IL TRANSCIPT.pdf

INTRODUCTION TO INTERNATIONAL LAW ILS1211 FA3 QUIZ: Modules 1-3 MODULE 1 - INTRODUCTION TO IL 2 What is international law? It is important to compare both IR and IL...

INTRODUCTION TO INTERNATIONAL LAW ILS1211 FA3 QUIZ: Modules 1-3 MODULE 1 - INTRODUCTION TO IL 2 What is international law? It is important to compare both IR and IL Law that regulates relations between states While IL is something that is part of IR, it is a discipline in itself Two important aspects of a definition of IL: Both have overlapping areas but are distinct within 1) Regulation ★ Characteristic of any law 1 Introduction ★ Goal of laws is to regulate actions of entities Establish connection between IR and IL ○ Domestic law = individuals Cynics view of international law ○ Corporate law = corporations ○ Cynic - doubtful/critical ○ IL = acts of states ○ IL is naive to use or study because it is a tool of ★ 2 aspects: manipulation for those in power to get what they want 1) Prescriptive - telling you what to do Rebuttal: continuity of IL implies that there is more (medical prescriptions) to it than simply being used by those in power Laws in general are prescriptive. When things simply benefit the few, it tends to be They tell us what we must do. abandoned for something that will benefit more 2) Proscriptive - telling us what not to do people (prohibitions) Continuity of IL – how it has evolved – is a *10 commandments as both prescriptive and proscriptive. testament of its benefit to international community Criticisms against laws in general: Ex: victors of WWII had the privilege of setting the Filipinos tend to look at laws as simply meant to be broken = landscape to how they want it to be (IO we have looking from proscriptive aspect today essentially espouse their values (capitalism, ○ We criticize laws because we see that they are not trade, stable financial system, democracy) followed IL is still evolving today because it benefits the ○ We overlook that we should also measure laws based international system on prescriptive ○ We have laws that provide procedures/steps  ○ Public international law = what we study, Laws espouse these prescriptions = it benefits involves states (interstate) society Also regulates forms of relationships We know what to do if someone steals from you, that states agree to regulate laws provide steps on what to do internationally Do not lose faith in law just because we focus on instances Conduct of actors when its broken Private entities can be subjects (ex: There are more people inclined to follow then break them international aviation, international 2) Distinction from other types of laws human rights law = bc Also called as public international law to delineate interstate/national treaties make it from domestic law and conflict of laws (private these possible) international law) State govt tend to be at the ○ Domestic law - legal entities within a top (in hierarchy of IR, there specific state/jurisdiction is no entity more powerful natural/legal persons than state = what makes intl What is applied is determined by system anarchic legislation of that country Ex: International aviation = IL benefits aviation industry ○ Private international law - entities from Intl trip → baggage security check (only at airport of departure) different jurisdictions Security protocols are standardized in civil aviation industry Natural/legal persons from more All countries have own civil aviation authority, minimum than 1 country (relationships bet. requirement is for them to comply to the standards Companies in 2 different Works on the level of trust (nakadaan ka sa airport = safe) countries/parents from different Made possible because of international law/agreements countries over the custody of ○ Signed by all countries na ganito ang protocols natin In terms of security, its standardized children) For the benefit of individuals Courts decide which country’s law Always updated (ex: more strict after 9/11 attack) to apply Strictest = when crossing borders Grew bc of increasing number and Customs check (in case may di ka dineclare (taxable)) resources of MNCs ○ For tax, health (fruits with seeds → pests), illegal substance not drugs (narcotics/alcohol/nicotine, food Transcript Module 1-3: page 2  Also political (mayayaman yung nagkakalat sila rin 3 Different areas of contemporary IL (Box 1.2) yung most powerful actors so ayaw ng regulation) Areas are also discussed in IR ○ Development, Climate change, Extradition, intellectual 4 Relationship between IL and IR property, airspace IL like IR, is expanding the areas involved = Just about time that IL 3 questions to underscore the relationship: will include outer space 1) Are IR and IL two separate disciplines or are they different ○ Expansion of IL is to be celebrate about (milestone) approaches within a single discipline? Something becoming a law = it has become 2) How does the knowledge produced in IR and IL overlap, institutionalized (protected by law = society has conflict, and co-depend? moved forward/majority of cities have 3) At what point and in what way does IL enter