International Law Notes - History & What it Means Today

 **First Use of \"International Law\"** - The term *\"international law\"* was first used by **Jeremy Bentham** in 1780, replacing the older term *\"law of nations\"* (or *\"droit de gens\"*). - **Mnemonic**: \"**Bentham** brought *international law* in 1780.\"  **Origins in Roman L...

 **First Use of \"International Law\"** - The term *\"international law\"* was first used by **Jeremy Bentham** in 1780, replacing the older term *\"law of nations\"* (or *\"droit de gens\"*). - **Mnemonic**: \"**Bentham** brought *international law* in 1780.\"  **Origins in Roman Law** - The older term *\"law of nations\"* can be traced back to **Roman law** (specifically **ius gentium**), which was the law governing relations between people and states. - **Mnemonic**: *\"Roman roots in ius gentium\"*.  **19th Century Positivism** - Before the World Wars, **positivist** theory dominated, which claimed **only states** could be subjects of international law, meaning they had legal rights and duties. - **Mnemonic**: \"*Positivist theory = States only*\" (P = States).  **Exceptions to State-Only Concept** - Even under positivism, entities like the **Holy See**, **insurgents**, and **early international organizations** were recognized as having international legal personality. - **Mnemonic**: \"*Holy See* & *Insurgents* = exceptions to state-only.\"  **Post-World War Changes** - After the World Wars, **new actors** (like **international organizations**, **NGOs**, **transnational corporations**, and **individuals**) gained more rights and some even gained international legal personality. - **Mnemonic**: \"*Post-War = New actors*\" (P = New).  **Modern Definition of International Law** - Today, international law governs **states**, **international organizations**, and, in some cases, **individuals** and **corporations**. This shift is reflected in the updated **Restatement (Third)** by the American Law Institute. - **Mnemonic**: \"*Restatement (Third) = States, Org\'s, and Some People*.\"  **Broadening Scope** - The scope of international law now includes not just state relations but also relations between **individuals** and **entities** like corporations, and **groups** like **minorities** and **indigenous peoples**. - **Mnemonic**: \"*International Law = States, Entities, and People*\" (S, E, P). Here's a concise and engaging summary of the essential and interesting points from the information: **1. State-Centric Nature of International Law** - International law is primarily driven by **states**, which are the main actors. **States** are members of organizations like the **United Nations (UN)**, can approach the **International Court of Justice (ICJ)**, and have the ability to call the **UN Security Council** to address global issues. **Individuals** don't have direct rights in this system. - **Key idea**: States are the \"chief players\" in international law. **2. Types of International Law: General vs. Regional** - **General international law** applies to many states globally, such as **customary international law** and **multilateral treaties** (e.g., **UN Charter**). When it applies universally, it's **universal international law**. - **Regional international law** applies only to specific groups of states, like **European Union law** or South American rules on **diplomatic asylum**. - **Key idea**: Global laws are universal, while regional laws are more localized. **3. Particular International Law** - This law is relevant only to a **small number of states**, usually in bilateral treaties or specific agreements. - **Key idea**: Think of it as \"law for pairs of states.\" **4. Comity in International Relations** - **Comity** refers to state practices or behaviors that aren\'t legally binding but are followed for the sake of good international relations (like etiquette). - **Key idea**: Comity is international law\'s \"unwritten rule\"---good manners without legal consequences. **5. Challenges to Universality** - The idea of **universal international law** was once challenged by **Communist theories** and the wave of new states after **decolonization**. However, today, most states are part of the **UN**, agreeing on fundamental principles like equality and non-intervention. - **Key idea**: Despite historical challenges, most states now share common international principles. **6. State Diversity and Its Impact** - With over **185 states** today, the international system is **diverse** in terms of power, culture, and structure. This diversity influences how international law is applied and interpreted. - **Key idea**: More states = more variety in legal interpretations. **7. Characteristics of International Law** - **International law** is quite different from **domestic law**. It lacks a **central authority** (no world legislature or global police) and relies on **state consent** and cooperation. - It\'s a **horizontal system** (states are sovereign equals) rather than a **vertical system** like domestic law, where one authority enforces the law. - **Key idea**: No \"boss\" in international law---states work together but aren\'t controlled by a single power. **8. State Responsibility** - States are held responsible when they violate international obligations. They may face consequences from the **injured state** or, in some cases, the **international community**. - **Key idea**: States are accountable for breaking international rules. **Fun & Key Takeaways:** - **State Power**: States still call the shots in international law. - **Global vs. Local**: Some laws apply everywhere (universal), while others apply only to specific groups of states (regional). - **Good Manners**: International law has its own \"good manners\" in the form of comity (etiquette). - **No Boss**: Unlike domestic law, international law doesn\'t have a central authority to enforce it. - **Responsibility**: States are responsible for violations, and international law ensures they are held accountable. This summary highlights the most fascinating and key aspects of how international law operates and evolves! **What makes international law\... \"law\"?