International Law PDF

October 7 Page 488-498 International Law Established by States through either custom or convention ( created by states ) Facilitate international cooperation or regulate international behavior (more easy interactions between them ++ increase...

October 7 Page 488-498 International Law Established by States through either custom or convention ( created by states ) Facilitate international cooperation or regulate international behavior (more easy interactions between them ++ increase better behavior) EXAMPLES Geneva Convention The World Trade Organisation (WTO) Rules on exchange of goods The UN Convention on the Law of the Sea (UNCLOS) Governs the use of the oceans and seabed resources Ottawa Convention the use and production of landmines International Human Rights Law (intrudes deeply into national political practices (why?) Precisely because because the specific rules of international law matter states often bargain intensely because of those rules and their interpretation Law does not mean the end of the conflict but it is the product of political interaction and struggle Valued followed for the cooperation that it helps bring about international law = a body of rules which connect states and other agents in world politics in their relations with one another and is considered to have the status of law groupe de règles qui obligent les pays à se comporter d’une certaine manière et ces règles sont appelées lois. 2 aspects of international law 1. INTERNATIONAL LAW IS A BODY OF RULES LINKED TOGETHER IN A COMMON LOGICAL STRUCTURE This implies that there is coherence and structure in the way these rules work together to govern the relationships between states and other actors on the global stage. In other words, the rules are not isolated but form an organized system 2. TO HAVE THE STATUS OF LAW, A BODY OF RULES MUST INCLUDE BOTH PRIMARY RULES, WHICH REGULATE BEHAVIOR, AND SECONDARY RULES , WHICH REGULATE HOW PRIMARY RULES ARE MADE (We can think secondary rules are similar to a constitution or the rules about how rules are made)A RULE OF LAW SET PRIMARY RULES IN WAYS THAT ARE CONSISTENT WITH SECONDARY ONES. Primarily adopted in conformity with existing secondary rules 1ST REGULATE COMPORTEMENT ( DON’T DO X) (MUST DO Y) 2ND REGULATE FIRST For a set of rules to be considered law, it must include two types of rules: 1. Primary rules: These tell people how to act. 2. Secondary rules: These explain how primary rules are made." Explanation: Primary rules: These are the rules that dictate what people can or cannot do. For example, a law that prohibits stealing. Secondary rules: These are the rules that define the process of creating primary rules. For example, who can write laws and how that happens. This shows that a legal system needs to be organized and well-structured. International law consists of strict rules created by secondary regulations, making it different from international norms and other types of norms. NORMS are singular rules , disconnected from any larger body of rules and can contradict secondary rules HOW IS INTERNATIONAL LAW MADE ? INTERNATIONAL HUMANITARIAN LAW : also known as laws of war a body of rules which seeks to ⤵️ Reduce the consequences of armed conflict / Protect non-fighters (civilians) / Limit combat methods for humanitarian objectives control states during the worst abuses during armed conflict STATES MAY BARGAIN OVER INTERNATIONAL LAW, WHEN PREFERRING CERTAIN RULES OVER OTHERS. (US AND THE INTERNATIONAL LAW GOVERNING THE USE OF THE SEA EXAMPLE ➡ ️US refused to sign the final document ) In other cases states follow international law or norms because they gain benefits when other states do the same. This mutual benefit encourages cooperation and stability among countries. THE UN CHARTER ARTICLE 2 (4) PROHIBITION OF THE USE OF FORCE EVEN IF SOME STATES WOULD BE MORE POWERFUL IF THEY INVADED THE BENEFITS OF PEACE AND STABILITY MEAN THAT SUBMISSION WITH THIS ASPECT OF INTERNATIONAL LAW IS HIGH MOST OF THE TIME HOWEVER, IT IS THE PROFITS OF COOPERATION MADE POSSIBLE BY RULES AND OBEDIENCE TO THOSE RULES THAT LEAD STATES TO CREATE AND RESPECT BY INTERNATIONAL LAWS. INTERNATIONAL RELATIONS 2 MECHANISMS FOR MAKING INTERNATIONAL LAW CUSTOMARY INTERNATIONAL LAW : DEVELOPS OVER TIME, WHEN STATE STATES COME TO THINK THOSE PRACTICES ARE THE CORRECT THING (APPROPRIATE) 1) CUSTOM OR ACCEPTED PRACTICE. STATE CARRY CERTAIN PRACTICES BECAUSE THEY THINK IT'S THE RIGHT THING TO DO SO (LEGALLY OBLIGED) EXAMPLE : LAW OF DIPLOMATIC IMMUNITY WHEREBY AMBASSADORS ARE EXEMPT FROM LAWS FROM THEIR HOST NATION ( this permit to be free from motivated prosecutions/ crime invented / misunderstanding ) example of freedom of the sea concept of crimes against humanity and was codified in the Rome Statute of the International Criminal Court Secondary rules remain vague here however ( the length of time before it is accepted or the number of countries is not mentioned by any other rules) states follow them because they benefit little from stopping to follow them 2) INTERNATIONAL TREATIES WHICH ARE NEGOTIATED AND THEN VALIDATED BY STATES IS THE SECOND MECHANISM An agreement represent a large number of states it is not necessary to involve all states, some of them were made by small groups Some agreements are easy to make the Geneva Convention. Some are difficult UNCLOS APPLIED IN Public International Law Regulation of interactions among or between states and actors  private international law, which separate body of law regulate private but transnational legal battles homework questions (487-490) WHAT IS INTERNATIONAL LAW International Law is basically a body of rules that reunites states or actors and is considered to have a status of laws to respect between each other WHAT IS THE DIFFERENCE BETWEEN PRIMARY AND SECONDARY RULES A primary rule is based on comportment and behavior, while the secondary rule is based to declare how and what makes the primary rule ( how they are made) WHAT IS CUSTOMARY INTERNATIONAL LAW Customary law is basically a law, that a state slowly recognize it as appropriate WHY ARE THE SECONDARY RULES THAT GOVERN THE ESTABLISHMENT OF CUSTOMARY INTERNATIONAL LAW VAGUE It is vague because the number of countries that must recognize practice as legitimate and the time is specified by any other rules. Making the primary rule stand alone without the secondary rule. WHAT HAPPENS WHEN STATE RATIFY AN INTERNATIONAL TREATY Originate in a convention to negotiate a new agreement involving a large number of states. Not important to involve all states , it can be most of the time in a small group of states. Some treaties are made faster than others because of disagreement.  IS ALL INTERNATIONAL LAW THE SAME ? Different forms in which law can take, (states must choose) DIMENSIONS LAW CAN VARY ON DEFINITIONS : OBLIGATION = Degree to which states are legally bound by an international rule ( to what extent can international rule have power) High obligation rule ➡️Must be performed and followed even if a state changes interests , subject to certain exceptions, such as self-defense,protection or necessity. ex: Geneva Conventions or law prohibiting crimes against humanity ( unconditional and demand reparation if they are not fulfilled) Low obligation ➡️ Merely aspirational, a certain standard of behavior a state should follow Most early human rights were made in such form PRECISION = Degree to which international legal obligations are fully specified. More precise rules narrow the scope for reasonable interpretation. Specify a law so that a state cannot interpret it in its own way. Precision implies ➡️ That rules are related to one another in a non contradictory way so that interpretation can coherently be carried out. states will seek to be the most precise as possible to limit future interpretations of the law other agreements can be extremely imprecise. Vague terms ensure that settling on an agreement will not bring any bargaining to a close and that states will continue to negotiate. DELEGATION = degree to which third parties such as courts, arbitrators or mediators, are given authority to inforce, interpret and apply international legal rules; To resolve disputes over the rules and to make additional rules.Third parties degree of authority in domestic law :for courts third parties are delegated powers that can interpret the law to fill in legal gaps left in the original statute when the delegation is high and statutes are imprecise courts may actually make new law through their interpretations this is often called = JUDICIAL ACTIVISM In international relations, states can be hesitant to delegate significant authorities to third parties. The power to interpret the law and possibly make new law had the potential to force states in ways they did not expect. IN OTHER WORDS, IF THEY KNEW, THEY WOULD NEVER HAVE ACCEPTED THIS. When in conflict, delegation can vary from from courts, decision making or the ability to set legal precedents Having less delegated authority are various arbitrators and mediators, they can recommend more enforcement solutions to disagreement. In the world of rulemaking and implementation(enforcement), international law may delegate unrestricted power to administrative bodies. In most cases, administrative bodies have more conditional powers subject to states annul/cancel. THOSE 3 FORMS, WE CAN DISTINGUISH BETWEEN HARD AND SOFT LAW HARD LAW : Obligatory, precise and delegates (assign) considerable authority