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Chapter Fourteen

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The Legal Prohibition against Initiating Wars, 1875 2005 ... heads of state held accountable for crimes against humanity. war crimes ... – PowerPoint PPT presentation

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Title: Chapter Fourteen


1
Chapter Fourteen
  • The Liberal Institutional Paths to Peace

2
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3
International Law
  • private international law regulation of routine
    transnational activities such as commerce,
    communications, and travel
  • public international law
  • relations between governments
  • relations between governments and IGOs
  • relations between governments and NGOs

4
Rules of International Law
  • sovereignty
  • neutrality
  • noninterference in internal affairs
  • diplomatic immunity
  • extraterritoriality
  • statehood permanent population, well-defined
    territory, capable government
  • diplomatic recognition de jure and de facto

5
Procedures for Dispute Settlement
  • mediation
  • good offices
  • conciliation
  • arbitration
  • adjudication

6
Limits of International Law
  • no strong world legislature that can make binding
    rules
  • no systematic method of amending and revoking
    treaties
  • no authoritative judicial body
  • no executive body to enforce rules
  • state sovereignty limits international law
  • still, many states frequently abide by
    international law

7
Just War Doctrine
  • when war may be undertaken
  • how war should be fought
  • taking human life may be a lesser evil when
    necessary to prevent lethal aggression
  • all other means must be exhausted
  • defend a stable political order or restore
    justice after a real injury
  • has reasonable chance of succeeding

8
Just War Doctrine, continued
  • proclaimed by legitimate authorities
  • for correcting a wrong, not for revenge
  • must negotiate during warfare
  • noncombatants immune from attack
  • use only legal and moral methods
  • cannot inflict disproportionate damage
  • goal must be peace and justice

9
Amending the Just War Doctrine
  • how deal with weapons of mass destruction?
  • war on terrorism
  • Bush Doctrine
  • revolution in military affairs
  • doctrine of military necessity

10
Figure 14.1 The Legal Prohibition against
Initiating Wars, 18752005
11
Figure 14.2 The Changing Status of the
Nonintervention Norm in International Law since
1820
12
Conduct of War
  • noncombatant immunity
  • human rights
  • International Criminal Court
  • Bush administration withdraws in 2002
  • permanent world criminal court
  • heads of state held accountable for crimes
    against humanity
  • war crimes

13
United Nations and World Peace
  • 1. indirect
  • social and economic roots of armed conflict
  • WHO, FAO, UNESCO
  • 2. direct
  • directly bring fighting under control
  • resolve armed conflicts
  • maintain peace

14
UN and World Peace, continued
  • preventive diplomacy
  • peacekeeping
  • peace making
  • peace building
  • peace enforcement

15
UN and World Peace, continued
  • collective security function
  • hampered by Cold War
  • Korean War, 1950-1953
  • Persian Gulf War, 1990-1991
  • increased peacekeeping 1988-2004

16
UN and World Peace, continued
  • Kofi Annan reforms more efficient
  • less money for peacekeeping
  • peacekeeping operations understaffed and
    underfunded
  • affected by United States economic and military
    predominance

17
Map 14.1 UN Peace Missions since 1948
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NATO
  • originally only mutual self-protection
  • 1995 intervention in Bosnia war
  • 1999 intervention in Kosovo
  • seven new members in 2002
  • a military alliance
  • political alliance helping spread democracy

20
World Federalism
  • merging sovereign states into a single union
  • requires placing absolute gain of humanity above
    relative gain of individual states
  • opposed by adherents to nationalism
  • supported by some NGOs

21
Neofunctionalism
  • IGOs created to manage common problems provide
    benefits that exert pressures for further
    political integration, creation of new IGOs, and
    increased interdependence
  • leads to regional integration
  • spillover--momentum builds
  • European Union

22
Map 14.2From Few to Many The Expansion of
the European Union, 19512005
23
Democratic Peace
  • liberalism democracy critical to promoting peace
  • democratic peace
  • democratic states dont fight each other
  • spread of democracy will decrease war
  • key criterion for joining EU and NATO
  • key factor for World Bank, IMF, OECD, OAS

24
Figure 14.3 Will a Freedom Fence Result from
the GlobalGrowth of Democratic Governance?
25
Discussion
  • What are the prospects for increasing the scope
    and enforcement of international law?
  • In what ways has the concept of sovereignty
    changed in recent years?
  • Under what circumstances is military intervention
    for humanitarian reasons justified?

26
Discussion, continued
  • What should be the components of a
    twenty-first-century version of the just war
    doctrine?
  • Which recent state leaders are or should be
    considered war criminals?
  • What would it take for the United Nations to be
    more effective in its efforts to promote peace?
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