Sovereignty

International Law – courts or arbitral tribunals can be “international” in three ways 1. Can be set up by international agreement 2. Apply international law 3. Deal with cases involving parties or transactions touching more than one country * Municipal courts and many arbitral tribunals are not international in the first constitutional sense; they are often international in the second rule or third transactional sense. * Sovereignty – States can make their own law without outside interference * Emergence of International Law as Deterrents to Sovereignty 1. States can bump into each other following the guidelines of sovereignty; international law comes in to set guidelines for states. 2. The UN and the International Organizations places rules on sovereignty 3. Examples: EU, R2P, NPT, Globalism, Kyoto Protocol 4. Major deterrent to sovereignty: Human Rights 5. Other states were not given the permission to tell another sate how to treat their citizens, but with Human Rights there are rules in place that dictate how states need to treat their people * Who Defends Sovereignty 6. Countries like China who have something to protect aka Tibet & Taiwan 7. Non-Alignment Movement – undeveloped countries usually those colonies they are afraid of neo-colonialism 8. Developed countries do not want other power 9. Countries in rising nationalism – self –rule/autonomy * Separation – They want to be their own state (Palestine/Israel) 10. States are responsible to employ and enforce law without international law * Positive and Natural Law 11. Positive Law – Man made law, it is laws made by legislature/state * Positivist contend that if we pull laws from interactions between states, they are legitimate because states are formed by people * Consent is also required by states to make actions legitimate 12. Natural Law – Rules that are