to third parties as international courts SOFT LAW : desiring and unclear and it does not assign significant power to third parties COUNTRIES OFTEN PREFER AND ADOPT SOFT LAW BECAUSE ➔ IT IS EASIER TO ACHIEVE ➔ MORE FLEXIBLE ➔ BETTER SUITED TO DEALING WITH UNCERTAIN FUTURE ➔ VIOLATE LESS ON STATE SOVEREIGNTY ➔ FACILITATE COMPROMISE IT IS NOT A FAILURE OF LAWMAKING IF A STATE CHOOSE SOFT LAW. IT IS MORE LIKE CHOOSING TO WRITE APPROPRIATELY TO THE ISSUE AREA OR THE EXTENT YOU CAN BE WILLING TO ACCEPT NO GUARANTEE SOFT LAW, WILL END UP A HARD LAW. IT ONLY CREATES A FRAMEWORK TO CONTINUE NEGOTIATION AND A CERTAIN SET OF GOAL FOR STATES. IT MAY END UP A HARD LAW AS STATES GAIN EXPERIENCE AND BARGAIN, WRITE TREATIES ETC. AT THE EXTREME SOFT LAW BLENDS INTO INTERNATIONAL NORMS. DOES INTERNATIONAL LAW MATTER ? Supporters of international law : view it as important because it can improve cooperation and stop potential conflicts from happening. High levels of compliance/obedience result from more or less explicit enforcement mechanisms in IR states may obey even without enforcement provisions. States do obey with IL and if they fail it’s because of ❖ THE LAW IS IMPRECISE ❖ LACK OF THE CAPACITY TO FULFILL OBLIGATIONS LAW CAN BE A SIGNIFICANT CONSTRAINT ON THE INTERACTIONS OF STATES. Skepticals observers : unrealistic and utopian or at least a reflection of states interests rather than restriction on a state actions 2 main problems ❖ LAW IS RARELY PRECISE ENOUGH TO DEAL WITH EVERY POSSIBLE INTERACTION BETWEEN ACTORS ( HARDLY EXPECT INTERNATIONAL LAW TO BE MORE PRECISE AND LESS OPEN TO CREATIVE INTERPRETATION THAN DOMESTIC LAW IS) IF I.L. IS MALLEABLE AND CAN BE INTERPRETED TO JUSTIFY WHATEVER STATES MIGHT WANT TO DO, IT IS A WEAK RESTRICTION ON THEIR ACTIONS ❖ PRODUCT OF STATES INTERESTS AND INTERACTIONS ( states decide the rules that will lead them/ like to which rules are obligatory, precise and delegated) states abide by rules they have written. “ Selection Problem” IL does not Restrict state. It’s only an agreement signature and commanding to follow something they already agree to. law can have an independent effect on state behavior and above states interests. (somewhere between those 2 extremes) international cooperation require states to pick long term benefits than short terms and make forms that will balance weaker states with those of more powerful states. Can IL stop states from picking short term benefits? It depends Just because agreements do not contain explicit enforcement, provisions does not mean that states cannot use informal mechanisms to punish noncompliance. An agreement may specify enforcement provisions. However, the enforcement of IL ultimately depends on the principles of national self-help. There is no higher authority than the state that can enforce law between all states. ( no police) The most IL can do is to set terms or conditions under which victims can fight back without any punishment. ( legally and legitimately) Although, countries follow IL because of the benefits and cooperation they can permit. IL increases cooperation by setting less or more standards of behavior. ( articulating more or less precise rules, lowering costs of decision making by creating rules that have no need to be negotiated ) In other words, rules can help clarify expectations on both sides. Obligation and precision may be the most important dimensions of IL because they set this standard of behavior to states and reduce the range on which states could argue. they define which behaviors are consistent with cooperation and which are not. (ANTICIPATED) BENEFITS OF COOPERATION : ❖ LEAD STATES TO CREATE IL BENEFITS OF COOPERATION : ❖ LEAD STATES TO ABIDE WITH THE RULES ONCE THEY ARE IN PLACE Transgression of Law would damage the gains from cooperation. In fear, they will prefer to refrain from choosing the short term interests. ⬆️⬆️ = BENEFITS OF COOPERATION = ⬆️ EQUALLY BENEFITS ARE BEING SHARED IL WILL CONSTRAIN THE POLICIES OF ALL STATES ⬆️STATES HAVE TO LOSE BY NOT COOPERATING = INTERACTIONS AND ALTER OUTCOMES ⬆️ LIKELY THAT IL WILL SHAPE THEIR When states disagree on something, it is better to refer the dispute to an independent decision-making body. It can prevent it from escalating. ( COURTS, ARBITRATORS, AND OTHER TRIBUNALS) Domestic courts are also important in the enforcement of IL. Many countries' situation = INTERNATIONAL TREATIES > DOMESTIC LAW ( if treaties are enacted, they override domestic law and it cannot be changed by legislation). In other words, they are part of domestic law in the countries that ratified it. Domestic Courts are also important to IL in interpreting domestic statutes. As IL is directly and indirectly incorporated into domestic law, the enforcement powers of states within their own jurisdictions are being exploited to it. SOME ADDITIONAL LAW CREATE COMPLIANCE CONSTITUENCIES WITHIN STATES THAT THEN HAVE INTERESTS IN ENSURING THAT THEIR GOVERNMENTS FOLLOW THE RULES. EVEN WHEN SOME DOMESTIC GROUPS MIGHT BENEFIT FROM BREAKING IL, OTHER CONSTITUENCIES HAVE A STRONG INTEREST IN UPHOLDING THEM. ANTICOMPLIANCE CONSTITUENCIES MAY ALSO EXIST, TYPICALLY WHEN POLITICAL PARTIES USE NATIONALISM, XENOPHOBIA, OR ANTI FOREIGN RHETORIC TO MOBILZE SUPPORTERS. BENEFITS OF COOPERATION to states + particular groups within states = make international law self-enforcing. Anarchical states still want to follow IL because they are all better off when following the rules. IL can still influence without any external enforcement mechanism. IL is unlikely to end bargaining failures that can lead states to war. WHAT THEY ENSURE is NOT that cooperation will always win. IT IS INSTEAD AN USUAL TOOL FOR guiding the interactions of states in more constructive directions and for bringing about desirable outcomes in world politics, IT IS NOT AN UNIVERSAL CURE WHY DEBATE WILL CONTINUE is because there is a difficulty about its effectiveness. HOMEWORK QUESTIONS According to “supporters of international law,” how often do states comply with their international legal obligations ? Most of the time states follow international law because it facilitates cooperation and stops potential conflicts from happening. States only don’t obey when the law is imprecise and the lack of capacity to fulfill obligation. They believe laws have a significant restriction upon states. According to “skeptical observers,” what are the main problems with international law? The first problem is How can international law be enforced in an anarchical international system? How does reciprocity shape states’ compliance with international law? Why would states delegate the adjudication of international law to courts? What are “compliance constituencies”?  Why is international law often “self-enforcing”? OCT 16 Charter of the United Nations ( 1945) Preamble, Chapter 1 and chapter 5 In your own words, how would you summarize the purpose of the UN, as described in Article 1 of Chapter 1 of the Charter? The purpose of the United Nations Charter is to protect international peace and security. It aims to propose collective solutions to prevent any acts of aggression and violence while also respecting justice and international law. What principle is enshrined in Article 2(1) of Chapter 1? What do you think it means? This means that the United Nations is based on the equality of its members. Each member has the right to respond or vote, even if their wealth or power is different. What do you think Article 2(4) of Chapter 1 means? This article emphasizes the importance of peace within the United Nations. Members cannot use force and should instead discuss and reach an agreement in a positive manner What do you think Article 2(7) of Chapter 1 means? This article emphasizes the importance of peace, equality, and respect. It highlights the need not to interfere in the affairs of others unless there is a danger to other members, to the international community, or to humanity How many states are members of the UN Security Council? What are the two categories of members? The UN Security Council has 15 members. First, there are the 5 permanent members: China, France, Russia, the United Kingdom, and the United States. These members have the power of veto over substantive resolutions. Then, there are 10 non-permanent members, elected for a two-year term by the General Assembly. These members do not have veto power. Which states are permanent members of the UN Security Council? The permanent members, also known as the P5, are China, France, Russia, the United Kingdom, and the United States. Which UN body elects the non-permanent members? What criteria does Article 23 of Chapter V suggest should be considered when electing non-permanent members of the Security Council? It is the General Assembly that elects the non-permanent members of the Security Council. Several criteria must be considered. First, equitable geographical distribution (taking into account other regions, not just one's own), contribution to the maintenance of international peace and security (evaluating their capacity to maintain peace), and other factors such as the political, economic, and social contributions of the candidates.  