into IR acknowledged the issue) research? Ex: activists/advocacies in the PH ○ SOGIE, RH bill, A Separate disciplines? ○ Biodiversity, climate change, indigenous and minority They are separate but overlapping rights ○ Disciplines = collection of a number of ground rules on Airspace (aviation) how a subject matter is identified ○ Calls for international community to create international Overlap in international phenomena (what they study) laws involving space exploration (space missions → IR or IL lens to answer questions about international phenomena space debris (kalat from rockets - chambers of oil ○ Normative branches of IR aim to identify what duties, discarded for speed) right, and obligations states have towards each other, How populated Earth’s orbit has become (captured individuals or groups and what principles would govern by earth’s gravity) international institutions and interactions Most from China (satellites, tests), US, India There are two central independent variable that determine the ○ Danger of space debris nature of the relationship between IR and IL: Damage orbiting satellites (incl. International space ○ Independent variable - stand alone/not affected, they station (ISS)) influence the dependent variable Moving (not stable) at high speed = may crash into reasons (they affect the relationship between IR satellites (affect GPS) and IL = the relationship is dependent on the ○ Intl community wants regulation reasons) Transcript Module 1-3: page 3  The relationship of IR and IL depend on the B How does knowledge overlap, conflict, co-depend? motivation for asking the question Ano bang goal mo? There are 4 different types of knowledge: ○ To explain and understand actions 1) Factual knowledge ○ Identify whether it is legal/illegal Knowing something is the case ○ If both = clear connection between Critical in both IR and IL IR and IL Ex of factual statement: “the UN protects HR” ○ If just to explain reason of action of ○ IR lens = looking at states that advocate HR a state = IR in UN, UN as an independent body ○ If trying to answer legality = IL (peacekeeping missions) In IR, arguments tend to hold stronger if ○ IL lens = articles, its organs (legal anchored by legal arguments (although foundation of actions - acting based on legal side may be inadequate to Charter) understand legal actions) 2) Empirical knowledge ○ Ex: why Japan helped PH Comes in qualitative/quantitative ways Il = UN Empirical - observable, based on experience IR = history, relationship ○ Vs theories & logic 1) Reasons motivating the asking of a question (approach) ○ Used in scientific experiments 2) Reasons motivating the selection of procedures in order to ○ Data observed using senses (to see is to answer a question (methodology) believe - ‘actually’ see it) Another variable that determines the relationship bet. IR and IL = Both IR and IL generate empirical knowledge approach ○ By looking at actual cases (events that ○ Ano ba yung gusto mo gamitin approach/methodology? happened, observable) ○ IR and IL will contextualize to come up with Final verdict: empirical knowledge IR and IL concerned with same phenomena but different How connected they are depends on the approaches and Ex: sovereignty → cases methodologies used 3) Conceptual knowledge Sometimes in conflict, sometimes complementary Understanding the very concepts that are used to ground a systematic inquiry Vs empirical Transcript Module 1-3: page 4  ○ Foundations of systematic inquiry ○ IL = legal consequences (blow to state ○ These are ideas/concepts sovereignty), legality, exemption, when can State, consent, war, etc. it declare independence Conceptual and empirical always go hand in hand Lens ○ IR combination of both ○ Eyeglass of a researcher ○ Talk about concept + examples, evidence ○ Can change depending on what you want it ○ Ex: state to be (realism, liberalism, IL eyeglass, etc.) IR = westphalian state system ○ Why study? (sovereignty) Theories explain the world IL = treaties If something happens, theories can explain it 4) Normative knowledge Limit what you see based on your Produced in IR and IL chosen lens What state of affairs ought to be (should be) Can help a researcher narrow his Legitimacy view (filters out not included) ○ Normative dimension = what are the IL is like this → you can explain standards to be legitimate actions of two states ○ IR = dynamics Legal action = IL (legal side) ○ IL = more technical, evaluative standards Friends = IR (dapat may ganito) Entry point of IL into IR = explains what is happening, and in doing so, it intersects with IR C How does knowledge overlap, conflict, co-depend? 2) Systemic view 2 views Argument about he value of IL knowledge to better 1) Practical view (single event lens) understand the international system, how different Provide practical insight into assigning meaning to parts of the system fit together, and what the the events in everyday IA affairs bigger picture of International affairs looks like Ex: how should we approach the declarations of Two ways IL enters system wide debates: independence of East Timor and Kosovo? 