Does International Law Matter?

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  • Created by: becky.65
  • Created on: 26-11-19 14:30
What is the core problem of international law?
Can we have legal order in a system characterised by anarchy?
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How do realists view international law?
They are deeply sceptical of it and they view it as a reflection of state power and not an independent variable that influences the world. It is a reflection of victor's justice.
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What is an example of victors justice?
Post WWII the UN was designed to provide dominance to those who won WWII
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How do realists view IL in relation to anarchy and balance of power?
It maintains the balance of power between big countries and international organisations have to give bigger roles to bigger, more dominant countries
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How do liberals view international law?
Structure of the international system is not the primary determinant of state behaviour. They think liberal and democratic states are more likely to comply with IL
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What is the democratic peace thesis?
It tries to explain why in the history of wars that liberal states don't fight wars between each other, they use negotiation, not war
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Why do liberals argue countries bind themselves to international courts?
Out of the fear that the next government will be totalitarian. This explains why new states favour international regimes
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How do institutionalists view international law?
Big powers create laws between them to avoid wars between big powers and to make things easier for themselves. States create IL out of self-interest to facilitate cooperation and to pursue relative gains to pull resources and cooperate more easily
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How do institutionalists view institutions?
As functional responses to problems as states might not be able to defend themselves independently so they get together so they can share in the cost of building an army or to negotiate better trade deals which is more efficient
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What do institutionalists view as the 'shadow of the future'?
States might forego short-term interests to protect themselves in the long run, even if rulings are not in their favour
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What is path dependency?
It explains the endurance of institutions/IL; states become a particular way and stop thinking about it so they just continue to cooperate in the way they always have (e.g. UN and WTO)
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How do constructivists view international law?
They view the international system as social, underpinned by rules and norms; states behave in the way they think they should, not because they believe it. Rules therefore underpin international relations. IL does not effect how states act.
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How do constructivists view NGOs in relation to international law?
They look at trans-state relations and have NGOs across states apply pressure for IL actions and for international organisations who then apply pressure on states; in the era of globalisation this is vital
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How do critical approaches view international law?
As a form of domination. It is normative and reflects and replicated historically specific beliefs about appropriate conduct. It promotes the interests of the powerful and it requires acceptance of Western standards. It reflects power for dominant gr
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How to critical approaches view law?
As power, legal equality is fiction as IL disenfranchises minorities. The only way to get out of the system is to break it.
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Card 2

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How do realists view international law?

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They are deeply sceptical of it and they view it as a reflection of state power and not an independent variable that influences the world. It is a reflection of victor's justice.

Card 3

Front

What is an example of victors justice?

Back

Preview of the front of card 3

Card 4

Front

How do realists view IL in relation to anarchy and balance of power?

Back

Preview of the front of card 4

Card 5

Front

How do liberals view international law?

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