentioned in the European Convention on Human Rights and a recent case related to that right, then discuss that right and the speci c case using concepts studied during the course, and argue why the matter is relevant for political science. Right Discussed: Article 10 – Freedom of Expression Recent Case: The Case of Mendel v. Belgium (2023) Right Discussed: Freedom of Expression: Article 10 of the European Convention on Human Rights (ECHR) guarantees everyone the right to freedom of expression, which includes the freedom to hold opinions and to receive and impart information without interference by public authorities. Case Overview: In Mendel v. Belgium (2023), the European Court of Human Rights (ECtHR) ruled on a case involving a journalist who had been convicted for publishing classi ed government documents. The case raised questions about the boundaries of freedom of expression, especially when it comes to state secrets and the public’s right to know. Relevance to Political Science: State versus Individual Rights: This case brings into focus the balance between state interests (e.g., protecting national security) and individual freedoms (e.g., journalists’ rights to inform the public). It shows how political institutions must weigh competing priorities in policy-making, which is central to the study of political science. Freedom of Press and Democracy: In political science, freedom of expression is often seen as essential to a functioning democracy. The ability of journalists to hold governments accountable is a core principle that underpins democratic accountability. Legal and Political Systems: The Mendel case also demonstrates the role of judicial bodies like the ECtHR in mediating between individual rights and state sovereignty. The relationship between national and international courts, and the enforcement of international human rights norms within sovereign legal systems, is a critical area of study in political science. fi fi fi 18. How is a diplomatic mission structured according to the Vienna Convention on Diplomatic Relations? What is the difference between diplomatic and consular relations? Vienna Convention on Diplomatic Relations (1961): The Vienna Convention establishes the framework for the conduct of diplomatic missions between states, outlining the rights and duties of diplomats and the diplomatic privileges and immunities they enjoy. It sets the foundation for diplomatic engagement, ensuring that states can carry out their foreign policy effectively and safely. Structure of a Diplomatic Mission: Head of Mission: The ambassador or high commissioner is the primary representative of the sending state in the host country. They have the authority to manage the embassy and conduct diplomatic negotiations. Embassy: The physical diplomatic mission where the ambassador and other diplomats work. The embassy serves as the of cial residence and of ce of the ambassador. Diplomatic Staff: The embassy includes various diplomats, such as political of cers, economic of cers, and cultural attachés, who are responsible for different aspects of the bilateral relationship between the two countries. Support Staff: Including administrative personnel, security staff, and clerks, these individuals ensure the daily operations of the diplomatic mission. Diplomatic Immunities: Diplomats enjoy immunity from certain legal processes in the host country to ensure they can perform their duties without interference. This includes immunity from criminal prosecution and civil suits, as well as immunity for diplomatic correspondence. Diplomatic vs. Consular Relations: Diplomatic Relations: Focuses on representing the interests of the sending state in the host country and managing the overall relationship between the two states. Diplomats engage in high-level political, security, and economic discussions, and they may also be responsible for negotiating treaties or handling international crises. Consular Relations: Focuses on providing services to the citizens of the sending state in the host country, such as issuing visas, helping citizens in distress, and providing legal assistance. Consular of cers do not typically engage in political diplomacy but focus on practical issues that affect nationals abroad. Key Differences: Function: Diplomatic relations are centered on high-level political representation and negotiation, while consular relations are more focused on the welfare and legal protection of nationals abroad. fi fi fi fi fi  Immunities: Diplomats enjoy broader immunities under international law than consuls, who generally have fewer privileges. 19. Which are the main features of contemporary diplomacy? Main Features: 1. Multilateral Diplomacy: In the modern world, diplomacy is often conducted within multilateral forums (e.g., the United Nations, G7, or WTO). This type of diplomacy involves multiple states negotiating and cooperating on issues such as trade, climate change, and security. 2. Public Diplomacy: Contemporary diplomacy increasingly involves engaging with the public, both domestically and internationally. This includes media relations, cultural exchanges, and information campaigns to shape public opinion and build soft power. 3. Economic Diplomacy: In addition to traditional political diplomacy, economic diplomacy has become crucial. This includes negotiations over trade deals, investment treaties, and the promotion of national economic interests abroad. 