1) Idealist approach - Il can represent ideals of the system ○ IR = sovereignty Peaceful coexistence, effective cooperation Look at the evolution of the different areas of IL Transcript Module 1-3: page 5  ○ Main goal = promote peaceful coexistence B IL studied to understand of operation of IOs + institutions ○ War should be last resort ○ Discuss with UN muna How does IL explain peacekeeping missions? ○ Represent ideal of the entire system ○ Security council (exercising its right, doing responsibility) ○ Agreements, organizations = cooperation ○ All IOs and institutions are created in line with IL (charter) Bretton woods, ASEAN, WTO ○ To understand an IL = look at legal aspect (mandates of IO) IL is a reflection of the system/environment ○ WTO ○ Ex: houserules Heavily criticized because it has lost its ○ Look at the laws = can tell ideals of system effectiveness (haven't passed a multilateral ○ IR is not just about anarchy agreement in 20 yrs - applies to all member states) 2) Constitutive approach - Il may represent background Has meetings every 3 years values of international politics Consensus basis to reach agreement Not only the system but politics in general For smallest and poorest has a say Political ideas are embedded in IL Can be a disadvantage (used to be strength) How actors conduct international politics To change = must change legal foundation Ideal is not always congruent with practice Do bilateralism/regionalism due to difficulty in consensus Multilateralism is preferable because no exclusion 5 Why study IL? (6 reasons) Now promotes plurilateral Agreements applicable to signatories only A IL can be appealed to when developing views within IR ex: trade facilitation (all to improve trade Il can essentially help us in developing views in IR facilities) ○ Il can help advance argument (liberalism → treaties) C IL can be studied to understand history of interstate practice Democracy (democratic peace theory), trade (economic activities = keep people occupied with Il gives idea about acceptable basis of interstate cooperation and economy to keep them out of war bc it is how states deal with the most pressing issues of their times counter-productive with economy), institutions through IL organizations (neoliberalism) UN vs LON (both for peace, LON = political only, UN = expanded) Transcript Module 1-3: page 6  Rise of agreements concerning global health (WHO, IL can be studied to find out what the distinct IL position is on D yellow passport) any aspect of international affairs ○ Norm life cycle Look at IL to know insights about varying views on a certain topic: For something to be a norm, it has to undergo 1) Subjective view - what any stakeholder thinks the case emergence, cascade, and internalization ★ What they personally think about a case (institutionalization in existing laws) 2) Normative view - what should be the best position to be adopted IL = worth studying bc it is a site where we can engage with both F ★ Hindi dapat ganyan (it's not what its ought to be) ideas and practice about international affairs ★ Rules of war Looking at IL = simply it into compliance and violations 3) IL view - what would be the correct conduct/outcome in IL What we study = translated into practice ★ What are the consequences of this? Il tends to be a priority of experts ★ Accountable? Main weakness = enforcement (who to enforce? Who violates? In IR, you can always raise an IL question states.) ○ Problem = states @ top IL can be studied with purpose of understanding power of its E norms and rise and fall of international legal frameworks IL is not different from domestic laws. Assess extent to which the norms embedded in IL guide and Laws in general are idealistic and practical control state behavior Concepts = idealistic Ex: ICC (rise and fall) When translated into laws, it becomes practical ○ Represents peace, justice Laws are created because they are expected to be followed. ○ Aims to investigate individuals committing crimes against the international community Enforcement is where domestic and IL differs. Local = government to enforce Duterte withdrew, Putin (legal expectations not IL = who? followed) Norm of ICC upholds = challenged, starting its fall See rise and fall of norms by looking at compliance, enforcement of IL ○ Certain laws have grown over the years (timeliness) Rise of environmental regime (paris agreement) Transcript Module 1-3: page 7 MODULE 2 - INTERNATIONAL TREATIES ○ States signed/agreed on them 1 Introduction International agreements do not always need to be in written form in order to be a treaty. (does not need a glamorous signing) Why is it important to understand terminologies? Exclusions: 1) International political and legal work 1) Agreements between states and private individuals or 2) Predictability corporations IR students would benefit from knowing about IL nomenclatures 2) Agreements that states have decided that should not be governed by IL because the officials they are studying are involved in international political and legal work. If we understand IL, we are able to predict and explain phenomena. 