** 🤔 Let's dive into the history: way back when, thinkers like **Hobbes** and **Pufendorf** argued whether international law really counts as \"law.\" Why? Because **no police** are showing up to arrest anyone breaking it. 🤷‍♂️ Instead, states have to **\"take matters into their own hands\"** with things like **retorsion** (legal retaliation) and **reprisals** (normally illegal acts made legal in response to a wrong). Fun, right? But we don't go to war over every violation anymore, thank goodness! 💥🚫 So, what **did** international law look like in the past? At first, it was all about **Europe** and **diplomatic relations** or wars. But since 1945, it's gotten WAY bigger! 🌍 Now we're talking everything from **human rights** to **outer space treaties**. Yep, that's right, the law even extends to planets! 🪐 **What does international law actually *do* today?** 🤨 It's not just about wars anymore. It covers issues like: - **Trade** 🌍💸 - **Environment** 🌱🌎 - **Refugee rights** 🏠 And because the world is so interconnected now, **states NEED** international law to cooperate. Can you imagine dealing with climate change without it? 🌪️ Or regulating international trade without some shared rules? ⚖️ **But, wait... Does international law work?** 🤔 Sure, it\'s **different** from national law. National law is all **centralized**---like a police force that can just show up and handcuff you. International law is **horizontal**---states cooperate with each other based on **mutual respect**. (That's why it\'s called the **\"law of nations.\"**) 🌐🤝 **Even though international law isn\'t as powerful as national law**, here\'s the twist: **countries still follow it!** They\'re **often** sticking to international treaties and agreements because they **need** to, not because there's a cop waiting around the corner. 🚔 **BONUS POINT** 💡: Remember when international law was \"primitive\"? Today, it\'s all about **specialization**. You can\'t just be a \"generalist\" in international law anymore. You could specialize in **human rights** 👩‍⚖️ or **trade regulations** 💼 or even **space law** (yes, space law is a thing!). 🌌 🎉 **Quick Quiz Time!** 1. Who were the two philosophers who debated whether international law counts as \"law\"? (Hint: They were old-school thinkers!) 2. What's one example of **self-help** in international law (where a country takes action on its own)? 3. Can you name one modern area **international law** covers besides war? Ready to **recall** your answers? Let's go! 🎯 Got it! Let's keep the **history** front and center while making it engaging and active. Here we go: **International Law: The History and What It Means Today** 🌍⚖️ Let's start with a **historical twist** to give context to today's system. Way back in the **17th century**, thinkers like **Thomas Hobbes** and **Samuel Pufendorf** debated whether international law could even be called \"law.\" **Why?** Because it didn\'t have a police force to enforce it. **What made them argue this?** It was mainly because international law seemed to lack **sanctions** (punishments) for breaking rules. Without a central authority, can it really be law? 🤨 Fast forward to the **19th century** and **John Austin** came into the picture, reinforcing the idea that **law needs a legislature** and **sanctions**. The debate raged on: *If states don\'t have a global enforcer, can international law really work?* But **the key point** here is that the **structure** of international law is totally different from national law. In national law, we have **centralized power**---like a big police force that makes sure everyone follows the rules. But international law? It\'s **horizontal**, meaning that **states** (countries) **work together** as equals to make rules and agreements. **Let's bring it to the modern world** 🏙️: By **1945**, the world looked very different---**World War II** had just ended, and countries realized the need to cooperate on a larger scale. So **international law** exploded, covering everything from **trade** 🌍💰 to **human rights** 👩‍⚖️, and even **space law** 🪐 (seriously, space law is a thing). And this shift **radically transformed** how states interact on the global stage. **Key historical moments:** 1. **Hobbes and Pufendorf's Debate** (17th century): 🤔 - Could international law even be considered \"law\" without **sanctions**? Could it be enforced? 