Political Science 101 POLS: International Relations International - Law Sources Treaties Custom General Principles ICJ Sovereignty Human Rights Law Law of the Sea Humanitarian Law Geneva Conventions

1. What This Is & Why It Matters

International law is the body of rules and norms that govern the interactions between states and other international actors. It is a crucial aspect of international relations, as it provides a framework for resolving conflicts, promoting cooperation, and protecting human rights. Without understanding international law, you can't explain why some states are more likely to engage in international conflict, why human rights abuses persist, or why global governance institutions are effective or ineffective.

Consider the example of the 2010 Gulf of Mexico oil spill. The disaster highlighted the need for international cooperation to address environmental crises. The United Nations Convention on the Law of the Sea (UNCLOS) provides a framework for states to cooperate on maritime issues, including environmental protection. However, the United States has not ratified UNCLOS, which has limited its ability to participate in international efforts to address the spill's impact on the global environment.

2. Essential Thinkers, Concepts & Models

• Hugo Grotius: Developed the concept of natural law, which posits that there are universal principles of justice and morality that apply to all states.
  • Why it's still relevant: Grotius' ideas underpin the modern concept of human rights and the principles of international law.
• Emmerich de Vattel: Developed the concept of customary international law, which holds that states can establish rules and norms through their consistent behavior.
  • Why it's still relevant: Vattel's ideas are still used to interpret the rules of international law, particularly in cases where treaties are unclear or absent.
• The Hague Conventions: A series of treaties that established the principles of international humanitarian law, including the protection of civilians and prisoners of war.
  • Why it's still relevant: The Hague Conventions continue to shape international humanitarian law, particularly in the context of armed conflict.
• The Geneva Conventions: A series of treaties that established the principles of international humanitarian law, including the protection of civilians and prisoners of war.
  • Why it's still relevant: The Geneva Conventions continue to shape international humanitarian law, particularly in the context of armed conflict.
• The International Court of Justice (ICJ): The primary judicial organ of the United Nations, which hears disputes between states and provides advisory opinions on international law.
  • Why it's still relevant: The ICJ continues to play a crucial role in interpreting and applying international law, particularly in cases involving human rights and state sovereignty.
• Sovereignty: The principle that states have supreme authority within their territories and are subject to no higher authority.
  • Why it's still relevant: Sovereignty remains a central concept in international law, particularly in cases involving state immunity and the use of force.
• Human Rights Law: The body of rules and norms that protect the rights and freedoms of individuals, including the right to life, liberty, and security of person.
  • Why it's still relevant: Human rights law continues to shape international relations, particularly in cases involving human rights abuses and state responsibility.
• The Law of the Sea: The body of rules and norms that govern the use of the world's oceans, including navigation, fishing, and environmental protection.
  • Why it's still relevant: The Law of the Sea continues to shape international relations, particularly in cases involving maritime disputes and environmental protection.

3. Step-by-Step 'Political Analysis'

1. Identify the relevant international law: Determine which treaties, conventions, or customary law applies to the situation.
2. Analyze the state's behavior: Examine the state's actions and decisions to determine whether they are consistent with international law.
3. Evaluate the state's responsibility: Determine whether the state has breached international law and, if so, what consequences it may face.
4. Consider the role of international institutions: Examine the role of institutions such as the ICJ, the United Nations, and the European Court of Human Rights in interpreting and applying international law.
5. Assess the impact of international law on state sovereignty: Determine how international law affects state sovereignty and the ability of states to make decisions within their territories.

4. Common Student Mistakes

• Misconception: International law is only relevant to international relations between states.
  • The right view: International law also applies to international organizations, non-state actors, and individuals.
• Misconception: International law is only concerned with human rights.
  • The right view: International law encompasses a range of topics, including state sovereignty, territorial disputes, and environmental protection.
• Misconception: The ICJ is the only international court that interprets international law.
  • The right view: The ICJ is one of several international courts that interpret international law, including the European Court of Human Rights and the International Criminal Court.
• Misconception: International law is only relevant to developed countries.
  • The right view: International law applies to all states, regardless of their level of development.

5. Exam/Essay Tips

• Multiple-choice questions: Pay close attention to the language used in the question and the options provided. International law is often phrased in technical language, so be sure to understand the nuances of the question.
• Free-response questions: Use specific examples and case law to support your arguments. Be sure to address all parts of the question and provide clear and concise answers.
• Trap distinctions: Be aware of the differences between various concepts, such as sovereignty and state immunity, and be able to explain how they apply to specific situations.
• Integrating the topic into an argumentative essay: Use international law as a framework for analyzing and evaluating the actions of states and international institutions. Be sure to address the implications of international law for state sovereignty and human rights.

6. Quick Practice Scenario

A state uses force against another state without a UN Security Council resolution. Which principle of international law is at stake?

Answer: The principle of state sovereignty is at stake, as the state's use of force may be seen as a breach of its sovereignty.

Justification: The use of force without a UN Security Council resolution may be seen as a breach of the state's sovereignty, as it may be perceived as an infringement on its right to self-defense and territorial integrity.

7. Last-Minute Cram Sheet

• Hugo Grotius: Developed the concept of natural law.
• Emmerich de Vattel: Developed the concept of customary international law.
• The Hague Conventions: Established the principles of international humanitarian law.
• The Geneva Conventions: Established the principles of international humanitarian law.
• The International Court of Justice (ICJ): The primary judicial organ of the United Nations.
• Sovereignty: The principle that states have supreme authority within their territories.
• Human Rights Law: The body of rules and norms that protect the rights and freedoms of individuals.
• The Law of the Sea: The body of rules and norms that govern the use of the world's oceans.
• State immunity: The principle that states are immune from the jurisdiction of foreign courts.
• Humanitarian law: The body of rules and norms that govern the conduct of war and the protection of civilians and prisoners of war.
• Customary international law: The body of rules and norms that are established through the consistent behavior of states.
• General principles of law: The principles that are common to all legal systems and are used to interpret and apply international law.
• The principle of non-refoulement: The principle that states may not return individuals to a country where they would face a real risk of persecution or harm.
• The principle of self-determination: The principle that states have the right to determine their own political status and to pursue their own economic, social, and cultural development.

Separate but equal was overturned by Brown v. Board – Plessy v. Ferguson was the earlier, racist ruling.

8. Further Study Resources

• American Government: Stories of a Nation by David M. Kennedy, Lizabeth Cohen, and Thomas A. Bailey
• Khan Academy: International Law
• Crash Course Government: International Law
• The International Court of Justice: A Guide to its Jurisdiction and Practice by the International Court of Justice