2 Why do states make treaties? Treaty - agreement between states 1) Facilitate international cooperation ○ Agreements governed by international law and concluded States have good reason to value primarily between states One common area of cooperation = trade ○ Legally binding and parties to an international treaty are ○ For economic activity to proceed smoothly, there able to hold each other accountable for breaches must be rules, processes, and protocols in place. 2 types of treaties/relations: ○ WTO: one of the very few areas where states are 1) Bilateral - between 2 states all on-board is trade facilitation 2) Multilateral - more than 2 states ○ Trade facilitation - processes that can make trade easier and smoother. Other words used in place of a treaty: Beneficial to all Conventions, covenants, protocols, declarations, joint statements Concrete provisions: *Declarations and joint statements are usually the outcome of improving customs procedures international negotiations and conferences (goods sold faster) ➔ WTO joint statements on specific outcomes of a upgrade/build ports (less time for negotiation (process of drafting a statement is transportation of cargo ship) laborious → one word = 6 hours → resolutions) Lessen bureaucratic processes in ➔ Ex: arms control conventions, biological weapons, import and export chemical weapons, kyoto protocol Outcome = mas mabilis ang trade. Transcript Module 1-3: page 8  UK left EU = challenge of trade facilitation relations agreement Left a whole trading bloc Between 2 countries USA-argentina bilateral treaty on Thousands of kilos of fish wasted - Defense cooperation extradition due to many bureaucratic things (PH-Japan, australia, SK, Mutual defense treaty bet US-PH ○ International trade essentially wants efficiency Vietnam) Mas mabilis trade para di nasasayang resources Defense cooperation defense treaties 2) Secure collective international goods Has provision about activities to More restrictive, more difficult to Treaties are supposed to promote peace and security be conducted sa states secure A type of treaty is one that creates institutions ○ UN charter is an example of an international treaty that led to the creation of UN Military, exchange of personnel, Alliance (req. to rescue ally) intelligence 3 Table 5.1: types of intl treaties Accountability = entry point of treaties type: example: ‘Cooperation by agreement can involve different levels of commitment Institution-building treaties UN charter on the part of consenting states.’ Creates new institutions and Statute of international criminal Generally, states want to cooperate = benefit if they do organizations court NK still has relations with closest allies Constitutive act of the African Cooperation is good but commitment must be institutionalized Union ○ So in case of breach/violation = accountability ○ Ex: marriage (assurance and commitment) Setting multilateral standards of International covenant on civil and conduct political rights Tells states what to do and not What to do to promote and stifle Legally binding - when it comes to IL what will be the punishment/terms to do montreal protocol on substances for the breach are only those stipulated in treaty - 3/more states that deplete the ozone layer Bans CFCs (sets standard = Domestic law - 161:15 prohibit) Regulate reciprocal bilateral Australia-thailand free trade Transcript Module 1-3: page 9 MODULE 3 - CUSTOMARY IL ○ It changes/not static Custom - accepted practice or that is it a practice of ○ Positive aspect because it is able to encompass all areas long-standing of IR ○ Difficult to pinpoint because its changing ○ Foundation of CIL ○ Existence of CIL can rely on a wide range of practices ○ Customs and norms are generally connected ○ Most authoritative What rules govern the formation of CIL? CIL is the most authoritative 1 ○ Stems from it being anchored on customs, norms, and ius The conduct-centered model cogens What counts as CIL? What is needed for something to be a CIL? ○ Ontological foundation vs treaties materialize because of 2 constituent elements of CIL agreements 1) State practice CIL has heavier weight compared to treaties 2) Opinio iuris ○ CIL = everyone agreeing ○ Treaties = 2 or more lang CIL approach to state behavior: 2 CIL is critical as while it is anchored on norms, it also generates state as agents with legal motivations norms Opinio iuris CIL is an attempt to create normative structures and rules to ○ Actions being assessed using an existing point of reference constrain and evaluate the conduct of states such as a law ○ These structures and rules are in themselves drawn from State practice the conduct of states ○ A PARADOX: IOs are supposed to manage relations between states *not all state conduct is practice but at the same time, they are made up of states Box 6.1 - what makes CIL popular despite theoretical controversy? Universal application ○ binding on all states ○ States that did not disagree to CIL in its early stages = also binded to it ○ Silence means yes (silence with acquiescence) Dynamism Transcript Module 1-3: page 10