2. **John Austin** (19th century): 📚 - Argued that **law needs a legislature and sanctions**---leading to criticism that international law wasn't "real" law. 3. **Post-WWII (1945)**: 🌐 - **United Nations** and a **new global framework** led to a boom in international cooperation and law. Countries realized they couldn't face problems like war, trade, or climate change alone. So they made rules. **Now, the Modern World of International Law** 🌎 Even though **international law doesn't have a police force**, it's **extremely effective**. **Why?** Because states **voluntarily** agree to follow it. There are **treaties**, **trade agreements**, and **international courts** (like the **International Court of Justice**). States **do** follow these rules because, without them, there's chaos. **Would the world really work without trade agreements** or **rules for war**? 😳 Today, international law is no longer just about war and diplomacy. It's **huge**---dealing with topics like: - **Trade** 💸 - **Climate change** 🌱 - **Space exploration** 🌌 - **Human rights** 👩‍⚖️ - **Nuclear energy** ⚛️ And the **law** keeps evolving to cover **new global challenges**! **Key Concepts:** - **Sovereignty**: The power of states to rule themselves is still super important, but it's **becoming less absolute** in the face of global issues. - **Reciprocity**: States follow international law because it benefits **everyone** when they cooperate. Think about it---**treaties** don't work if people don't stick to them! - **Specialization**: Now, being an expert in **international law** is all about **specializing**---you could focus on **trade**, **human rights**, or **even space law**. Talk about a growing field! 🌠 **Active Recall Time!** 1. **Who were the big historical thinkers who debated whether international law is "real" law?** 🤔 2. **What were two major moments in the 19th and 20th centuries that changed the course of international law?** 3. **Why is international law called a "horizontal system"?** 4. **Can you name three areas that international law covers today?** 5. **What's one major difference between national law and international law in terms of enforcement?** 💡 Time to **test your knowledge** with those questions! Dive back into history and see if you can **remember the key moments and changes** that shaped **international law** today! 💥 1Let\'s dive into a detailed yet engaging active-recall summary! Here\'s a breakdown of key historical events and concepts: **Conquest & Appropriation in Colonialism** When central authority was weak, the default method for expanding control was **conquest and appropriation**. This was especially visible in the **Scramble for Africa** (1884-1885), during which European powers divided Africa at the **Berlin Conference** to avoid war between themselves. However, most colonized nations couldn't resist European powers, except for rare cases like **Ethiopia** in 1896, when they defeated Italy at the **Battle of Adwa**. **China's Response to Western Powers** China faced aggression after the **Opium War (1839-42)**, which forced it into the **Treaty of Nanking**. The treaty resulted in the **surrender of Hong Kong** to Britain, and China had to open more trading ports. In response, the **Boxer Rebellion** (1899-1901) broke out, with the **Boxers** (a nationalist group) trying to expel foreign influence. However, foreign military forces crushed the rebellion, imposing massive **indemnities** on China and leading to even more foreign control. **Japan's Modernization and Rise** In contrast, **Japan** adapted after being forced open by **Commodore Perry** of the United States in 1854. By adopting Western military and industrial technology, Japan avoided colonization, and eventually defeated **Russia** in the **Russo-Japanese War** (1904-1905), establishing itself as a major global power. **American Independence and Monroe Doctrine** In the Western Hemisphere, the **American Revolution** (1776) against Britain inspired other countries to seek independence, like in **Latin America**. The **Monroe Doctrine** (1823) declared that European nations should not interfere in the Americas, framing it as a protection against European imperialism. Yet, the United States later intervened in **Latin America** and expanded its influence. **International Law in a Changing World** The **"classical period"** of international law involved using **force** short of war, as seen in the case of **Venezuela (1902)**. European nations used **"gunboat diplomacy"** to demand debts from Latin American countries, and the **United States** used the **Monroe Doctrine** to protect its interests. **Two Major Schools in International Law Theory: Naturalists vs. Positivists** 1. **Natural Law**: - Natural law was founded by thinkers like **Hugo Grotius**, who argued that laws of justice were universal and could be understood by reason. This theory claimed law is derived from universal, eternal principles of justice, which could be discovered by reasoning. - Grotius believed natural law existed even without divine intervention, and it was **self-evident** (e.g., prohibiting murder). - However, the theory eventually became **outdated** by the 18th century and criticized for being **vague** and not scientifically verifiable. 