According to Article 24 of Chapter V, what is the responsibility of the UN Security Council? Maintaining peace, as previously mentioned, involves acting against what threatens it. This includes determining the existence of threats to peace, formulating recommendations for the peaceful settlement of disputes, and taking coercive measures if necessary. What do you think Article 25 of Chapter V means? It is an agreement that the members have made. This means they have accepted the recommendations proposed by the Security Council. How many affirmative votes are required for the Security Council to make a decision on `procedural` matters? For a decision to be made, at least 9 affirmative votes are required. how does the decision-making differ for `all other matters` (i.e. non-procedural)? For non-procedural matters within the Security Council, at least 9 votes are required, including 5 from the permanent members. If one of these members are in disagreement, they can exercise their veto power, which nullifies the decision even if 14 members are in favor Under what conditions can UN member states that are not members of the Security Council participate in its discussions? UN member states that are not members of the Security Council can participate. They are invited by the Security Council as observers and during special sessions. Although they cannot vote, they can express their opinions. OCT 21 pages 216-223 COLLECTIVE SECURITY : WHEN CAN THE UN KEEP THE PEACE ? Woodrow Wilson = US president after ww1 believed that no state alliance stop war but start them instead believed in permanent institution in the name of peace and security proposed the creation of The League of Nations : collective security organization founded in 1919 and ended officially in 1946 but died in 1939 because it caused ww2 After WW2 US president Franklin D. Roosevelt pushed the idea of Wilson proposed creation of UN : a collective security organization founded in 1945 after ww2 and function today but respond to aggression mixed collective security organizations = promote peace and security among its members difference from alliances is in different kind of interests 1) alliance = 2+ states common interests in the outcome of bargaining with adversaries 2) collective security organizations = all states have common interests for peace ; no alter bargain in favor of one state facilitate cooperation promotes mechanisms to resolve disputes not military use if status quo is changed, it happens in a peaceful way if states attack = attack for everyone not just one state  collectivism will help states to help each other in stopping states and intended to deter ; if fails make sure they don’t gain anything good from it UN intervene in global war but also in civil wars ( civil war that have genocide) alliance = restricted to a number of states collective security organization = universal or almost will show that every states seek peace + security regional security also exists HOW DO COLLECTIVE SECURITY WORK ? Collective security = 1 state represent threat to peace all states are called to intervene in various ways ( sanctions or military ) goal = stop actors or behavior knowing the consequences of this action ; states should be hesitant in committing aggression collective security org. has 2 aspects 1) alternative strategies like UN secretary-general (active role in mediating conflicts ) or deployment of peacekeeping forces third parties are here to try and make peace between the 2 states in conflict 2) Mandate to include stop/prevent civil conflicts and large scale human rights abuses humanitarian interventions = intervention designed to relieve humanitarian crises stemming from civil conflicts or large-scale human rights abuses, including genocide. Peacekeeping and humanitarian intervention do not fit the original view of collective security. but this is what they do mostly collective security org. can influence bargaining interaction in 3 ways 1) outside involvement will make bargaining lose it’s qualities because status quo won’t go in their favor because of the third party 2) outsiders help resolve problem ; they promise to execute and protect weaker state if the stronger state will threat them 3) serving as neutral observers and peacekeepers instead of district intervention ; will ↓ first strike possibility ; commitment problem is a major obstacle in ending civil war and sending peacekeeping missions THE DILEMMAS OF COLLECTIVE SECURITY 2 Challenges in intervention. 1) collective action problem don't have military force ; rely on its members ; members face taxes and costs. action = public goods and public goods bring free rider problem; some countries will benefit from other countries' work and because of that UN peacekeeping mission is underfunded. 2) Difficulty of concluding if the act was self-defense or aggression and it can delegitimize an act of community interest ; if an act merits international response. UN = universal universal = means that there are mixed interests in its members. members will be motivated to see aggression where others may not. collective security best = everyone satisfied of the status quo ( rarely the case) INSTITUTIONAL RESPONSES TO THE CHALLENGES OF COLLECTIVE SECURITY Institutions created to improve cooperation in situations that arise repeatedly.  don't treat new crises in ad hoc manners. League of Nations permanent members All 15 members have the right to veto and everyone needs to agree for it to work. 1. UK 2. france 3. Italy 4. japan 5. ( later ) Germany UN permanent members P(5) : the five members of the UN security council UN = 9 members need to agree which need to have all P(5) agreements in addition. only the P(5 ) have the right to veto. 1. Uk 2. France 3. China 4. Russia 5. USA UN security council (UNSC) : the main governing body of the UN, which has the authority to identify threats to international peace and security. why P(5) can have the right to veto : 1) make decision/action easier ↓ costs of coming to an agreement because there's no need of 15 votes only 9 positive votes is enough with P(5) 2) organization acts with consent of strongest powers help collective action problems and will be led with great ressources. 3) will not be opposed by powerful members not neutral won't act without strong power agreement won’t act if 1 disagree won’t act in ways that harm strong powers is unjust because it only can impact weak powers because permanent members have allies or strong powers themselves can veto to stop help states cooperate further in collective interests in international peace by providing rules and standards to address challenges that complicate collective action and joint decision making. operate under constraints that limit their ability to act effectively. Collective security organizations only work in 2 ways.  1) The powerful member states that are central to their decision making process must all agree on the desirability of collective action in a minimum, none of these states can be sufficiently opposed that it will block such actions. 2) Some members need to value the collective good highly enough to pay the price to ensure that the good is provided. Useful promoting cooperation when every state has common interests in keeping the peace. It is not guaranteed. Homework question What is a collective security organization? A collective security organization is an organization where members work together to make decisions about maintaining peace and security around the world. Some members have the power to veto decisions if they disagree, while if most or all members agree, they can ratify the decision. In theory, how is collective security supposed to maintain international peace? In theory, collective security is supposed to maintain international peace in two main ways. First, the powerful member states that are central to the decision-making process must all agree on the desirability of collective action. None of these states should be sufficiently opposed to block such actions. Second, some members need to value the collective good highly enough to be willing to pay the price to ensure it is provided. This promotes cooperation when all states have common interests in keeping the peace. However, it is important to note that this outcome is not guaranteed. How can collective security organizations influence bargaining interactions? Collective security organizations can actually help decrease the chances of reaching an agreement. The presence of a third party can play an active role in mediating conflicts and can also help to prevent civil conflicts. Why do collective security organizations face a collective action problem? Collective security organizations face a collective action problem primarily due to free riders. They need states that are willing to contribute to the public good that the organization represents. Additionally, the diverse interests of the 193 member states can complicate consensus-building. Moreover, member states may experience risk aversion, leading to inaction, and this can create challenges in decision-making. What is the structure of the UN Security Council? The UN Security Council consists of 15 members: 5 permanent members, known as the P5, which are China, France, the United Kingdom, the United States, and Russia. In addition, there are 10 non-permanent members who are elected for two-year terms and rotate periodically What are the voting rules of the UN Security Council? All members have the right to vote, but only the permanent members have the power to veto decisions. To ratify a resolution, there must be agreement from all 5 permanent members and at least 9 of the 10 non-permanent members. How does the P5 veto impact affect actions taken by the UN Security Council? The P5 veto impacts actions taken by the UN Security Council by facilitating quicker decision-making when the strongest powers are in agreement. Since any of the permanent members can veto a resolution, their approval is essential, which often eliminates opposition from these major powers during the decision-making process.  