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.tt /PS 320(1)/International Law/Chadwick - %/
.ce;copyright 1992 by Richard W. Chadwick

.ce;INTERNATIONAL LAW AND ORGANIZATIONS IN THE CONTEXT OF
.ce;INCREASING GLOBAL, ECOLOGICAL INTERDEPENDENCE
 
Supplement to "International Law" (Jones, Ch. 15)
 
 - Recall Lasswell's value checklist:
                welfare values         deference values
           ------------------------  ----------------------
           (outer)   (inner)          (outer)   (inner)
            wealth - health           respect - affection
             skill - enlightenment      power - rectitude

Next, imagine habits as sets of tactics and strategies that can
be described as "if...do..." statements, thus:

                S t r a t e g i e s
--------------- - 1 - 2 - 3 -...         Normative systems are
If _________ 1    x       x              sets of "if___do___"
   Condition 2        x                  statements.  "Balance
             3            x              of power" is a normative
            ...                          system, for instance.
------------------ --- --- ----------    Each "rule" in the system
Do ________  1    x                      may be thought of as a
    Action   2        x   x              strategy.  Each strategy
             3            x              is evaluated according
            ...                          to its anticipated
------------------ --- --- ----------    consequences, and its
Anticipated                              perceived consequences.
consequences                             Over time, the normative
------------------ --- --- ----------    systems of international
Perceived                                relations have altered
consequences                             radically, because
------------------ --- --- ----------    anticipated, perceived 
Actual (?)                               and "actual" consequences
consequences                             have changed with the 
                                         diffusion of new 
                                         technologies.

Talcott Parsons' "four P's" (prescribed, preferred, permitted, 
proscribed) describe various possibilities of matching actions 
with sanctions:
   prescribed - negative sanctions if not performed,
   proscribed - negative sanctions if performed,
   preferred  - positive sanctions (reward) if performed,
   permitted  - not sanctions
International law, like law within nation-states, consists of 
expectations about the use of sanctions by states.

   International law may be thought of as the "rules of the game"
within which nation-states agree to operate, because leaders see 
it to their advantage.  Both goal-setting and goal achievement 
generally benefit from international law.  However, as one shifts 
from short term, small scale planning to long term, large scale 
planning, or vice versa, perceptions about what is of advantage 
also shift.  Also, anthing which alters either relative balances 
of power or the type and magnitude of stress leaders find 
themselves under, may cause a reevaluation of international law.  

   Because struggles regarding international law or "rules of the 
game" are basically struggles for distribution rules regarding 
achievement of goals ("who gets what, when, how" as Lasswell 
would say), leaders usually look for a "cultural edge" (e.g., 
a common religious, business, or other ethical basis for law). 

Review: 

 - Marcus Tullius Cicero 106-43 BC: Law is from God; 
 - Hugo Grotius 1583-1645 AD: Law is from nature, e.g., open seas 
      are natural, war unnatural; 
 - Christian Wolff 1679-1754: Law is justified by custom and by 
      agreement (consent). 

   Grotius and Wolff were Dutch - the Netherlands was a great 
trading country.  It required a more general basis for 
contracting, broader rationale for legitmacy and expectations for 
enforcement.  

Jones' text: two basic views of law: 
 - positivist: law is (a) a system of rules (b) adopted by 
      consent; 
 - neo-realist: law is a "constitutive process of authoritative 
      decision," "policy oriented and value oriented," in other 
      words, a function of balance of power politics.

   In other words, law in the Cicero-Grotius tradition 
(positivist) vs. law in the Wolff (neo-realist) tradition.  
"Authoritative decision" means "authority" (legitimate power), 
"decision" (legitimate power deciding an issue), "constitutive 
process" meaning the process of making such decisions.

                  Neo-realists Positivists
Jones:            maximize     minimize     The Machiavellian view
                                            of rational choice:
        rights    Self         Other        maximize your possible
                                            gains; minimize your
   obligations    Other        Self         possible losses.  AKA
                                            the minimax strategy
                                            in game theory.

"Sources" of international law (UN style): 
   1) treaties,  
   2) customs,  
   3) principles (reciprocity), 
   4) legal precedent (ICJ decisions, opinions). 

Sanctions (rewards, punishments; Parsons' four Ps) 
   1) reprisals via  
   2) self-help or derivatively or  
   3) collective sanctions/security 


.bd;DECENTRALIZATION OF INTERNATIONAL LAW: ANARCHY? 
 
   Decentralization a source of weakness in int'l. law, according 
to Jones.  Not necessarily.  Any code of ethics is ultimately 
self-enforcing.  Stable expectations create an environment
permitting long term, large scale decision making.  It is that 
stability that is valued and protected, whether by a legal 
system (courts, enforcement agencies), vigilantes (doctrine of 
self help!), or war.

   Jones says compliance with international law generally fails 
when (1) issues are politicized, (2) absence of effective 
sanctions expected to be imposed by others.  Considering 
sanctions, this statement is as true of national as international 
law however, and often the most important "sanction" is the 
natural consequence of the action itself.  Regarding the 
"politicization" of an issue, what is meant is simply that there 
is a perceived conflict of interests among two or more parties.

Shifts in international relations affecting development of law:
 
   1) quasi-legal functions (e.g., UN Sullivan principles)
   2) informal rules (self-imposed quotas vs. GATT)
   3) social revolutions (Soviet, Chinese, etc., views of law)
   4) interdependence, amalgamating inter/national law
   5) science/technology --> standards/supervision
 
"Hot spots" in international law:
 
   1) aggression (UNSC),     3) law of the sea,
   2) NIEO,                  4) terrorism/skyjacking,
                             5) jurisdiction.
 
Viewpoints:
   1) OECD (1st world generally: USA, Canada, Europe, Japan)

   2) Soviet (1917-1991)
      a) capitalist law,
      b) peaceful coexistence, a Soviet neo-realism, and
      c) intra-bloc law for communist states, all based on
         socio-economic differences and the necessity of peaceful
         coexistence;
 
  3) China: global categories: Major powers, AISs, 3rd World
             PRC as an ideological leader.
      China, law based on the will of ruling classes (hence neo-
      realist) but emphasis limiting the rights of others per se:
      mutual
      a) sovereignty,                        ||  Principles
      b) nonaggression,                      ||  of
      c) non-interference,                   ||  interntional law
      d) equal benefit (reward reciprocity),
      e) peaceful coexistence.
 
   4) Third world: inheritance agreement vs. clean slate doctrine
      regarding post-revolutionary governments (obvious relevance
      to inherited debt, ownership, and other obligations) [NIEO,
      NIIO, etc].
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