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How can force be used to pursue human security? Treatments of this issue are surprisingly rare. This chapter addresses the potentially positive uses of force to address basic human needs under the new doctrine of human security in international law. International laws, cases, and regimes addressing the constituent elements of human security are addressed in turn: personal and political security, economic, food, health, community and environmental security. The evolving structure and function of UN Peacekeeping Operations is demonstrated through cases of specific missions. Finally, the possibilities of 2001’s "Responsibility to Protect" doctrine are debated.
What is the best way to begin studying international law? This chapter jump-starts your study of international law, providing you with helpful resources on how to read cases and treaties, how to brief cases for later use, and how to read and use other documents you will encounter in this book. The end of the chapter provides a snapshot of the major theoretical approaches to international law and international relations that can shape your thinking about its usefulness, limits, and power to shape the behavior of states.
How do states create agreements with one another, and how do they ensure they are followed? The first half of this chapter details the process by which states make, maintain, and rescind treaties. We elaborate on the treaty process set forth in the Vienna Convention on the Law of Treaties, and explain different treaty types (e.g., bilateral vs. multilateral, self-executing vs. non-self-executing). Reservations—portions of a treaty a state does not wish to join—are also discussed, as well as their ramifications. The second half of the chapter establishes the centrality of diplomats to the creation and execution of much of international law, including treaties. We elaborate on diplomatic and consular functions as well as diplomatic immunity and asylum. Diplomats are noted as change agents in the international system, but the potential for abuse of that immunity is always present.
What is the relationship between the global economy and international law? In this chapter, we examine instruments that reflect the liberalism that has prevailed in international trading relations for the last half-century. The resulting instruments include the articles of the World Trade Organization, the World Intellectual Property Organization, and the Trade-Related Aspects of Intellectual Property Agreement. We also highlight anti-corruption instruments and various non-governmental organizations that also share the goals and processes of international liberalism. The middle section examines attempts to combat the various and increasingly sophisticated forms of corruption in international business transactions, especially the explosion of difficult-to-combat cyber fraud. The latter part of the chapter notes a growing trend towards economic nationalist goals, and anti-competitive behavior among state and business elites.
How does international law protect human rights? We trace the development of human rights, focusing on the international response to the atrocities of World War II and the rapid pace of human rights conventions. We demonstrate how the signing of the Universal Declaration of Human Rights started a wave of other conventions designed to codify the treatment to which every human is entitled. Not every state can achieve the wide array of protections these documents outline, but the UN has established methods for reporting violations that provide some minor satisfaction. The last half of the chapter is devoted to a discussion of regional human rights mechanisms, focusing on the European, Inter-American, and African systems and noting their jurisdictional differences. Finally, the development of mechanisms to respond to genocide, war crimes, and crimes against humanity are detailed, including the criminal tribunals set up for specific atrocities and the International Criminal Court.
How far can a state extend its jurisdiction beyond its borders? In this chapter we make the distinction between state sovereignty and jurisdiction and then outline the five principles of extraterritorial jurisdiction. By providing examples for each jurisdictional principle, the differences between them are sharpened and the ways in which they may overlap are clarified. An interesting area for extraterritorial jurisdiction is the Internet; a brief examination of the European Union’s General Data Privacy Regulation serves to highlight the complexities. The chapter concludes with two practices states can use to attempt to pull alleged criminals who are in another state back into their own jurisdiction for prosecution. Extradition is a legal process agreed to by states. Rendition, though also used by some states, is not and runs afoul of human rights.
What are the physical limits of state sovereignty? This chapter reviews international law concerning the territorial sovereignty of states, including on the land, the oceans, and the air and space above. Specific legal instruments that govern these areas are examined in some depth, including the Chicago Air Convention of 1944 and the United Nations Convention on the Law of the Sea (UNCLOS). Six methods of obtaining sovereign territory are discussed along with vivid examples of each. The struggle to allow fair use by states and companies over the resources in and below the high seas and outer space is highlighted. The new space race may prevent the original space treaties’ vision of a new frontier that is devoid of commercialization and militarization.
What is international law, and how is it different from domestic (national) law? This chapter provides an answer to those questions and introduces other foundational concepts in international law such as opinio juris, sovereignty, and the state. We trace the development of international law from Western/European perspectives and discuss how international law was often experienced as oppression and violence in the non-Western world. The chapter concludes with a consideration of the classic sources of international law: customs, treaties, general principles of law, judicial decisions, and scholarly writings, each of which is presented in some detail.
How can the use of force by states be constrained under international law? Under what circumstances has the use of force by states been deemed "legitimate"? How are rules about the legitimate use of force changing? These questions are examined in depth, along with the relevant instruments of international law. The chapter details the various ways that "force" and "aggression" have been defined and used. It treats all the major forms of force or coercion, including full-scale military operations, economic sanctions and reprisals, proxy and clandestine forces, small-scale conflicts. It then traces growing prohibitions on the use of force from the League, the UN, the ICJ, and other sources. Finally, the Laws of Armed Conflict are highlighted as are the Geneva Conventions and instruments limiting munitions and conflict on the land, air, and sea. The use of drones and autonomous weapons systems, guided by AI, are highlighted as a growing area of concern for international law.
What role do international organizations play in international law? Similar to states, they have international legal personality, responsibilities, and immunities. This chapter focuses on the preeminent global intergovernmental organization, the United Nations, and details the functions and limits of its principal organs. Special attention is given to the General Assembly, Security Council, and International Court of Justice. The European Union is the leading example of a regional, supranational organization, and its authority and institutions are discussed in detail as well. The chapter concludes with brief considerations of other major international organizations, including the North Atlantic Treaty Organization, the Organization of American States, the African Union, and the World Health Organization.
How have states coordinated their response to protecting the environment? This chapter outlines the major features of international environmental law, beginning with a brief history of global environmental governance. We begin with a broad outline of the major environmental conferences, culminating in the architecture of climate change governance. While climate change is a focus of this chapter, we also highlight some of the other major environmental achievements related to protecting the marine environment, regulating atmospheric pollutants, and preserving biodiversity. Core environmental law principles are detailed and illustrated with prominent cases for clarity. The final sections examine the intersections between human rights, armed conflict, and the environment, concluding with a discussion of the impact of corporations on the global environment and the responsibilities they might bear for restoring it.
How do we define the state in international law, and what is its relationship to individuals? We begin by outlining the state as a legal concept and differentiating it from similar concepts. We then explore the legal personality of the state under international law, including the elements of statehood, absolute and restrictive immunity, and state responsibility. The problems of state recognition (or non-recognition) of other states and governments is a key to understanding how states interact, as are changes in state status (e.g., secession or other consequential changes). The last half of the chapter is devoted to the reciprocal responsibilities state and individuals have toward one another, focusing on nationality, citizenship, refugees, statelessness, and the state’s treatment of foreign nationals.