2. **Positivism**: - Emerging in the 18th century, **positivism** rejected natural law's idealism. Thinkers like **Cornelis van Bynkershoek** focused on **state practice** as the foundation of international law, emphasizing that law was a human-made construct. - This view dominated in the 19th century, when international law was seen less as a moral or ethical system and more as a system built on agreements and practices between states. **Emerich von Vattel's Contributions** - Vattel attempted to bridge the gap between natural law and positivism, advocating for **sovereignty** and **state rights**. He emphasized the **inherent rights of states** derived from natural law but acknowledged the importance of **positive law** (state-made laws). **Sovereignty: Power & Confusion** - The concept of **sovereignty**---the supreme power of a state---has caused intellectual confusion over the years. Early theorists like **Jean Bodin** and **Thomas Hobbes** defined it as the ultimate authority in a state. - However, **John Austin** argued that sovereignty meant that the ruler wasn't bound by laws. This theory, when applied to **international law**, faced challenges, especially since states are not above the law. The term "sovereignty" often misled people to believe states were above international law, when in reality, they are **independent** but not exempt from obligations. **The Shift in Thought:** By the 19th century, the notion of **sovereignty** changed: - It was now seen more as **independence**---meaning a state was not controlled by another---but this still left room for debates on what role law played in governing relations between states. **Key Takeaways:** - **Colonialism** involved the forcible appropriation of land and resources, with few countries managing to resist (e.g., Ethiopia, Japan). - In **international law**, theories evolved from **natural law** (universal, moral law) to **positivism** (law as human-made and based on state practice). - **Sovereignty** has been a contested idea, and modern international law has shaped how we understand the relationships between states---not as a system of power over others, but a framework of **independence** and mutual obligations. **Active Recall Q&A**: - What event marked the beginning of formal European colonial expansion in Africa? (**The Berlin Conference, 1884-1885**) - Which country successfully resisted colonization in 1896? (**Ethiopia** at the Battle of Adwa) - What was the purpose of the **Monroe Doctrine**? (**To prevent European intervention in the Americas**) - Who is considered the father of modern international law? (**Hugo Grotius**) - What key principle did **Vattel** emphasize regarding states? (**Sovereignty and inherent rights of states**) By revisiting these major points, we are getting a better grasp of how international law evolved and how these ideas still impact global relations today. Would you like to dig deeper into any specific event or theory? Sure! Let\'s make this information more fun and easier to recall by turning it into a more interactive story. Active recall will help you really remember the main points! **The 1907 Conference: The Struggle to Keep Peace** So, imagine it\'s 1907. A bunch of countries gather for a big conference, thinking they can sort out some of the world's tensions before things get out of hand (spoiler: they didn't). **Key Takeaways:** - **What they tried:** These meetings were about resolving conflicts peacefully with compulsory arbitration. But, countries like **Britain** and **France** still kept the power to decide what counted as their "vital interests." That means anything super important to them (like colonial possessions) could be left out of these rules. **Imagine telling a friend they can pick whatever game you'll play, but there's a secret rule they don't have to tell you about**---that\'s how these compromises went. - **What went wrong:** The conference ignored huge issues, like **colonialism**, and couldn't prevent the big one---World War I. Major tensions weren't dealt with, and those tensions eventually exploded in 1914. **The Aftermath: Germany Gets the Blame** Flash forward to the end of **World War I**. Germany's been defeated, and the victors have a lot to say about it. **What happened to Germany?** - **Article 231 of the Treaty of Versailles** (a mouthful, right?) forced Germany to **take full responsibility for the war**, which is kinda like getting blamed for the whole class's bad test scores. Ouch. - **Germany lost land, colonies, and money** (in the form of reparations) to pay for the damage. Imagine you have to sell your car and house to pay for a friend's broken phone... pretty unfair, right? **Global Power Shift:** - **Europe's decline, US rise**: After the war, Europe's power was kinda crushed, and **the United States** stepped up as a **new global power**. The British Empire started changing into the **British Commonwealth**---like a rebranding but with way more tea and cricket. - **Soviet Union**: The **Russian Revolution** happened, and the **Soviet Union** decided it didn't want to play by the same rules as capitalist countries. They rejected international law---at first. They eventually joined, but let's just say their relationship with international law was complicated. **Enter the League of Nations: A Peace Experiment** Now, after the war, countries came together and created the **League of Nations**. Think of it as the first attempt at a **global peace club**. The main goal? To avoid another war. **It sounded great in theory**, like a \"no-violence\" pact in a group chat. But here's the catch: **How It Was Supposed to Work:** - **Collective security:** The idea was that if one country got aggressive, others would step in together to stop it. **Think of it as a \"we got your back\" group chat.