OCT 23 Homework question chapter 7 Why would article 39 of Chapter VII be important for “collective security”? Article 39 is important for collective security because it allows the Security Council to decide if a situation threatens peace. If so, it can take action, like sanctions or military intervention, to prevent conflict. It helps collective security by allowing the Security Council to respond quickly to threats to peace. By acting together, countries can prevent conflicts from spreading, ensuring global peace is protected. What is the difference between article 41 and 42 of Chapter VII? So, Article 41 is for economic or diplomatic actions, and Article 42 is for military actions. What does Chapter VII say about self-defense? Article 51 allows countries to defend themselves alone or with others in the case of aggression, until the Security Council intervenes. OCT 28 PAGES 223-236 THE EXPERIENCE OF COLLECTIVE SECURITY : THE UNITED NATIONS Created because of world wars that occurred but also because of nuclear weaponry WHAT DOES THE UN DO ? members sign the charter and agree to not use forces and are ready to act with peace. Ch 7 of the charter authorizes the security council to make decisions after an act of aggression. economic and diplomatic sanction but can go as far as it wishes 2 kinds of military operation the security council can do : 1) peace enforcement 2) peacekeeping Peace-enforcement operation : a military operation in which forces are used to make and enforce peace among hostile parties that have not agreed to end their fighting. impose peace upon hostile parties by intervening with force if they judge the situation is threatening international peace.  recently intervening in civil conflicts even if the state did not ask for any help; goal = protect civilians and bring conflict to an end. Peacekeeping operation : an operation in which troops and observers are deployed to monitor the agreement between the 2 parties ( 3rd party presence ) occur in civil war when they need a 3rd party to stop the war. the third party will make sure the civil parties follow the rules. It can also decrease the violence and injustice between them. need to be invited so it can deploy its military unlike the peace-enforcement. HOST NATION AGREEMENT chapter 6 = for peaceful intervention chapter 7 = for forceful intervention will expect to see one P(5) at least to involve themselves deeply if the state is seen as an aggressor Homework question What is a “peace enforcement operation”? To enforce peace upon 2 states the security council perceive as a threat. Which section of the UN Charter allows the UN to authorize peace enforcement operations? Ch 6 What is a “peacekeeping operation”? An operation in which the UN sends troops to accompany them in agreement like a third party. Which is neutral. What section of the UN Charter envisions peacekeeping operations? Ch 7 What is “host nation agreement”? A host nation agreement is when the nation that is suffering from the conflict is calling or agreeing for UN forces to come into their territory.Typically needed for peacekeeping operation. Why was the UN Security Council largely “paralyzed” during the Cold War? It was largely paralyzed because of the Soviet Union and USA division and dominance.Since they had veto right.Mostly Soviet Union used It then USA used most of it. look at Figure 5.3 — which country do you think has cast the largest number of vetoes? Do you see any changes over time? The Soviet Union was the one that casted the largest numbers of vetoes, since it was firm at that time. After the cold war and Soviet Union collapsed,Russia wanted a better relationship with the west, so it stopped vetoing as much.  How was it possible for the UN Security Council to authorize intervention in the Korean War despite the fact that North Korea was allied with the veto-wielding Soviet Union? The UN Security Council authorized at that time because the Soviet Union for a certain time withdrawn from the UN council in an attempt to boycott to make the new Chinese communist party replace the s How did the end of the Cold War affect the number of UN peacekeeping missions deployed? How did the UN Security Council respond to the Iraqi invasion of Kuwait in 1990? How did the UN Security Council respond to the war in Bosnia-Herzegovina? How successful was UN peacekeeping in Rwanda? in Darfur? OCT 30 WHAT ARE INTERNATIONAL HUMAN RIGHTS? HUMAN RIGHTS : equal rights for everyone because they’re humans. “The right possessed by all individuals by virtue of being human, regardless of their status as citizens of particular states or members of a group or organization,” Human rights were created during the 18th century by English philosopher John Locke from enlightenment.It influenced the French and American revolution , in the declaration of independence. The first steps to concrete at the international level were then created after WW2 because of Holocaust in UN Charter.Article 55 which based on respect for differences. ( equal rights and self determination of peoples) Which right article 55 embodied and which right the states would be expected to protect = Universal Declaration of Human Rights (UDHR) = A declaration, adopted by the UN General Assembly in 1949 (foundation of modern human right law) UDHR = are soft law and are the accepted norms (authoritative standard) 30 articles has a diverse set of rights. René Cassin = major author of UDHR described the document in 4 pillars : Dignity, Liberty, Equality and brotherhood ( each one of them represent a historical principle or philosophy of human rights) articles 1-2 timeless human dignity shared by individuals ( regardless of differences) articles 3-21 FIRST GENERATION OF CIVIL LIBERTIES AND OTHER RIGHTS FOUNDED  such as freedom of speech, freedom of association, and equal protection. ( roots from enlightenment/ western philosophy ) articles 22-26 SECOND GENERATION INCLUDES RIGHTS OF EMPLOYMENT,ADEQUATE STANDARD OF LIVING, EDUCATION focus on political, social and economic equality ( during industrial revolution) articles 27-28 THIRD GENERATION FAR LESS DEVELOPED IN UDHR rights of communal and national solidarity ( 19th century from the post colonial states) Together UN + UDHR negotiated the Convention on the Prevention and Punishment of the Crime of Genocide 1st human right treaty to define obligations and rules. Genocide invented by Raphael Lemkin ( polish lawyer and jewish, immigrated to US ) Greek : Genos (race) + Latin : Cidere (to kill) = Genocide GENOCIDE = acts committed to destroy a certain group GENOCIDE CONVENTION = THE FIRST PIECE OF HARD INTERNATIONAL HUMAN RIGHTS LAW = 152 states parties who agreed (most recognized treaties and supported) The USA signed but did not agree until 40 yrs later. Senator William Proxmire strongly supported the ratification and made several speeches on the senate floor. STEP 1 : negotiating for 18 yrs for UDHR and Genocide Convention STEP 2 : translating UDHR to make it legally binding and internationally enforceable treaties. NEGOTIATIONS TRANSFORMED 2 AGREEMENTS : 1. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS ( ICCPR) = basic civil and political rights of individuals and nations (WESTERN SUPPORT) it promote basic rights ( liberty, freedom, no propaganda, no torture, freedom of marriage and equality, no discrimination ) 173/193 agree The USA agreed in 1992, binding only as a matter of international law; its provision does not become domestic law if there is no legislation by the US congress. monitored by 18 experts 3 times a year and discussing violations in compliance with the treaty. 2. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS ( ICESCR) = specifies the basic economic, social and cultural rights of individuals and nations. (COMMUNIST FAVORED)  support of minimum standard of living, right to start Trade Unions, wages and maternity but also education. Prohibit exploitation of children and want to stop world hunger 171/193 ratified. Those state parties need to write progress in stopping those to the secretary general of the UN. The USA signed under Carter, but did not ratify because of the opposition to provisions that go beyond domestic law. ICCPR AND ICESCR = TWIN COVENANTS INTERNATIONAL BILL OF RIGHTS = the UDHR + ICCPR + ICESCR the core of international human right regime. + table 12.1 Homework questions What are “human rights”? Human rights is a concept where the right is possessed by all individuals simply because they are humans. Why did attempts to translate the UDHR into legally binding agreements result into two treaties? what kinds of rights do each of those treaties focus on? It resulted in 2 different agreements because the countries had 2 different views of what is right.The ICCPR is favored by the west and ICESCR is favored by the communists. look at the list of human rights treaties in Table 12.1: using the website I showed you earlier in the course (https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en) find which of these treaties has a) the highest number of parties, b) the lowest number of parties a) convention on the rights of the child b) International convention on the protection of the rights of all migrant workers and members of their families ( ICRMW) using the same website, find at least one state that has a reservation to the Convention on the Prevention and Punishment of the Crime of Genocide; what is the nature of that state’s reservation? 