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Global Legal Dynamics: Convergence and Divergence

Explore the complexities of international law, from moral dilemmas to court adjudications, and the impact of legal systems on government actions. Discover the evolution from infancy to complex relations, equating humanitarian values with functional necessities, and the interplay of legal theories shaping global regulations. How international laws are crafted, enforced, and adjudicated, with a focus on compliance, coercion, and the role of international courts in ensuring efficacy and justice. Delve into the significance of adherence to law, promoting global harmony through voluntary compliance and active engagement.

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Global Legal Dynamics: Convergence and Divergence

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  1. International Law Image source: http://www.dla.mil/dg/ Morality, Human Rights, and International Courts Chap 9

  2. Image source: SJSU, justice department Terms • Legal systems constrain governments • Domestic = 14th ammendment • International = ? • Code based vs. precedent based • Morality • The questions of “right” vs. Might • Both act to limit power

  3. Image source//aofg.blogs.com/the_airing_of_grievances/2004/09/ Legal Systems are Dynamic • Infancy stage (primitive) • Law may still be only theory (realist approach) • Early focus on war • Grotius (1583-1645): De Jure Belii et Pacis • WWII => just war theories: Michael Walzer • Success = • Functional Relations: trade, diplomacy, communications • Humanitarian, morals, ethics

  4. Image source: Vassar College Theory • Positivist • Law reflects society and its desires • Naturalist • “inalienable” rights from nature • Locke: Two Treatises of Government • Ideological/Theological • St. Augustine on war; Islamic Sharia, Buddhist ideals

  5. How Int’l Law is Made: • International Representative Assemblies • UN General Assembly • Judicial Decisions and Scholarly Writing • Stare decisis: precedent driven • Judicial review • International Court of Justice • International Custom • International Treaties • Jus gentium: codify (write down) • Pacta sunt servanda (treaties are to be served and carried out)

  6. Adherence to Law • Enforcement • Central Authorities • Active engagement (peacekeepers) • Sanctions • Self-help (self-defense/sovereignty) • Compliance • Voluntary • Coercion

  7. Adjudication of the Law • Efficacy • International Courts • Jurisdiction

  8. Impact of ICJ

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