** - **But**: If a country like **Britain** or **France** had a "vital interest," they could break the rules and do their own thing. That made the whole system kinda weak. **League of Nations' Failures: Oops** Now, **what went wrong?** Well, for one, the **United States** didn't join the League (awkward, right?). This left Britain and France to call the shots, but they were too busy looking out for themselves. **Big Failures:** - **Japan invaded Manchuria** in 1932---**League: Crickets**. - **Italy invaded Abyssinia** in 1935---**League: Still crickets**. - **Spain's Civil War (1936-1939):** The League tried to intervene, but again, it mostly got ignored. **The Big Lesson:** - The League was built on **self-interest**. It's like forming a group for a school project and finding out your teammates care more about getting extra credit than the project itself. **You can see where this goes.** **The Second World War: Back to the Drawing Board** The **Second World War** breaks out in 1939, and the League's attempt at collective security totally fails. It's like everyone's like "Hey, let's avoid the fight," but one team keeps picking fights anyway. - **Germany attacks Poland**: The League goes into full **"uh-oh" mode**, but it's too late. World War II is officially on. - **Atomic Bomb**: The United States drops atomic bombs on Japan in 1945 to end the war. There's debate about whether it was really necessary---**that's still a hot topic**! **The United Nations: Starting Fresh** After World War II, **the United Nations (UN)** comes into existence, based on lessons learned from the League's failures. **What's Different About the UN?** - **Collective security**, but with a much stronger **enforcement mechanism**. - **New global rules**, including preventing the use of force and upholding human rights. - **The Nuremberg Trials**: Leaders were held accountable for their actions in the war, **so no more "I was just following orders"**. But let's not forget, **atomic weapons** are still a big issue. The legality of using them is still up for debate among lawyers and historians. **Quick Active Recall Check! 🔄** 1. **What was the main flaw of the 1907 Conference?** - It allowed countries to keep their **vital interests** out of arbitration. Big powers like Britain and France could act independently. 2. **What happened to Germany after World War I?** - Germany had to take responsibility for the war, lose land and colonies, and pay harsh reparations. 3. **What was the League of Nations' main goal?** - It aimed to prevent future wars through **collective security**, but it was weak because of self-interested countries. 4. **What was the League\'s biggest failure?** - It couldn't stop **Japan's invasion of Manchuria**, **Italy's invasion of Abyssinia**, or **Germany's actions leading to World War II**. 5. **What changed with the formation of the United Nations?** - The UN was **stronger**, had **clearer rules**, and made sure there were consequences for countries breaking them. By breaking it down into these chunks, you\'re not only getting the main ideas but also actively reinforcing your memory! Keep testing yourself on these key points, and you'll nail the history of international law. The **United Nations (UN) Charter** was established post-World War II, aiming to maintain international peace, prevent wars, and provide a collective security system. It was crafted in 1944 at the **Dumbarton Oaks Conference**, then finalized in **San Francisco** in 1945, with 51 states signing it. Key to the Charter was the **ban on force** (Article 2(4)) and the right to self-defense (Article 51), except in self-defense or collective defense cases. The main goal: **world peace**. But here's the twist: the **UN\'s collective security system** wasn't all it cracked up to be. While the **League of Nations** lacked enforcement power, the UN's **Security Council (SC)** had the authority to take action in peace-threatening situations. Yet, the **Cold War** rivalry between the **US** and **Soviet Union** paralyzed the SC. One example? In the **1962 Cuban Missile Crisis**, the US bypassed the UN and relied on the **Organization of American States (OAS)** instead of the deadlocked UN for legitimizing its actions. Similarly, the **Vietnam War** never saw a Security Council decision. And, the UN was stacked with **permanent members** (the US, Soviet Union, UK, China, France) who could veto decisions. **Article 2(1)** of the Charter states the UN is based on **sovereign equality**, but in reality, the **Great Powers** had more influence. This unequal setup reared its head during the **1956 Suez Crisis**, when the US and USSR forced **Britain and France** to withdraw from military actions. **Decolonization: A Game Changer** Right after the war, the **international community** was changing. The **Soviet Union** formed the **socialist bloc**, and post-WWII, many countries began fighting for **independence**. The **UN Charter's** principle of **self-determination** became the backbone of **decolonization**. The **1950s and 1960s** saw **Syria, India, Pakistan, Israel, Ghana, and Indonesia** among many others gaining independence. The UN's membership grew significantly with **former colonies** joining, making up about **half of the UN** by the 1960s. Suddenly, the **Global South** had a **majority** in the **General Assembly**, creating a shift in how decisions were made in the UN. However, the **Security Council** was still **dominated by the West**, and **voting** in international financial institutions (like the **World Bank** and **IMF**) reflected the economic power of the West. **The Rise of the Global South** After gaining independence, many **Third World countries** (primarily from **Africa, Asia, and Latin America**) didn't form a **unified bloc** like the **Soviet states**, but they did form the **Group of 77** (G77) at the **UN Conference on Trade and Development (UNCTAD)** in **1964**. These countries didn't have a single ideology; they ranged from **far-right** to **far-left** in governance. But they did share common struggles, mainly **poverty** and **economic development**. The **UN General Assembly** became a place to call for a **"New International Economic Order"** (NIEO), demanding better terms for developing countries. The **economic interests** of the South also influenced how they interacted with **international law**. For example, many countries sought **exclusive fishing rights** or **larger territorial waters** to protect local resources. **Shifting Views on International Law** Here's where it gets fun: many **newly independent states** viewed international law as something imposed by the **colonial powers**, not something they had a hand in shaping. They argued that they weren't bound by rules they didn't help create. But this was mostly in **cases where the rules went against their interests**. While they weren't rejecting all international law, they wanted **reforms** that would favor their development goals. For instance, **expropriation without compensation**, traditionally forbidden by international law, was something that some countries advocated for to help fund their **economic growth**. The debate over **foreign-owned property** (especially in **natural resources**) was once a major issue, but over time, the focus shifted from that to broader development concerns. **Conclusion: The Evolving Landscape** The development of the **Global South** reshaped the **international legal system**. The **UN**, with its shifting power dynamics, became a space where **former colonies** could voice their needs for **economic justice**, **resource rights**, and **a better deal in international law**. Their calls led to initiatives like the **common heritage of mankind** principle (for shared benefits of resources like deep-sea mining and outer space exploration) and the push for **technology transfer** from the **industrialized West** to the **developing world**. So, whether it was through the **UN Security Council\'s** **veto power**, the rise of new nations, or the development of new legal arguments, the post-WWII era set the stage for a **much more complex and contested** international system. **Detailed Summary with Active Recall** **1. Development of International Law and Colonial History** Developing countries, largely under colonial rule during the formation of international law, did not help shape these rules. **What argument do they make about international law created without their involvement?** - They claim they are not bound by rules they didn't help create, but this is typically used only when the rules go against their interests. **2. Accepting International Law That Benefits Them** While they challenge laws that don\'t serve their interests, developing countries do accept international law when it benefits them. **Why would they accept laws that seem outdated or imposed?** - They still value the necessity of international law as a regulating force between states. For example, many developing countries are eager to attract foreign investment, so they may accept rules that protect foreign-owned property. **3. Economic Interests and International Law** Economic development is key for many developing countries. **How might economic interests affect their view of international law?** - States with economies dependent on local resources (like fishing fleets) might push for stronger claims to exclusive zones. The law of the sea is a good example where they seek greater control. **4. Shift Toward Economic Development Goals** In the 1970s, developing countries increasingly used international forums, like the UN General Assembly, to advocate for a **New International Economic Order (NIEO)**. **What were the main issues raised in this movement?** - Issues like technology transfer, outer space use, and deep-sea mining rights. These states demanded more responsibility from richer nations. **5. Western Reluctance to Change** Despite calls for change, Western states were hesitant to fully accept these demands for legal reform. **Why might Western states be unwilling to acknowledge a legal obligation to help poorer countries?** - They helped economically but were reluctant to make formal legal commitments to support the South, often due to concerns over sovereignty and economic competition. **6. Resentment Toward Colonial Legacy** Many developing states feel resentment toward the colonial powers, which they feel imposed obligations they were not responsible for. **What claim do these countries make about past obligations?