4. Track II Diplomacy: This informal diplomacy involves non-governmental actors—such as think tanks, NGOs, and private citizens—engaging in dialogue to solve international problems. Track II diplomacy is seen as complementary to formal state-to-state negotiations. 5. Digital Diplomacy: With the rise of social media and digital communication, diplomats increasingly use platforms like Twitter and Facebook to directly engage with global audiences and shape diplomatic narratives. 20. Which are the main similarities and differences between diplomatic and consular activity? Similarities: Of cial Representation: Both diplomats and consuls represent their home state’s interests in the host country. Legal Status: Both diplomats and consuls enjoy certain immunities and privileges under the Vienna Convention and other international agreements to ensure they can carry out their functions without interference from the host state. Differences: Focus of Work: Diplomats are engaged in broader political and strategic relations, such as negotiating treaties, representing their governments in high-level meetings, and managing bilateral or multilateral issues. Consuls, in contrast, focus on consular services like assisting nationals with visas, providing notarial services, and supporting citizens in legal or personal crises. Level of Immunity: Diplomats enjoy more extensive immunities, especially concerning their personal conduct, while consuls have more limited privileges. fi  21. Responsibility to Protect (R2P): Context of emergence, de nition(s), openings and limitations, impact Context of Emergence: R2P emerged in response to mass atrocities like the Rwandan Genocide (1994) and the Srebrenica massacre (1995), where the international community failed to act. The International Commission on Intervention and State Sovereignty (ICISS) developed the concept in 2001, and it was formally adopted at the 2005 UN World Summit. De nition: R2P is the international norm stating that sovereignty is not a license to kill. It is based on the idea that: 1. States have the primary responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. 2. The international community should assist states in ful lling this duty. 3. If a state fails to protect its population, the international community must be prepared to intervene, including with force (as a last resort and with UN approval). Openings (Strengths): Introduces a moral and legal framework for intervention. Emphasizes prevention, assistance, and responsibility, not just military action. Has been cited in Security Council resolutions (e.g., Libya 2011). Limitations: Selective implementation: Applied in Libya, ignored in Syria. Dependence on Security Council authorization, where permanent members can veto action. Can be manipulated for political interests under the guise of humanitarianism. Impact: R2P has become a part of global diplomatic language. Helped reframe sovereignty as a responsibility, not just a right. Yet, its legitimacy and effectiveness remain contested, especially after NATO’s controversial overreach in Libya. 22. Similarities and differences between humanitarian intervention and R2P Similarities: fi fi fi  Both involve intervention in the internal affairs of states to stop or prevent mass atrocities. Both aim to protect civilians from gross human rights abuses. Both often raise debates about sovereignty vs. moral duty. Differences: Humanitarian Intervention Responsibility to Protect (R2P) Lacks a clear legal framework Endorsed by UN (2005 World Summit) Often unilateral or coalition-based Must be UN-authorized ideally Emphasizes prevention, reaction, and Focuses mostly on military action rebuilding Often criticized as neo-colonial or self- Framed as a collective responsibility interested 23. Similarities and differences between International Human Rights Law (IHRL) and International Humanitarian Law (IHL) Feature IHRL IHL Context Applies in peace and war Applies only in armed con ict Protect individual rights and Main Objective Limit the effects of armed con ict freedoms Key UDHR, ICCPR, ICESCR Geneva Conventions, Additional Protocols Instruments Duty Bearers States (primarily) Both state and non-state actors in con ict Non-derogable Some rights are absolute (e.g., All rules apply only during war (e.g., rights right to life) humane treatment) Similarity: Both aim to protect human dignity and regulate the behavior of actors to prevent abuses. 24. Main sources of Public International Law and why they matter for international relations Main Sources (Article 38(1) of ICJ Statute): 1. International Conventions (Treaties): Legally binding agreements between states. Example: UN Charter, Geneva Conventions. 2. International Custom: Practices that are consistently followed by states out of a sense of legal obligation (opinio juris). Example: Diplomatic immunity. fl fl fl  3. General Principles of Law: Principles common to major legal systems. Example: Good faith, equity. 4. Judicial Decisions and Writings: Subsidiary means for interpreting law (e.g., ICJ rulings, legal scholarship). Why They Matter: Provide a legal framework for global governance. De ne the rights and duties of states and international actors. Promote predictability and stability in international relations. Enable mechanisms for con ict resolution (e.g., ICJ). Serve as the basis for accountability, especially in areas like war crimes, human rights, and environmental law. fi fl