Global Issues Essay Question 3- International Law
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What is international law?
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A set of guidelines, both formal and informal, that national governments recognize as potentially binding on themselves and on other national governments
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What are some reasons to be pessimistic about international law?
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1. States may comply but they don't have to 2. International law can not enforce itself an there is no centralized enforcement 3. The ICC 4. Human Rights is too subjective to culture 5. Larger wealthy countries right the rules so the world has developed different kinds of law
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How does the ICC fall under the pessimistic view of international law?
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1. Seems like its just bullying Africa 2. US Hasn't signed b/c they don't want to be prosecuted 3. Compliance problem 4. Unless more big players sign on, it will probably fade away
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What are some reasons to be optimistic about international law?
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1. Most states comply most of the time 2. Reciprocity principle makes compliance mutually beneficial 3. Naming and Shaming 4. Rapid proliferation of International law
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How does naming and shaming lend itself as an optimistic approach to international law?
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IGOs provide information; public tattle-taling alone can persuade states to comply
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How does the rapid proliferation f international laws lend itself to the optimistic take on international law?
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The rapid increase in treaties and institutions implies that people believe in the optimistic perspective of international law. We believe it works