** - They often argue that they should not inherit the legal obligations accepted by their colonial rulers before independence. **7. Struggling to Change International Law** Changing international law is difficult. **Why is it challenging for states to alter existing treaties?** - Without consensus, states might break a treaty, and new customs can be seen as illegal until they gain widespread acceptance. How can a multilateral treaty help change law without direct conflict? **8. The Role of the UN General Assembly** The UN General Assembly was used by developing countries to push for changes, but **why is the General Assembly not an effective global legislature?** - It's not legally binding, and its resolutions can't compel states to change laws unless the states agree. **9. Post-WWII Changes to International Law** After 1945, the nature of international law began to change. **What major changes occurred in the global legal system after the war?** - The shift from state coexistence to cooperation, and the rise of global and regional international organizations, which increased efforts in social and economic areas. **10. Focus on Individual Rights** Post-WWII, international law started recognizing individual rights more. **How was this reflected in international law after 1945?** - Through the Universal Declaration of Human Rights (1948), the protection of refugees, and the Geneva Conventions on humanitarian law. **11. The End of the Cold War and New Interventions** The Cold War's end brought new debates, especially about intervention in states to support democracy or human rights. **Why was democratic intervention controversial?** - Some argue democracy must be supported globally, while others question whether Western ideals should be imposed on other cultures. **12. Clash of Civilizations or Global Unity?** After the Cold War, some thinkers, like **Samuel Huntington**, suggested a potential "clash of civilizations." **How does this view challenge the idea of a universal international law?** - Cultural and historical differences may prevent universal application of Western legal norms. **13. Regionalism vs. Universality in International Law** International law has become more universal, but regional tensions still exist. **What is the significance of the Friendly Relations Declaration (1970)?** - It highlighted universal principles like the prohibition of force, peaceful dispute resolution, and self-determination of peoples. **Can these principles be applied universally in a diverse world?** **14. The Rise of New Legal Theories** New theories in international law are challenging old frameworks. **What are some examples of new schools of thought in international law?** - **Critical Legal Studies** challenges traditional legal concepts by focusing on power dynamics and the inconsistency of international law. - The **New Haven school** stresses the fluidity of international law and decision-making, combining legal argument with political factors. **15. The Marxist-Leninist Decline and Emerging Theories** Marxist-Leninist theories of international law have lost influence. **What new developments have emerged in the legal theories of former Communist states?** - As former Communist states shift their views on international law, new perspectives emerge, including **Islamic views** on law and the growing influence of China in international law. **16. Power, Interest, and the Changing Nature of Law** Röling's perspective highlights that law often serves the interests of the powerful. **How does this view shape our understanding of international law today?** - International law tends to serve the interests of prosperous and powerful states. The question is: **Which interests does international law now serve in an increasingly interdependent world?** **Active Recall Questions** 1. **Why do developing countries argue they should not be bound by certain international laws?** 2. **How does international law benefit developing countries, even if they didn't shape it?** 3. **What role does economic development play in shaping a developing country's stance on international law?** 4. **What is the significance of the UN General Assembly in advancing the goals of developing countries?** 5. **How did international law change after WWII, and how did the Cold War influence this shift?** 6. **What challenges do states face when trying to change international law?** 7. **Why is the concept of 'democratic intervention' controversial in international law?** 8. **Can international law truly be universal, given cultural and historical differences?** 9. **What new schools of thought in international law are emerging, and how do they challenge traditional views?** 10. **What did Röling mean by law serving the interests of the powerful, and how does this apply today?** By actively recalling answers to these questions, you'll reinforce your understanding and deepen your grasp of the material. **Key Takeaways**: - The **UN Charter** was designed for peace, but **Cold War tensions** paralyzed its core functions. - The **Security Council** favored **Great Powers**, and their **veto power** gave them more say than other countries. - **Decolonization** dramatically changed the **UN** and the **global order**. - **Third World countries** sought a reformed **international legal system** that addressed their developmental needs, advocating for more economic power and fairness in global law.