523-527 NOV 6 532-535 AND 556-558 SHOULD ECONOMIC SANCTIONS BE IMPOSED ON GOVERNMENTS THAT VIOLATE HUMAN RIGHTS? US ➡️imposed restrictions on 22 countries, mostly because of human rights violations sanction : often imposed when encountering opposing interests. It needs to be imposed by all/almost all states because if not, states can obtain it from non-participating countries. In other words, it can be effective if it's from a multilateral institution like the UN. restriction : is an interaction or more precisely a form of coercion to raise and make a change in the state behavior. One of the worst sanctions : for Iraq because of the Persian Gulf War of 1991. Iraq invaded Kuwait. Ended quickly but the sanction continued for 12 years. The restriction was to block everything except for food and medical supplies. Their goal was to stop international trade and finance to sap Saddam Hussein’s power and to “help” Iraqi people. Did not help the Iraqi people, instead raised the infant mortality and Denis Halliday ( UN coordinator for Iraq ) condemned the sanctions. And called it a genocide. Because of that now states use smart sanctions : sanctions that target only the leader and their supporters. The goal is to impose pain only to them both, to make them stop and change policy. problem of smart sanctions : 1. difficult to impose sanctions without imposing pain to its population too. 2. They will often turn against the regime, since they are its primary beneficiaries. more effective the sanction is = the stronger the case success = mixed South Africa : with white rule supremacy , South African leader in anti-apartheid Desmonnd Tutu thought and asked for sanction because it was the last peaceful ressource. Iraq : different from South Africa because it was not a restriction from an opposing group in the country, but by USA + allies. US ambassador Madeleine Albright to the UN said that the state thought the price was worth it. Value of sanctions arises in any attempts to change economic restrictions Syria : and the civil war by the Assad Regime against opposition and Iran because of its nuclear program. Who gets to decide who deserves sanctions and not? WHY DO INDIVIDUALS AND STATES CARE ABOUT THE HUMAN RIGHTS OF OTHERS? WHY DO STATES VIOLATE HUMAN RIGHTS? Improve human rights = found in many NGO’s Various reasons: 1. Some violations can start because of the lack of capacity a state can have ( no money to provide basic stuff like education for free as required under ICESCR)  2. Not able to control military or police sufficiency to stop human right abuses like US abused Iraqi prisoners. 3. Many human rights are soft law/ not strict rules in other cases it can also be because : 1. Defense of National Security seen as criminal not political behavior Amnesty International excludes POC’s who use violence. Mandela anti-apartheid in South Africa who was convicted for trying to overthrow the government by violence. The Lines between political and criminal activities are ambiguous. even when clearly criminal punishment may be abusive if not passed under the law. 2. Under attack states an abuse group that may be allied with foreign power. Like the example of the US and Red Scare or Russia and the bolsheviks. US and terrorist associations after 2001. 3. To preserve their power it differs from the others because of National Security rationale. Goal is to deter opponents and declare war on citizens. Like in Argentina with General Jorge Rafael Videla. After the military coup for 7 years he waged a dirty war. Which was to send to prison or disappear (kill) everyone who was against. The International Criminal Court a court of last resort for human rights cases that possesses jurisdiction only if 1. The accused is a national of a state party. 2. UN security council has referred the case to the prosecutor 3. the crime took place on the territory of a state party ICC established in 1998 and in 2002 was officialized by 60 states now in 2020 123 states are parties. It's a last resort court and can only function if a national judicial authority has investigated or prosecuted the case. Only when a state will not or cannot act itself. there's no many cases but that doesnt mean its ineffective The most effective way is if there's no need at all to hear any cases but that's impossible. Does it make any difference ? can deter at least evident violations in some circumstances. RATIFICATION + PROSECUTION = reduce state sponsored violence and reduce rebel group abuses. So it can deter at least on the margin. It is not completely positive because it can also prolong killing and the strife if prosecution (change ) have low chances. if leaders can face arrest or problems it will also have more probability of going further than normally it would if no menace. It is controversial because it is supposed to pursue possible crimes against humanity but choose which one they will and not pursue. Africa is unhappy it always happens on their ground, when there's violations everywhere else.They threaten to withdraw. Is it racism ? or willingness by the court to proceed in regions where they are not involved. USA also critical because Clinton signed to participate in negotiations but America doesn't wish and shortly after Bush unsigned Many objections because they have a fear in politics and military areas and want to protect the security of the state. The us has a special role of peace and security (at the international ) but anti-Americanism countries fear a string of political changes in ICC where leaders are tried because of disagreement over policies. there is also concerns that Fear of political changes may hold back current actions Although the US can avoid ICC charges by investigations/charges or changes under its own national law , ICC is ambiguous in what is national level. ICC is accountable and lacks oversight mechanisms. ICC has too much power to interpret imprecise laws and opponents concerned because of that. ICC may escape political control and develop independence. International Human rights cases law + withdrawal = thin without adequate guidance from state parties no guidance = can make international law itself ICC, given its prosecutorial and judicial independence, might clash with the more political and problem solving approach of the UN Security Council. while diplomacy = flexible + aware of context + judicial proceedings may conflict with the Security Council in charge to make peace and security. example: In 2002 Bush worked to free American nationals from court jurisdiction. Article 98 agreements that were forced onto countries. Article 98 in ICC : exempts a country from handing over a foreign national to the court if it is prohibited from doing so by a bilateral agreement with the national’s country of origin.  Under Bush = over 100 countries signed under threat of losing American protection. Despite the threat some countries still did not sign. Obama softened the law, it did not move toward becoming a state party and accepting part jurisdiction. Trump ignored but at the end authorized sanctions against ICC employees who investigated US and allied troops. This was apparently a move to protect US sovereignty. The sanctions drew widespread condemnation from International community, especially from Europe since it can damage the court's legitimacy and its ability to carry independent investigations. Homework Questions Ch. 12 532-533, 556-558 What are economic sanctions? An economic sanction is when a state sanctions another state through trade or finance in order to change its policies and behavior. what effects did sanctions imposed on Iraq imposed after the 1991 Persian Gulf War have on that society? 1991 Gulf War led to a significant increase in infant mortality and failed to improve the population’s situation, despite that being the intended goal. The country experienced widespread malnutrition, severe health issues, and mass poverty. The regime of Saddam Hussein remained in power, meaning the sanctions did not achieve their political aim. Society and sectarian divisions remained intact and even worsened. International criticism grew, especially following Madeleine Albright’s controversial statement that the deaths of 500,000 children due to sanctions were "worth it." Meanwhile, Iraqis became increasingly disillusioned with both their own government and the international community. What are “smart sanctions”? A smart sanction is a sanction aimed solely at targeting the elites. However, it is very difficult not to affect the population at all. When does the International Criminal Court have jurisdiction to try an individual? For the ICC to try an individual, there must be an accusation made by a state concerning human rights, the case must occur in a country that is a member of the State Parties, or the UN Security Council must have referred the case to the prosecutor. Is there any evidence that the ICC is effective? it is effective because it can deter at least evident violations in some circumstances. It may not prevent all atrocities but it can prevent future violations in some cases if the perpetrators fear the prosecution.  