国际法导论(英文)

State
►A
corporate body exercising or claiming to exercise, sovereign political power over a particular geographic area. Sovereign power implies a monopoly on the legitimate use of violence and must be recognized by other sovereign states.
International Law versus Law
► The
key word is still “enforcement.” ► Although domestic enforcement did not get all the bad guys, (most of time, the function of domestic law is a lot worse than international law) at least bad guys would not claim themselves as just, like most of bad states in the history and now.
International Law versus Law
► “Law”
is a system of social rules usually enforced through a set of structured institutions.
International Law versus Law
Subtle Difference
► By
definition, International private law is still the “law,” since the domestic courts could generate the ruling toward the legal case and enforce it.
Anarchy
► Example:
If you got a parking ticket just because of a broken meter, what would you do? ► Example: If Cuba invaded Miami, what would the US do? ► Example: If you had to go to a bad neighborhood with weak police enforcement, what would you prepare for this trip? ► Definition: “No supreme power to govern,” “no overarching power,” “Self help system” ► Anarchy vs. Chaos, Anarchic world still has order. ► Value, legal and study system in an anarchic world
International Law versus Political Science
► Since
there is no enforcement in international law, all the actions are determined by conflicts, struggles, possible consensus, conspiracies, or sophisticated calculations. ► So, isn’t it the, simply put, POLITICS?
Introduction to International Law
Intro
► International
Law versus Law ► International Law versus Political Science ► Basic Concepts ► Learning International Law
Example of Law
► First
Proposition: 10 Commandments by Moses: #6, Thou Shall Not Kill ► Second Proposition: If you kill, you will be punished by…
International Law versus Law
Example
► The
Rape of Nanking ► United States in Iraq
The Rape of Nanking
United States in Iraq
Intro
► International
Law versus Law ► International Law versus Political Science ► Basic Concepts
International Politics
► Politics
among states, level of analysis ► Differences between International Politics and Taiwan Politics ► Theoretical boundary between International Relations and Domestic Politics: Anarchy vs. Hierarchy
Example of International Private Law
► It
is relatively easier for two locals to file divorce. If one of the couple were a foreigner, then the foreign law should be considered by local court. ► However, it does not mean that foreign country has any say in the legal consideration. It is a private and foreign individual versus the state legal system. ► And the true international law is one legal system versus another, or others.
► But
international law only refers to the first proposition
Example of International Law
► Winners
wrote the history. ► Only the defeated will be labeled as “war criminal.”
Basic Concepts
► Politics ► International ► Anarchy
Politics
► State
► RБайду номын сангаасalism
vs. Liberalism ► International Organization and Institution ► International Law
International Organization and Institution
► International
organizations and institutions are the cooperative problem solving arrangements and activities that states and other actors have put into place to deal with various issues and problems. ► They include international rules and laws, norms or soft law, and structures such as formal international intergovernmental organization as well as improvised arrangements that provide decision-making process, information gathering and analytical functions, dispute settlement procedures, and operational capabilities for managing technical and development assistance programs, relief aid, and force deployments.
Politics
► Oxford
Dictionary: “The art and science of government,” “public life and affairs as involving authority and government,” “activities concerned with the acquisition or exercise of authority or government,” ► Other occasions: office/family/couple ► Harold Laswell: “Who gets what, when, how,” “Authoritative allocation of values,” ► Mark Lai Definition: “Power and goods, their competition, compensation, implementation and continuation”
International Law versus Law
► International
law (public), which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions. ► International law (private) or conflict of laws, which addresses the question of which legal jurisdiction cases may be heard in.
Realism vs. Liberalism
Subjects Human Nature Nature of IR Most Important Actor Goal of Foreign Policy Favorable Form of Government Trade Best Way to Achieve Peace Power Cooperation Morality and Value Realism Bad and Selfish Anarchy State Security/More Power Regime type does not matter Relative Gain Balance of Power Hard Power If worthy, cheaper than confrontation Not as important as power Liberals Malleable, can be educated and improved Anarchy State/International Organization Security/Domestic Well-being Democracy Absolute Gain Kantian Triangle Soft Power Desirable but with cautious negotiation Not as important as power and cooperation
► “Public
law" subjects, which relate closely to the state (including constitutional, administrative and criminal law) ► “Private law" subjects (including contract, tort, property)