Module 4-International Law

• Global -Pertaining to the entire globe rather than a specific region or country. Often used interchangeably with the term international, with one exception being in regards to mutual funds among the countries.
• Interstate -It is between the two or more states; between places or persons among the different states. Concerning or affecting two or more states politically or territorially.
• System -A regular interacting group or interdependent group of items forming a unified whole.
• Global Interstate System is the whole system of human interactions. The modern world system is structured political as an interstate system. It is also a system of competing and allying states. Political scientist commonly calls this the international system, and it is the main focus of the field of international relations.
• Interstate system – a system of competing and allying states
• A single global economy composed of international trade and capital flows, transnational corporations that produce products on several continents, as well as all the economic transactions that occur within countries and at local levels.

  Modern World Systems
• Followed the crisis of the feudal system in Europe and helps explain the rise of Western Europe to world supremacy between 1450 to 1670
• Traditional Challenges

  External intervention can generally be described as invasion by other countries. Example: When Saddam Hussein was the ruler of Iraq in 1990 he decided he was going to take over the oil fields of Kuwait. He invaded Kuwait and took it over. As a result, he was dislodged by international coalition led by the US.
• Internal political challenges Example: In Syria, the original rebellion against Assad came from the country’s own internal dissenters who wanted to replace the government even though they were also Syrian nationals There are also regional organizations challenging states autonomy. The United Nations intervened in Sudan because of the several years of Civil War.
• What is international relations?

  International relations refer to an academic discipline that focuses on the study of the interaction of the actors in international politics, including states and non-state actors, such as the United Nations (UN), the International Monetary Fund (IMF), and the World Bank. It is also the study of interconnectedness of politics, economics, and law on a global level
• Realist Theory- they do believe that states are in constant struggle for power. According to them Security can only be achieved in such a system by maintaining power.
• The main goal or interest that they are always aiming to win is power among any other states in the international society.

  True
• States here as the primary actor of international law are never sure of the intentions of other states towards them, that is why the only thing for them if on how they are to survive and that is for them to remain in power.

  True
• Institutionalist Theory- in international relations they believe that interplay of states in the different institutions is an important act for them to achieve their goals.
• States here are not alone in fulfilling its goal rather they interact with the other actors of international society in order for them to achieve its goal.

  Institutionalist Theory
• Liberalist/Neoliberalist Theory- It holds that human nature is basically good and that innate goodness makes societal progress possible. Liberals also place faith in international law and legal instruments to settle disputes.
• This theory proceeds from the assumption that the States are geared towards GAINS and PROFITS, therefore, relations are often dependent on whether the same would be profitable or not.

  Liberalist/Neoliberalist Theory
• Democratic Peace Theory- Democratic States are hesitant to go to war with other Democratic States. “Respect of one’s Sovereign Rights over the Land” is their main ideology.
• International law is the body of rules and principles that govern the relationship between states.
• Domestic law is the law that applies to the people of a country.
• States are in equal footing in international law

  True
• Hierarchy of laws: Constitutional laws, statutory laws, and common laws.
• How does a bill become a law? - President signs it into law - Congress approves it
• For them peaceful way of resolving conflicts are seen as morally superior to violent behavior, and this attitude is transferred to international relations. Mutual gain from economic cooperation and interdependence also contribute to peace.

  Democratic Peace Theory
• The doctrine of Transformation- states that international law only forms a part of municipal law if accepted through the constitutional process of legislation or judicial decisions. 
• The doctrine of incorporation - The doctrine that rules of international law automatically form part of municipal law. As in Article II of the 1987 Constitution; The Philippines Renounces war as instrument of national policy and adopts the generally accepted principles of international law
• The United Nations (UN) is an international organization created in 1945, shortly after the end of World War II.
• The UN was formed by 51 countries in order to encourage resolution of international conflicts without war and to form policies on international issues.


  True
• The UN system, also known unofficially as the “UN Family”, is made up of the UN itself and many affiliated programs, funds, and specialized agencies, all with their own membership, leadership, and budget. The programs and funds are financed through voluntary rather than assessed contributions. The specialized agencies are independent international organizations funded by both voluntary and assessed contributions.
• NATO is an alliance of 28 countries of bordering North Atlantic Ocean. It includes Canada, the United States, Turkey, and the most members of the European Union.
• The organization were created during the 1994 Bretton Woods Conference. NATO mission is to protect the freedom of its members.
• NATO’s mission is to protect the freedom of its members. Its targets include weapons of mass destruction, terrorism, and cyber-attacks.

  True
• NATO’s purpose is to guarantee the freedom and security of its members through economic and environmental means. 


  False- NATO’s purpose is to guarantee the freedom and security of its members through political and military means.
• Political – NATO promotes democratic values and enables members

  to consult and cooperate on defense and security-related issues to solve problems, build trust and, in the long run, prevent conflict.

  MILITARY – NATO is committed to the peaceful resolution of disputes.
• If diplomatic efforts fail, it has the military power to undertake crisis-management operations. These are carried out under the collective defense clause of NATO’s founding treaty – Article 5 of the Washington Treaty or under a United Nations mandate, alone or in cooperation with other countries and international organizations.
• World Trade Organization- The only global international organizations dealing with the rules of trade between nations. It is an organization for trade opening. The WTO is a place where member governments try to sort out the trade problems, they face with each other.
• The North American Free Trade Agreement history began in 1980. Its purpose is to reduce trading costs, increase business investment and help North America be more competitive in the global market place. The agreement between Canada, The United States and Mexico.
• NAFTA’s main provisions called for the gradual reduction of tariffs, customs duties, and other trade barriers between the three members, with some tariffs being removed immediately and others over periods of as long as 15 years.
• NAFTA also contained provisions aimed at securing intellectual-property rights. Participating countries would adhere to rules protecting intellectual property and would adopt strict measures against industrial theft.
• Elements of a State: People, Territory, Sovereignty, Government, and sometimes International Recognition.