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47 Cards in this Set
- Front
- Back
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What are the generally accepted sources of international law?
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they apply:
a. international conventions b. international custom c. the general principles of law recognized by civilized nations d. judicial decisions and the teachings of the most highly qualified publicists of the various nations |
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Primary rules in context of international law
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constrain a state's behavior
what you are legally obligated to do (or refrain from) the consequences of being good or bad example is Kyoto Protocol |
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secondary rules in context of international law
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govern how primary rules are made
creation, extinction, and alteration example us Framework Convention on Climate Change |
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Obligation in international law
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the degree to which agents are legally bound
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precision in international law
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specifies obligations
reduces the scope of reasonable interpretation International law is usually very precise |
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delegation in international law
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interpretation and application of a third-party
When precision is low and delegation is high, courts make new laws. |
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what role do transnational organizations and networks play in a boomerang model?
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they can influence states by endorsing particular behaviors and laws
then monitor the level to which states follow the international behavioral norms and laws |
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what role do ngo's play in a boomerang model?
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non-governmental organizations (NGOs) in one state activate transnational linkages to bring pressure from other states on their own governments
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what is a transnational advocacy network?
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TANs- networks of activists sharing normative objectives
aim to bring about: political and social change through social mobilization changes in social norms political pressure on governments. |
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what is an example of a transnational advocacy network?
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Amnesty International - aims to bring new information to public attention.
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What are the stages of norms life cycle?
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1. Actions attempt to convince an important population to accept and embrace their belief
2. the norm cascades to become near universal standard of behavior 3. the norm is internalized |
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what is an international norms entrepreneur?
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organizations that have made a career in advocating certain norms
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an example of international norms entrepreneur
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TANs
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2 limitations that will prevent Transnational Advocacy Networks from replacing national governments
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they cannot legally bind their members
they must rely on voluntary compliance from their targets |
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3 specific civil and political rights recognized by Universal Declaration of Human Rights
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Civil:
life and liberty prohibition of cruel and unusual punishment prohibition of slavery Political: freedom from arbitrary arrest, right to privacy right to assembly |
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3 specific economic and social rights recognized by Universal Declaration of Human Rights
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economic:
right to work right to social security right to own property Social: right to marry and have a family the right to education the right to have rest and leisure. |
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principal legal difference between the universal declaration of human rights the two subsequent covenants?
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International Covenant on Civil and Political Rights (ICCPR) is more endorsed by western democratic countries
the International Covenant on Economic, Social, and Cultural Rights (ICESCR) is endorsed more by communist states and the developing world |
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what documents comprise what is frequently called the international bill of rights?
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Universal Declaration of Human Rights
the twin covenants (International Covenant on Civil and Political Rights and International Covenant on Economic Social and Cultural Rights) |
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what is the most common reason that governments violate the human rights of their citizens?
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in the interest of preserving their own rule
some states simply lack the capacity to protect human rights they violate them in the interest of national security |
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what is the purpose of the international criminal court?
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2002
designed to prosecute those committing international crimes EX genocide, crimes against humanity, and war crimes. |
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what type of international institutions was the international criminal court intended to replace?
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tribunals
like those that prosecuted the Nazis after WWII |
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identify two important innovations in human rights institutions that are likely to have implications for the future
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Transitional Justice rather than prosecutions b/c provides recognition of the rights of victims,
promotes civic trust strengthens the democratic rule of law Harnessing Material Interests b/c a country needs to know the difference between what they want and need, if they know this for the future then they can get past conflict |
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what is universal jurisdiction
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allows states to claim criminal jurisdiction regardless of the accused’s citizenship or location of the alleged crime
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example of universal jurisdiction
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Augusto Pinochet ruled Chile from 1973-1990
indicted by Spanish court on numerous human rights violations arrested in the UK in 1998 returned to Chile in 2000 he was indicted in over 300 crimes in Chile died in 2006 prior to his trial. |
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what is individual petition
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gives a group or individual right to petition a supranational court w/ claims that their rights have been violated by a state
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why is individual petition significant in international relations?
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make it harder for states to block international courts from hearing cases they fear they might lose
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what are nonderogable human rights?
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a right that cannot, under any circumstances, be denied
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one example of nonderogable human rights
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one's right to life
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why does addressing global environmental problems resemble a prisoners dilemma?
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often each party seeks to “defect” b/c they believe other states will not
Countries seek to “free ride” |
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what is an externality?
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when a decision creates costs/benefits for stakeholders other than actor making the decision
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example of externality
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externality of Kyoto Protocol:
carbon trading system that privatizes a once public good is created (Selling the “right to pollute”) |
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explain how European emissions trading scheme has managed to reduce emissions of green house gasses
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giving industries tradable allowances for greenhouse gasses up to an emissions limit
These firms are now incentivized to emit less greenhouse gasses so they trade the permits that they have |
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how common pool resources differ from pure public goods
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common pool resources are non-excludable (you can’t stop anyone from having them)
rival in consumption (limited supply) makes overexploitation likely to occur |
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example of global common pool resources
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Whaling
No one is excluded but there are a limited number of whales |
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what was the purpose of montreal protocol of 1989
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specified larger cuts in emissions
enforced stricter rules |
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what is the most common role of transnational advocacy networks in dealing with global environment problems?
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setting standards
verifying compliance facilitating decision-making |
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identify two reasons why ozone depletion has been an easier problem to deal with than climate change
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the costs of preventing climate change and the emission of greenhouse gases will be immediate, large, and continuous
Cooperation was easier because a smaller number of firms and countries were involved reducing the costs of collective action |
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name the five states recognized as nuclear weapon states under the 1968 nuclear nonproliferation treaty
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US
Russia great Britain france china |
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identify the three pillars of the 1968 nuclear nonproliferation treaty explain the goal of each
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nonproliferation: prohibits from assisting in nuclear weapons capability to non-nuclear states
disarmament: seeks to eliminate nuclear weapons peaceful use: "inalienable right" to peaceful use of nuclear technology |
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what is the role of the international atomic energy agency (IAEA) under the 1968 NNT?
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aims to promote peaceful use of nuclear energy
deter any nuclear development for military purpose |
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in terms of bargaining, is a substantial shift in power likely to be more dangerous if the cost of war is high or if the cost of war is low, why?
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if the cost of war is low
When it is not costly to go to war, states less likely to explore compromise that may result in gains less than that predicted by war |
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is the continuation of globalization inevitable? why/not?
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neither inevitable nor irreversible
Political conflict can slow or even reverse seemingly inevitable economic processes |
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how does the spread of information and communication technology increase income inequality?
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the proliferation of and access to these technologies are limited to those who can afford them
allows the rich to become richer leaves less room for progress for lower class |
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what was the battle of seattle?
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massive protest to a conference of the WTO
occur in Seattle in November 1999 so many people protesting the meeting adjourned without an agreement |
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in context of globalization, what is meant by the phrase "race to the bottom"?
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the logic of each government setting its own rules
so governments may lower standards in competition to attract investment |
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why is voting in the IMF said to be undemocratic?
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weighs vote of each country by wealth
not by population |
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today the European union (EU)
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regulates labor
regulates food and product safety oversees environmental protection administers agricultural subsidies oversees human rights protections |
