International Law: the body of laws governing relations

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Transcript International Law: the body of laws governing relations

International Law:
the body of laws governing
relations between nations
Evolving;
Customs-based;
Voluntary treaties.
No enforcement mechanisms,
No courts with compulsory jurisdiction.
Principles
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Justice
Equality of states
Protection of the weak
Common good
Interational Law  Foreign Policy
What is “moral foreign policy”?
Humanitarian intervention vs.
Sovereignity
Natural Law
- Just laws are self-evident. They can be
"discovered" or "found" but not
"created."
- the meaning of law is such that its
content cannot be determined except
by reference to moral principles.
“I will put my laws into their mind, and
write them in their hearts.” (Heb. 8:10)
“For when the Gentiles, which have not the
law, do by nature the things contained in
the law, these, having not the law, are a
law unto themselves” (Rom. 2:14)
Morality???
NATIONAL
INTEREST
Legal positivism
Law and morality are separable.
Legal requirements are not
necessarily species of moral
requirements.
Law is not inherently moral either
in its effects or in its motivational
underpinnings.
Territorial Integrity // Selfdetermination
Minority in International Law
“a group numerically inferior to the rest of the population of a
State, in a non-dominant position, whose members - being
nationals of the State - possess ethnic, religious or linguistic
characteristics differing from those of the rest of the
population and show…a sense of solidarity, directed towards
preserving their culture, traditions, religion or language.”
Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities (adopted by the
General Assembly Resolution 47/135 of 18 December 1992)
Role of media, civil society,
geographical and religious solidarity
15% Russians approve Kosovo’ independence
76% Russians approve South Ossetia’
independence
58% Europeans approve Kosovo’ independence
The Golden Rule
"Therefore all things whatsoever ye
would that men should do to
you," Jesus said, "do ye even so
to them..." (Matt. 7: 12)