Is there any evidence that ICC involvement in conflicts can be counterproductive? Yes, there is evidence, such as when the ICC tends to focus on regions where it faces less resistance, or in cases where accusations of bias or racism are raised. Why is the ICC controversial? It is controversial because it is supposed to pursue possible crimes against humanity but choose which one they will and not pursue. Why has the US objected to the ICC? How has the US tried to secure its citizens against ICC prosecutions? In 2002, the Bush administration worked to protect American nationals from ICC jurisdiction by pushing for Article 98 agreements. These agreements allowed countries to exempt U.S. citizens from being handed over to the ICC if they had a bilateral agreement with the U.S. Over 100 countries signed these agreements, often under threat of losing American protection. FLS Ch. 5 234-235 What is “armed humanitarian intervention”? Why is it controversial? Armed humanitarian intervention refers to the use of military force by one or more countries to protect civilians from serious human rights abuses, like genocide or war crimes, in another country. It is typically done without the consent of the government in the affected country. It is controversial because: 1. Sovereignty: It can violate a country's sovereignty, as it involves external forces interfering in domestic affairs. 2. Abuse of power: Some argue it can be misused for political or strategic gain under the guise of humanitarian concern. 3. Effectiveness: It may escalate violence or create unintended consequences, like worsening the conflict or harming civilians. November 11 pages 309-311 and 358-360 What's so good about trade ? Countries trade because of benefits of specialization Specialization = division of labor idea of Adam Smith in The Wealth of Nations argued against Mercantilism. in this idea specialization is more productive and productivity will increase economic growth It also requires access to large markets.  ⬇️ market size = important size = slow economic growth ( because of higher restriction) Thus, you will have to produce everything that you need alone. size ⬆️= can specialize in what you do best, but need a big market division of task = gain in trade for everyone; specialize in what the country did best conclusion = specialization leads to economic gains based on trade. comparative advantage = core concept of trade the ability of a country or firm to produce a particular good or service more efficiency than it can produce other goods or services By doing so, it can earn as much as possible in order to pay to import the best products of other countries. DO WHAT THEY DO BEST NOT BETTER THAN EVERYONE produce what is more profitable for them. IT IS NOT NECESSARY FOR A COUNTRY TO HAVE AN ABSOLUTE ADVANTAGE absolute advantage = the ability of a country to produce more of a good than other countries can produce with the same amount of effort it is necessary for a comparative advantage instead has complications of free trade. a country gains in following comparative advantage with other nations in what they are not advantageous alone. Trade protection is harmful for the economy as a whole. Government policies that keep out imports force the country to produce the goods that are not to ⬆️ its comparative advantage. Trade protection = price of imports and reduce productivity of domestic production if countries follow the principles of comparative advantage = remove trade barriers and implement free trade. and trade policy = cooperative. ALL COUNTRIES GAIN WHEN FROM ELIMINATING OBSTACLES TO INTERNATIONAL TRADE. Policy makers vision = exports create jobs imports bad take jobs The government SHOULD stimulate the national economy by restricting imports and encouraging exports. = NEO-MERCANTILISM neo-mercantilism = a belief that national economic policy should encourage exports and discourage imports and country should aim to run a trade surplus.Politicans used this argument to justify raising barriers to foreign imports. economic logic vision = opposite of this imports is gain and exports are costs free trade lead to comparative advantage and is the best policy for economics even if it is pursued unilaterally countries should undertrade open trade policies regardless of what other countries do. COMPARATIVE ADVANTAGE AND THE POLITICAL ECONOMY OF TRADE ECONOMISTS GENERALLY AGREE THAT INTERNATIONAL TRADE IS GOOD FOR THE WELFARE OF SOCIETIES. Comparative advantage all countries benefit from trade if each country specializes in the production of certain goods.  ECONOMIST DAVID RICARDO thinks countries should focus on products that can produce the most efficient. A country has an absolute advantage if it can produce goods more efficiently than any country can. all countries have a comparative advantage in something. Value that a country forgoes in order to make one product rather than another. (cost of production ) The 2 countries together = benefits and win money/time if the 2 countries alone = does not benefit and take more time and money because they have to make everything on their own. The increase in aggregate welfare occurs even though England does not have an absolute advantage in the production of either good. cost in man hour cloth and wine england 15 30 portugal 10 15 or opportunity of cost of production cloth wine england ½ 2 portugal ⅔ 1½ Homework Question what is the main benefit of trade and specialization? The main benefit of specialization is that it increase productivity and increase in productivity increase the economic growth of each countries. what was Adam Smith’s view of trade? Adam smith was against neo-mercantilism with liberals in his writings and promoted instead specialization. what is absolute advantage? It is not necessary for a country to have one,only need to have comparative advantage. what is comparative advantage? A comparative advantage is when a country will specialize in what it does best and will trade with other countries for other. what trade policy would a government completely committed to the concept of comparative advantage adopt? In cooperative they would remove trade barriers and implement free trade what is neo-mercantilism? Neo-mercantilism is something since colonial empire where they promote to stay inside (exports rather than imports) what is the opportunity cost of production? ???? imagine two countries that can produce trains or planes. The table below represents the total amount of each good that each country can produce if it uses all of its inputs (labour etc.) to produce only that good Assuming that Canada and France have the same amount of inputs each… which country has an absolute advantage in the production of trains?  france since it can produce more with the same energy/ time which country has an absolute advantage in the production of planes? france for the same reason Try your best to calculate the following (note: the answers may be fractions): how many planes does Canada have to give up making in order to make one train? 1/10 how many trains does Canada have to give up making in order to make one plane? 10 how many planes does France have to give up making in order to make one train? 1/2 how many trains does France have to give up making in order to make one plane? 2 which country has to give up fewer planes in order to make a train? Canada which country has to give up fewer trains in order to make a plane? France November 13 Trade Restrictions Are the Rule, Not the Exception every country currently has at least some restrictions on trade with the rest of the world some countries has high barriers others lowe barriers government policies = control and contain trade are the norm today Protectionism = the imposition of barriers to restrict imports and is the most common government policies most rich countries were extremely protectionist all government restrict at least some imports WIDE VARIETY OF TRADE BARRIERS EXIST trade barriers = government limitations on the international exchange of goods.Discriminate against ➡️ foreign goods. most common trade barrier tariff tariff = a tax imposed on imports. protect against foreign competition aa consumer of the imported good has to pay more for it quantitative restriction (quota ) = a limit placed on the amount of a particular good that is allowed to be imposed and sold domestically reduced quantity of the good can increase the price domestically, same effect as tariffs many nontariff barriers to trade = obstacles to imports other than tariffs help the domestic producers from foreign competition BEFORE MOST EUROPEANS FOLLOWED MERCANTILISM USE OF MILITARY TO CONTROL TRADE FROM THEIR COLONIAL POSSESSIONS they kept foreign good out of their markets and kept their markets for themselves after a while the industrialization opened the direction of trade to liberalization which involved less restrictions to trade UK adopted free trade ; foreign countries can sell to UKwithout paying taxes or restriction international trade was quite free US had the highest trade barriers because of free trade = grew rapidly WW1 brought closure and effort to rebuild this trust was unsuccessful especially because of the great depression divided in trading blocs  after WW2 americans reduced trade barriers communists protected themselves against world markets while most of the world liberalized the trade reduction of trade barriers remained controversial eventually communists joined MERCANTILISM GAVE ITS WAY TO FREER TRADE TO INTERWAR AND THEN TO LIBERALIZATION US traded with other countries more