GINS 1010 Study Guide - Fall 2018, Comprehensive Midterm Notes - International Law, Wimbledon F.C., United Nations Security Council
12 Oct 2018
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Department
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GINS 1010
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Gins 1010 international law
What is international politics?
• The study of state and individual interactions: sovereign states, intergovernmental
organizations, nongovernmental organizations, multinational corporations, various
antigovernment or terrorist organization/networks.
What is public international law?
• Refers to the body of law that governs relations between states or countries; concerned
with particular categories of conduct involving individuals.
Four models of international law (Johnston) ** no one model is higher than the other **
1. Litigation model: “what does the law say”, doctrine, black letter law
2. Operational model: process and procedures
3. Societal model: not simply about states, think about the world, model about global, put
society first
4. Conceptual model: sometimes isn’t the most relevant, about what law is, what politics
are, what law could be, the goal is mostly social change, can be interrelated with
litigation model
*** can have a mix of many models ***
Global actors and subjects of international law: states
International relations theory
• Realist approach: max power, focuses mainly on themselves, laws are irrelevant, power
is defining by being able to influence and get other states to do what you want
**struggle of power between states, each state trying to up the other one***
• Liberal institutionalism approach: can be helpful in certain things, help reduce
transaction cost (so Canada is doing pretty well but if it does help the rest of the nations
then there will be many more obstacles)
***saving time and money*** trade and investments
• Law and economics approach: what is best and easiest for them and their purposes, to
max the profit
***
• Constructivist approach: not just about prohibiting things, development of a
framework, about shaping rights (how its going to affect everyone and not just them),
power is what a states says it is, the world can change
***private law** treaties and shaping universal rights
find more resources at oneclass.com
find more resources at oneclass.com
• Radical revisionist: what matters is equality, believes laws will change (just like
constructivist) the world should change
States and statehood
The 1933 montevideo convention on the right and duties of states: permanent population, a
defined territory, government and capacity to enter into relations with other states.
What is a state?
• A state is the means of rule over a defined or “sovereign” territory. It is comprised of
various branches – usually an executive, a bureaucracy, courts and other institutions. But,
above all, a state levies taxes and operate a military and police force.
• A fundamental consideration is the concept of effectiveness of control over a territory
and people. The effectiveness of control includes the right to control the exercise of
violence.
Theories of recognition
Constitutive theory: the act of recognition (or multiple recognitions) confers legal personality on
claimant states or governments, so that they are only established as subjects of international law
by the will of the international community through recognition. (more popular)
Declarative theory: holds that statehood or governmental authority does exist prior to recognition
and the recognizing state is only declaring its acceptance of this fact.
International law and colonialism
International law has been closely connected with colonialism and imperialism.
• The rule of terra nullius (nobody’s land) provided the justification for European
colonizers to take over native lands
• At the same time, the inhabitants of these lands were recognized as legal persons with
whom to hold economic contracts.
Acquisition of territory
In traditional international law the surface of the earth and the regions above and below may be
subject to one of three possible regimes:
• Sovereignty (dominion, power, authority as claimed by a state or community)
• Res communis (common heritage- public domain)
• Res nullius (nobody’s property- object without rights)
Modes of acquiring territory
• Discovery: conservative, klabbers text pg 77
• Conquest: dominance of the powerful maker
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What is international politics: the study of state and individual interactions: sovereign states, intergovernmental organizations, nongovernmental organizations, multinational corporations, various antigovernment or terrorist organization/networks. What is public international law: refers to the body of law that governs relations between states or countries; concerned with particular categories of conduct involving individuals. *** can have a mix of many models *** Global actors and subjects of international law: states. International relations theory: realist approach: max power, focuses mainly on themselves, laws are irrelevant, power is defining by being able to influence and get other states to do what you want. ***private law** treaties and shaping universal rights: radical revisionist: what matters is equality, believes laws will change (just like constructivist) the world should change. The 1933 montevideo convention on the right and duties of states: permanent population, a defined territory, government and capacity to enter into relations with other states.
