Evolution of International Law: Sources & Enforcement

Mapping out “Global Governance” - Global governance: The formal and informal processes and institutions guide and control the Activities of both state and non-state actors in the international system - Global governance does not equal global government - International institutions - Norms, rules, and practices that prescribe behavioral roles, constrain activity and Shape expectations - International organizations - Physical entities that have concrete organizational structures, staffs, head offices, Letterheads, etc. Three Levels of International Institutions - Constitutional: Deeply legitimated institutions which define and constitute the parameters Of legitimate statehood and international relations - Fundamental: Provide basic rules and practices that shape how states solve cooperation/ Coordination problems - Issue-specific: Fundamental institutional practices in a particular domain of international Relations The Creation of International Law - Multilateral diplomacy - Cooperation among three or more states with the goal of formulating reciprocally Binding rules of conduct - Crafted in settings designed to facilitate this diplomacy - The primary mechanism that creates international law - States are only obligated to observe international law to which have consented - One important source of law is customary law – established practice over time, but not Formally codified Enforcing International Law - Not enforced in the traditional way that domestic law is enforced – no global police force - This does not mean that it is unenforced or unenforceable - Mechanisms of enforcement - Incorporation of international law into domestic law - International condemnation for breaches of international law - Threats and coercive diplomacy by other states - Cases before international courts - Punitive measures by other states - Military measures by other states UN General Assembly - Functions as a parliament of nations - All member countries get representation and equal vote - Can consider, deliberate, and vote on any issue within scope of UN Charter - Majority vote on most resolutions. Two-thirds majority required for major decisions Such as peace and security, admission of new members - Status of general assembly resolutions - Decisions reached by the general assembly are only recommendations - No formal body within the UN to compel states to comply and no real demand for one Among member states UN Security Council - Assigned primary responsibility for maintenance of global peace and security - 15 member states (5 permanent members and 10 rotating members) - Permanent members (United States, United Kingdom, France, Russia, China) have Veto power - Security council resolutions must get 9 votes and avoid veto’s by any of the P-5