and more developing nations were very closed but opened their trade dramatically today it's not restricted among 27 countries in europe ➡️ all countries have differences among their policies in different goods mostly developed countries agricultural producers > manufacturers developing nation = opposite US and most countries protect steel industry more than any others countries want freer trade but impose restrictions on many goods WHY DO GOVERNMENTS RESTRICT TRADE? THE DOMESTIC POLITICAL ECONOMY OF PROTECTION MOST ECONOMISTS THINK THAT BARRIERS TO TRADE REDUCE NATIONAL WELL-BEING MOST PEOPLE THINK THE OPPOSITE americans favor trade protection in most developed countries hostility to international trade has risen most trade barriers = domestic concerns WILLIAM MCKNLEY protectionist said that tariff was a domestic bill TRADE POLICY REACH PUBLIC CONSCIOUSNESS WHEN SOME NATIONAL PRODUCERS COMPLAIN there's benefits and costs to trade barriers all tools to trade protection make imports more expensive when tariffs are imposed american can expand sales at higher prices trade barriers help national producers consumers of the protected good are the first to bear the cost of barriers because it raises the value ⬆️ and increases the price of good ⬇️ producers consumer from the protection redistributive effect = from domestic consumers to the domestic industry trade barriers introduce economic inefficiencies because force producers to create more good that they are not the best at make consumers consume less because it is artificially expensive allocation of domestic resources is not to the comparative advantage country will make something not easy to make for them instead of doing something that will help them Winners and Losers in International Trade domestic politics of trade has winners and losers because of the protectionist policies and debates winners/losers = principal actors in debate of trade policies Domestic industries protected by trade barriers receive benefits because they have less competitions 3 groups that lose  1) consumers of the imported good can be industries trump tariffs 2) exporters because it can provoke retaliation in foreign markets farmers opposed trump administration imposed on china because it can do the same back as a response 3) citizens especially if it is clear soviet bloc blamed gov. most developing countries favor free trade because it reduce the price consumers support free trade explain why they become most democratic diverse interest that compete with imports = controversial beyond economy also nationalism = why buy from foreigners ? homework question what is protectionism? the imposition of barriers to restrict imports what are tariffs a tax imposed on imports. protect against foreign competition aa consumer of the imported good has to pay more for it what are non-tariff barriers? obstacles to imports other than tariffs help the domestic producers from foreign competition what was mercantilism? USE OF MILITARY TO CONTROL TRADE FROM THEIR COLONIAL POSSESSIONS what is trade liberalization? reduction of trade barriers what was the impact of World War I and the Great Depression on international trade? enclosed it which country led international efforts for freer trade after World War II? USA what has been the trend in international trade after World War II? to be more liberalized ??? among developed countries, which types of goods tend to be more heavily protected by tariffs, agricultural goods or manufactured goods? the steel but the agricultural goods are more important than manufactured how do popular attitudes (in the US) towards trade differ from the views of professional economists? americans think that trade barriers is important and that it help the national well-being of the country, the economists think totally the opposite what impact do trade barriers have on the costs of imported goods? how do they impact national producers of the those of goods?how do they impact consumers of those goods? Trade barriers like tariffs and quotas increase the price of imported goods by adding extra costs. National producers may benefit from reduced competition and higher demand for local goods but could face higher production costs if they rely on imported materials. Consumers face higher prices and fewer choices as the cost of imports rises and competition decreases.  which actors in society tend to favour protectionism? which actors tend to oppose it? favor = Domestic industries protected by trade barriers receive benefits because they have less competitions oppose = citizens, exporters and consumers November 18 and 20 How Do Countries Get What They Want ? The International Political Economy of Trade depend on international environment can pursue an unilateral trade policy but it depends on the actions of others international economic conditions = great impact on the policies of a country and potential effects collapse of the rapid expansion of the world economy gave motivation to link their economies to dynamic world markets 2008 was protectionism instead policies can have an enormous impact for example the opening of china to world trade which can affect other countries Strategic Interaction in International Trade Relations When a country create policies they think about the potential reaction of the other countries a government that increased tariffs dramatically might find that countries will answer with an even higher barrier to the exports so that imports might be canceled out by exporters frozen by foreign markets. US raise of tariffs of steel China raise of tariffs on agriculture show china retaliatory tariffs attempts to create regional trading areas or international commerce order. a government cannot achieve many goals without considering the other response 2 or more governments are involved in bargaining over trade policy, are engaged in strategic interaction and must anticipate the behavior of the other government. american have better goods to have access to european markets europeans agree because americans reduced trading barrier but one of them or both can still keep an indirect barrier such as by imposing regulations that only applies to them because of their potential threat they will not take the chance and will be worse off than if they had agreed similar to prisoner dilemma : both side will benefit from accepting but are too afraid the other will cheat so they take the non cooperative option common in trade relations logic of comparative advantage = countries will maximize their overall economic welfare by liberalizing trade government respond to pressure more than economy as a whole because that first choice will always be to not remove the trade barriers but will wait for the other one to do it first. IT CAN BE DIFFICULT FOR POLITICAL ACTORS TO ARRIVE AT A MUTUALLY BENEFICIAL ACCORD WHEN THERE IS NO WAY TO GUARANTEE COOPERATION FROM BOTH PARTIES As in military matter, if one do not respect the agreement or there's doubt, there can be break of trust and incapability to cooperate. strategic problems rise when countries share common problem commonly arise when they accuse each other of unfairly subsidizing its exports dumpling is widely accepted to be an unfair trading practice  Government subsidies to exporters encounter widespread disapproval from other countries. there may be serious disagreements about the standards that should be used in trading relations. Longest dispute was canada and us us accuse canada because of wood price canada reject wanted to keep cooperative relation Overcoming Problems of Strategic Interaction many factors affect international trade small numbers = easier to monitor each other and less free riding theory of hegemonic stability single power that solve problems of collective action and free riding economic affairs = has facilitated the trade liberalization most likely to succeed at liberalizing trade this explain why so many agreements are made through EU easier to negotiate (canada and us) and reach compromise agreement information = important because if they lack information about the state it will have fear of hidden action government might use its superior knowledge to take advantage of other governments transparency may lead may lead to trade cooperation trading partners may facilitate cooperative relations by finding ways to provide information to one another. repeated interaction = reason to avoid cheating more discipline more efforts in cooperation more likely when the trading relationship is indefinite trust even higher linking = associate trade barriers with other industries exchange can benefit government and citizens all these can explain why so friendly bilateral or regional trade agreements are more likely to happen among a small number of members where 1) information 2) history with them 3) linked to other economic or noneconomic relations also can not work when there is concern for the short term and the absence of a dense network of other relationships among these major powers. because it is so difficult, the creation of international institutions are here to help overcome the variety of collective action and other strategic problems that have beset international trade relations. most powerful tool when the states are in conflict homework questions Reduce tariffs on goods from State B and Reduce tariffs on goods from State A = ⬆️ for both ⬆️ ⬇️ Keep tariffs high on goods from State B and Reduce tariffs on goods from State A B= A= ⬆️ ⬇️ Reduce tariffs on goods from State B and Keep tariffs on goods from State A high A= B= ⬇️ Keep tariffs high on goods from State B and Keep tariffs on goods from State A high Not the best option for both.  