Norms in World Politics A Historical Perspective

Norms in World Politics: A Historical Perspective Lecture 1 Short Seminar Series: Norms in International Politics – History, Theory, Policy Antje Wiener Professor of Politics & International Relations Department of European Studies & Modern Languages University of Bath Email: a.wiener@bath.ac.uk A Contested World Order Blair: We need new global rules Bush: We need fewer global rules Merkel: We need to respect global rules Chirac: You must follow our rules Goal & Approach of today’s perspective on norms The goal is to understand the role of norms as a regulating and enabling element in international politics and law. The approach is historical and descriptive, so that the context in which norms matter, can be identified. Types of Norms Type of Norms Fundamental Norms Substance Sovereignty Non-intervention Citizenship Human Rights The Rule of Law Mutual Recognition Accountability Transparency Gender- Mainstreaming 3% Rule International Election Monitoring Electoral Rules … specified standards Generalisation More Specification Less Organising Principles Medium  Medium  Standardised Procedures Less More I Politics Treaty of Westphalia: 1648 Historically: beginning of modern state system Politically: state sovereignty was established (acceptance of noninterference with internal state matters) Theoretically: development of new concepts, such as - Territoriality - Sovereignty - Independence International Relations  The three movers in IR Theory:    the concept of state the principle of sovereignty  and struggles over territory  (Biersteker 2005, 157) The Sovereign State  “A state is a human community that (successfully) claims the monopoly of the legitimate use of physical force within a given territory.”  (Max Weber, 1946: 78)  Consider however:   Greek city-states non-state polities like the European Union Sovereignty, socially constructed  “A political entity„s externally recognized right to exercise final authority over its affairs.”  (Biersteker and Weber, 1996:2) Sovereignty, a universal principle  Article 2, UN Charter stipulates “sovereign organisation” as follows   that international affairs are based on  “the principle of sovereign equality,“ prohibiting  “the threat or use of force against the territorial integrity or political independence of any state,“ and “in matters which are essentially within the domestic jurisdiction of any state.“  (Mansbach 2000: 71)   forbidding UN intervention  UN Charta, Ch 1 „Purposes and Principles‟ Article 2 http://www.un.org/aboutun/charter/chapter1.htm Governance and Order  “Governance is a system of rule which works only if it is accepted by the majority (or at least by the most powerful of those it affects).”  Rosenau 1992, 4 Anarchy  The relationship between states is structured by anarchy. That is, world politics is conducted in the absence of a formal system of government.   Implications? Politics  Traditionally speaking “politics is about authority and government.”  (Brown and Ainley 2005, 4)  Where does this leave the conceptualisation of „world politics‟? Where does authority lie and what could be considered „government‟ in world politics?  World Politics  International State System   World Society   Main actors  Main actors  States Interest-oriented Diplomatic Strategic  States Rule-oriented Cooperation Cross-border transaction Institutions Norms, rules Routinised practices Communication Transport systems Financial systems Development  Interaction  Interaction       Focus on: Principles & Power  Focus on: Order & Justice      Sovereignty Anarchy Self-help   Issues     Issues     War Peace Conflict Cooperation Governance without Government?  “If governance connotes a system of rule, and if it is not sustained by an organized government, who makes and implements the rules?”  (Rosenau 1992, 1) Enhanced Contestation ` 1 2 3 Condition historical contingency  normative meaning changes with constitutive social practices (cultural and organisational) over time  governance beyond the state  changes social environment and reference frame of social institutions; the social feedback factor is reduced  crisis  raises stakes for convergence of meaning as social feedback factor is reduced and divergence of normative baggage increases  II Law Legal Texts & Social Institutions Modern Nation-States shared social environment Legal Norms Are interpreted with reference to Beyond the State lack of shared social environment Legal norms Are interpreted with reference to Social Institutions Individual Experience ▼ Basis of Legitimacy: Contestedness Conflict ▼ Basis of Legitimacy: Social Recognition Appropriateness Sources of International Law Article 38(1) Statute of the ICJ: “The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a) b) c) d) International conventions […] establishing rules expressly recognized by the contesting states; International custom, as evidence of a general practice accepted as law The general principles of law recognized by civilized nations, .. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.” a) Akehurst 1993, Ch 3, p. 23 [emphasis added AW] Treaties  “The word „convention‟ means a treaty, and that is the only meaning which the word possesses in international law, and in international relations, generally.”  (Akehurst 1993, 24)   Bilateral Multilateral Article 38(1)(a) -- Treaties  "international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;"  Reservations to Treaties  Thomas Buergenthal, Judge at the International Court of Justice, speaks about reservations to treaties.  If you wish to see the whole interview with Thomas Buergenthal, click here . Custom  Evidence  actual practice of states  e.g. published materials (newspapers, international lawyers)  NOTE: If most states approve, customary law is valid – as long as a state does not specifically protest against the law.  Opino iuris  “a conviction felt by states that a certain form of conduct is permitted by international law  (Akehurst 1993, 29; emphasis in original) Article 38(1)(b) -- Custom  "international custom, as evidence of a general practice accepted as law;"  Local Custom and the Passage over India Case  On location, your host, Jean Allain, discusses the notion of a local or bilateral custom and how it manifested itself in the Passage over Indian Territory case. General Principles of Law  Method of using existing sources   Extension of rules by analogy Inference of rules by means of inductive reasoning  (from the specific towards the general)  NOTE: difference in the role of judges   English: develop law Continental: apply the law Judicial Decisions   International law is not necessarily binding but for the signatory parties. Yet, judges can also create law. Discuss the role of the ICJ.   Link: http://www.icj-cij.org/ International Law & International Politics  Introductory Lecture  Christine Chinkin  Professor of International Law, London School of Economics and Political Science (LSE).    What is the difference between Law and Politics? Is Law just a “side-effect” to Politics? Is international law of “universal” quality?  … on the bias of international law (e.g. „white‟ „male‟ „western‟)? Link: http://www.law.qub.ac.uk/humanrts/video/tpc.html   (play first 10 Min) Hierarchy of the Sources  Ius Cogens (peremptory norms)  human rights, democracy, the rule of law, non-intervention  Basic principles of international law which are considered to be universally valid i.e. law that is “accepted and recognized [as such] by the international community of states as a whole.”  (Akehurst 1993, 41; emphasis added) Community  Which community does international law refer to?  Discuss with reference to different periods in World Politics. III Discussion Work Groups  “The basic legal question posed by the use of force against Iraq has … been that as to the impact, if any, of the United States-led military action on the specific content of the law of the use of force.” (Scott 2005, 49) Newsnight interview with Jalal Talabani, President of Iraq http://news.bbc.co.uk/1/hi/programmes/newsnight/news night_interviews/default.stm   Work Groups  ‘Civilised Nations’?  “being „civilized‟ used to be a criterion of international law. This is no longer the case, and it is widely accepted that the phrase „civilized nations‟ now means „states‟.”  (Scott 2004, 12) Discuss. Work Groups  International law in context   What makes norms in international law work and why? What are our expectations towards politics and law?  BBC Radio 4 “Are the Americans ready for it?”  http://www.bbc.co.uk/radio4/womanshour/2005_41_thu_01.shtml Which Norms Are Legitimate? Legal legitimation Who is right, who is wrong, or what? DISCUSS and/or Political legitimation Why do which norms matter and how? Work groups (1): Which norms mattered most in history (provide examples)? (2): How do we know that they mattered (elaborate on specific cases)? Who follows international norms and why? Work groups (3): Discuss moments in history when norms were not considered equally valid by different actors, i.e. moments when norms were ‘contested’. Who/what is involved in international norms politics? Work groups (4): Which actors matter? Which type of documents are influential? What are the main sources of International Law?