\ Kings College London MA in International Peace and Security

Questions for Short Essays for Core Course I: Law and Conflict in International Society

SECTION A: INTERNATIONAL POLITICS

1.

Is International Relations a discipline?

2. How can sovereignty be said to define anarchy in the international system? HEDLEY BULL- THE ANARCHICAL SOCIETY 3. To what extent does realism provide a viable basis for military-political action? MORGENTHAU / CARR / 4. Should realism be treated as the primary tradition in the study of international relations? MORGENTHAU 5. How far do the basic assumptions of the universalists inform our understanding of the international system. 6. How far can power politics be constrained by international law?

7.

How far can power politics be constrained by normative values?

8. How far can it be said that the balance of power prevents implementation of the rule of law? 9. Can international organisations regulate anarchy?

10. To what extent can non-military means resolve international disputes? SLAUGHTER HISTORICAL EXPL. WESTPHALIA GROTIUS TOT VN

11. Is the norm of state sovereignty diminished or enhanced by the emergence of the rule of law in international relations? 12. Is sovereignty past its use by date?

SECTION B: INTERNATIONAL LAW LAW BOOKS: HIGGINS - ANTIONIO CASESE (ANDRE NOLKEMPER NL INT RECHTBOEK) 1. Is the State bound by a rule of international law without its consent? What role is played by the so-called persistent objector rule? Nicaragua Case clear objections.

2. What role is played by the concept of opinio juris? Do you think the concept is necessary? Nicaragua case

3.

How do new rules of customary international law come into being?

4. What is the difference between general customary law on the one hand and local, regional or other forms of non-general custom on the other?

5. Explain the relationship between the rights of peoples self-determination and statehood. 6. How far is it reasonable, given the nature of war to discuss notions of right and wrong in legal and ethical terms? 7. Discuss the concept of threat to international peace and security as applied by the UN Security Council. Illustrate your answer with reference to some recent cases where the Council has used the concept. Voorbeelden gebruik zie CH 7 - Art. 39-42

8. Is the codification of international law a good thing? 9. What is the role of sanctions in enforcing international law? 10. We believe that the Charter has not completely extinguished the right of anticipatory self- defence but has put severe limits on it. Article 51 says that nothing in the present Charter shall impair the inherent right of individual or collective selfdefence if an armed attack occurs. The Charter does not say if an armed attack has occurred. It is necessary to defence the moment when an armed attack, which involves preparation, deployment, and other phases, is considered to be launched. One has to take into account the character of offensive arms, the geography and other factors. Discuss. 11. To what extent does international law reflect (protect) values and interests which are shared by different peoples? 12. During and immediately after the Gulf War (1991) the UN Security Council undertook a series of sanctions against Iraq, many of which are still in force (economic sanctions, an obligation to destroy all chemical and biological weapons, all ballistic missiles with a range greater than 150 kilometres etc). There are no-fly

zones in Northern and Southern Iraq and safe havens for the Kurds were established in Northern Iraq. What is the legal basis of these measures?