What factors can help states overcome problems of cooperation in the realm of international trade? international organizations like EU or WTO International Institutions and Trade Policy international organizations set standards of behavior that governments are expected to follow. They can can help governments resolve disputes bt gathering information to assist member state in their agreement repeating interaction between members can retrain defection reducing cost of making joint decisions INSTITUTIONAL ARRANGEMENTS to facilitate trade negotiations reciprocity : in international trade relations, a mutual agreement to lower tariffs and other barriers to trade. Arrangement for one government to exchange trade policy concessions with another. It is a sort of linkage politics that helps bind agreements. most-favored-nation (MFN) status : trade agreements guaranteeing that the signatories will extend to each other any favorable trading terms offered in agreements with third parties. ( agree to extend to each other the same concessions that they provide to all other nations with that status) serves to link negotiations between 2 countries to all their multilateral trade relations. THE WORLD TRADE ORGANIZATION to encourage the expansion of an open international trading system they are both very similar GATT or General Agreement on Tariffs and Trade : original Bretton Woods institutions and its dramatic liberalization of trade relations. Committed to reducing barriers to trade and providing similar trading conditions to all others members. It somewhat lost its structure because almost all countries were joining. WTO or World Trade Organization : replace GATT and to govern international trade relations. It encourages and polices the multilateral reduction of barriers to trade, and it oversees the resolution of trade disputes. More structured, more formal, more encompassing. the most important institution in the realm of commercial relations BOTH VERY SUCCESSFUL IN THEIR GOAL TO REDUCE BARRIERS their achievement : to arrange a series of rounds during which member states negotiate multilateral reductions in trade barriers. Negotiations take place : under a loose rule of peace that balances the dollar value of compromise automatically extended to all other member state under the MFN rule other rules for when countries can use protection to defend the domestic industries. the WTO members : all members “equal “ and right to vote. However, the largest trading members have more power in negotiation. US, EU, Japan, China their power comes because they can have outside options. They can live without the WTO. Developing countries are more difficult, this is why they have less voices. They are dependent on the WTO. China's economic strength is a powerful ally for nations with less developed economies, because it can authorize itself to go alone and it shares interest with developing countries. Doha Round : In Doha Qatar , WTO negotiations developing nations accused the rich countries of ignoring their worries Their main demand was to liberalize agriculture because it will hugely help them to have access to their food market. it was blocked by rich farmers  developed countries cared more about finance and telecommunication and stricter rules to protect intellectual property.It failed the it was declared DOHA ROUND DEAD China became a powerful member of WTO after some negotiations china promised to change its economy and trade policies it did not happen because the structure of the country’s economy is challenging to WTO rules Dumping = when a company exports a product at a price lower than the price it normally charges in its own home market. what makes difficult for china is that prices are not determined by the market force but by the government The strong powers are making comparison with other countries to help determine if china is dumping WTO not perfect : disappointment and unequal power among countries Most WTO members also accept that it facilitates cooperation because the standards of behavior and the compliance of the decision making can resolve potential disputes. Gives a great deal of information about trade and policies and it monitors agreements. WTO monitors the submission in 2 ways : 1) must report actions they have taken to restrict trade as well as any regional trade agreements they may enter into 2) countries that believe that foreign exports and imports are not respected with the rules of various regional trade agreements can file a complaint with the WTO COMPLAINTS = the dispute settlement body, composed of all members appoints a panel of investigation about the violation becoming a ruling in 60 days Canada and USA example : 2017 most recent agreement about softwood lumber expired US imposes tariff on canadian lumber because accuses canada of dumping Canada filed complaint to WTO and claiming it was not dumping WTO ACCUSED US OF BREACHING GLOBAL TRADING RULES washington couldn't prove that canada was artificially low prices for timber on government owned lands panel asked US to remove tariff The US usually listens to the WTO because it wants the same obedience back. Under Trump it is different.If US still refuses, WTO doesn't have much power. The WTO may allow Canada to take action against the US. Normally it appeals to WTO panel rules. They can appeal but not block the ruling. It is defunct because Trump refused to assign new members and Biden continued. They still did not do anything about the Canadian problem. Trump is highly critical about organizations and how it helps the country.Trump refused to appoint new members to the Appellate Body and has stopped the WTO ability to intervene. Some countries also do not like the WTO Appellate Body but condemn Trump's tactics. It can threaten to unravel and undermine the whole system of trade rules and the gains from trade. THIS FEAR LED MANY COUNTRIES TO UNITE AND CREATE A PROVISIONAL ALTERNATIVE FOR SETTLING DISPUTES. China's participation in this proves the willingness to support a continuation of the multilateral trading system. REGIONAL TRADE AGREEMENTS Progress in achieving further liberalization = many other reaction of institution at the regional level RTA = agreement among 3+ countries to lower barriers to trade among themselves. grew rapidly most popular = EU started 6 countries now 27 USMCA or formerly NAFTA american US canada and mexico  origins wanted to add argentina brazil paraguay and uruguay many with varying sizes many bilateral and some dozens of countries OBSERVERS SAY… THOSE STRUCTURE CAN BE POSITIVE BECAUSE IT HELPS COUNTRIES MEDIATE OR AVOID DECISIVE TRADE-POLICY CONFLICTS CAN BE NEGATIVE BECAUSE IT CAN LIMIT COUNTRIES TRADE WITH NON MEMBERS. SUCH INSTITUTIONS ARE COMPLEMENTARY TO THE WTO To states = facilitate cooperation among governments on trade policy governments can cooperate for purposes that leave some consumers, workers or business worse antiglobalization critics that WTO is too pro-business because it focuses on international corporations over other interests rules may be biased because they ignore things like health, environment, social politics, labor it only focuses on trade CONCLUSION People like Trump can be against it because it does not serve its interest but mostly people think cooperation among governments is preferable to conflict among them and also that international institutions of trade contribute to this cooperation. Homework Questions what is “most-favored nation status”? what is the purpose of the WTO? what happens at GATT/WTO “rounds”? which countries tend to dominate negotiations at the WTO and why? why have conflicts between developed and developing countries pervaded the latest series of WTO negotiations? how does the WTO monitor the compliance of its members? how does dispute settlement work at the WTO? how are WTO rulings enforced? NOV 25 PAGES 460-467 NOV 27 PAGES 467-472 HOW DO RICH COUNTRIES AFFECT THE DEVELOPING WORLD ? Interests/ interactions / institutions responsible for some current problems of poor countries The rich and poor share common interests, but they also have conflicts of interests among themselves. economic growth of poor countries benefit both parties rich countries = invest/ sell to poor countries poor countries = capital / technology / expertise LDC’s exports provide cheap goods for industrial country consumers while making money for their exporters rich countries bank = eager to make loans to poor countries because they are more willing to pay higher interest rates expand investment opportunities markets for rich country business =  cooperation All countries common interests in the successful management of international economic affairs developed and developing countries benefit in : well-functioning international trading financial monetary system IN GENERAL COUNTRIES DON’T WISH TO GAIN FROM A BREAKDOWN OF ONE COUNTRY INTERNATIONAL COLLABORATION IS GENERALLY IN THE INTEREST OF ALL COUNTRIES MOST ORGANIZATIONS HAVE RICH AND POOR COUNTRIES AS MEMBERS Interest may also clash cooperation exist with disagreement multinational mining company have common interest in getting minerals out of the ground and to market likely to disagree about the division of the profits LDC companies may appreciate being able to borrow from international banks