IP NOTES 10/31

#14 International Society

I International Society
English School and "Grotian Model"
English school- Henry Bull ("The Anarchical Society")
states are like billiard balls with tenuous cobwebs between them
there are three other real categories of theories
Hobbesian- System of States- Entirely self-interest
Grotian- Society - self-interest + morality
Kantian- World Society- morality trumps self interest

Hobbesian- constant war
grotian- there is war, yes, but also periods of peace
kantian- perpetual peace
Presuppositions (3)
1) Must be a balance of power
-when a balance of power breaks down, the societal approach does not operate
2) Responsible great powers
-the great powers take responsibility for the ordering of the system
3) the presence of common civilization
-basically that western-style governance is predominant
II Sovereignty
Two Faces
Westphalian ideal (1648)
1) the inside face
-within the polity, there is some form of final authority
2) the outside face (more important)
-there is a relation of mutually recognized autonomy

Exclusivity, Equality, and Non-Intervention
1) states are exclusive
-there is a difference between a TREATY and a CONTRACT
-only SOVEREIGNS make treaties
2) all sovereigns are equal as sovereigns
-this doesn't mean that they all have the same power, but all are recognized equally
3) when states recognize eachother as autonomous, they say that they won't intervene in eachother's internal affairs
From European to Global
first non-european state to claim sovereignty was the US
-this was because the US and other smaller countries wanted recognition as sovereigns, to keep the europeans out
post WWII there was a huge outbreak of claiming sovereignty
-the UN is an example of this- a club of sovereigns
III Role in World Politics
Positive consequences (2)
1) conflicts are limited
-civil wars do not so readily become international wars
-nice containment principle here
2) constraint on power
-weak states make HUGE gains by claiming sovereignty
Negative Consequences (2)
1) state apparatus becomes privileged
-big issue- internal oppression
-everything becomes an internal matter
-one of the main features of international liberalism- cut down sovereignty
-whenever peoples are oppressed, it is the responsibility of the free peoples of the world to fight for them
2) impedes collective action
Modifying Sovereignty (2)
1) add responsibilities to sovereignty, make sure the countries know that they have to do certain things to remain sovereign
2) UN intervention
-in the wake of the cold war, the UN became very active

IV Diplomacy
Origins

Features (2)
permanent conversation between states
diplomatic immunity
V International Law
Elements of Law
Americans aren't bound by Russian law, or vice versa
1) code of rules have to be present (YES)
2) court, some judges must be present (KINDA)
3) must be some element of enforcement (GOD NO)

From Grotius to Vattel
idea of a "ius gentium"
-there are certain types of behavior that everybody can agree on as unjust
"Law of Nations" (1758)
-talked about states

Treaties, Neutrality, & Laws of War
idea that treaties may change, but states don't
-treaties are binding, but not necessarily permanent
neutrality- when two states are at war, a third state can declare itself neutral and not be bothered
Laws of War
-proportionality
-war is not to affect civilians
-noncombatants are safe
-after WWII, we get things like the Geneva Conventions to ensure this
International Court of Justice
the Hague ~1900
ICJ
there is a neutral arbitrator
Sovereign Immunity
criminal AND civil immunity from suit
cause you're a sovereign
Genocide and War Crimes
Nuremburg + Tokyo War Crimes Tribunal
Bosnia, the people are tried as well
Milosevic was turned over to the Hague where he actually stood trial
International Criminal Court
The US is basically leading the international opposition to the ICC
Clinton signed the treaty in his last hours of the presidency
-bush UNSIGNED it
we're pissed about this because it takes away from our sovereignty
US gets the ability to try its own citizens FIRST, THEN if they're not tried the ICC can try them