International Institutions - International Law

LEVELS OF INTERNATIONAL INSTITUTIONS

Constitutional Institutions primary rules and norms of international society, without which society among sovereign states could not exist norm of sovereignty - power and authority are centralised and hierarchical and outside the state no higher authority exists  right to self-determination, non-intervention Fundamental Institutionsfoundation provided by constitutional institutions norms and practices that allow cooperation and coexistence under international anarchy practices of contractual international law and multilateralism 

Issue-specific Institutions - 'regimes' most visible of all international institutions  sets or rules, norms and decision-making procedures that states formulate to define who constitute legitimate actors and actions in international life Nuclear Non-Proliferation Treaty, Framework Convention on Global Climate Change, Ottawa Convention 

KEY POINTS- Order and Institutions

States have strong incentives to free themselves from the insecurities of international anarchy States face common coordination and collaboration problems, yet cooperation remains difficult under anarchy To facilitate cooperation, states create international institutions, of which three levels exist in modern international society: 1). constitutional institutions, 2). fundamental institutions, 3). issue-specific institutionsWe are concerned with fundamental institutions, of which international law is one of the most important 

FEATURES OF INTERNATIONAL LAW

Multilateral Legislation  The principle mechanism modern states employ to 'legislate' international law MULTILATERAL DIPLOMACY - cooperation between 3 or more states based on, or with a view to formulating, reciprocally binding rules or conduct Consent and Legal Obligation States are obliged to observe legal rules because they have consented to those rulesIf a state does not consent to rules it is not bound by themException concerns rules of customary international law

Language and Practice of Justification Modern international law is characterised by a distinctive form or argument, justification or reasoning Practice is both rhetorical and analogical The Discourse of Institutional Autonomy In historical periods political and legal realms have been entwined In the modern era political and legal realms are thought to be radically different view that international politics and law are separate spheres of social action - constitutional separation of powers

KEY POINTS- Modern Institution of IL

Modern international law is a historical artefact, a product of the revolutions in thought and practice that transformed the governance of European states after the French Revolution (1789) Because of historical roots, the modern institution of international law has a number of distinctive characteristics, informed largely by the values of political liberalism The most distinctive characteristics of the modern institution of international law are its multilateral form of legislation, its consent-based form of legal obligation, its language and practice of justification, and its discourse of institutional autonomy 

KEY POINTS- International to supranational?

International law was designed to facilitate international order in key ways; states were the principle subjects and agents of international law, international law was concerned with the regulation of inter-state relations, and the scope of international law was confined to questions of order The quest for global governance is pushing international law into new areas, raising questions about whether international law is transforming into a form of supranational lawIndividuals, and to some extent collectivities, are gradually acquiring rights and responsibilities under international law - criminally responsible for violations Non-governmental actors are becoming increasingly important in the development and codification of international legal normsInternational law is increasingly affecting domestic legal regimes and practices, and the rules of the international legal system are no longer confined to issues of order. As international humanitarian law evolves, issued of global justice are permeating the international legal order

KEY POINTS- The laws of war

Placing limits on the legitimate use of force is one of the key challenges of the international community, and the laws of was have evolved to meet this challenge The laws of war have traditionally been divided into those governing when the use of force if legitimate and how war may be conductedLaws governing when was is legally permitted have changed dramatically over the history of the international system; pre-1945: wage war was a sovereign right, post-1945: was was only justified in self-defence or as part of a UN-mandated international peace enforcement action Laws governing how war may be conducted divide into 3 categories: those governing weaponry, combatants, non-combatants Since 2001 - law governing when war is legally permitted challenged, Bush administration - war on terror 

THEORETICAL APPROACHES TO IL

Realism Great sceptics about international law. George Kennan. Absence of central authority to legislate, adjudicate, and enforce international law makes realists doubt that international law is really a law at all. Morgenthau 'primitive law'. International legal obligation weak. Sanctions few in international relationsNeo-liberal Institutionalism  Inspiration came from economic theory not law. Productive dialogue between IR and IL. States treated as rational egoists, law seen as an intervening variable between the goals of states and political outcomes. Law seen as a regulatory institution not a constitution

Constructivism Normative and ideational structures are as important as material structures. How actor's identities shape their interests and strategies is essential to understanding their behaviour. Rules, norms, ideas as constitutive. Stress importance of communicating, socialisingThe New Liberalism  Individuals are the fundamental actors in IR. Interests of states are defined by dominant domestic interest groups. In the international arena the 'configuration of interdependent state preferences determines state behaviour'. Anne-Marie Slaughter - three-tiered conception of international law. Voluntary law of individuals and groups in transnational society. Law of transnational governmental institutions. Law of inter-state relations. Law that most directly affects individual-state relations is given priority. Human rights at core of IL.