Concepts and models of Int'l Law

1. Part XI
Concepts and Models of International
Law with International Law Basics

2. Concepts and Models of
International Politics and
International Law
The study of Political Science builds
upon a framework of workable
systems, at least in varied theoritical
assumptions. Concepts, Models, and
theories are tools of Political Analysis.

3. Concept
• Is defined as a general idea about
something, usually expressed in a
single word or a short phrase.
• Propagates an idea that appears to
be conclusive like the ideas on
social graces, rights, power, laws,
and many more.

4. Model
• Is a theoretical representation of empirical data
that aims to advance understanding by highlighting
significant relations and interactions like model
criteria for public choice and system analysis.
• Are merely explanatory mechanism; they more like
hypotheses that have yet to be tested
Purpose
is to represent or resemble fairly well the original
reality faithfully as possible

5. Theory
• Is a systematic explanation of
practical data that is presented as a
reliable truth to the public.
• A proposition like theories on
elitism, pluralism and corporatism
among others.
• Can be concluded to be more or less
true

6. International Politics
Emergence of World Politics
Cold War; is the period of rivalry with nmo direct
hostilities or aggression but a convert act sort of
war between ricals the United States dominated
West and the (former) USSR dominated East that
extended from 1945 to the collapse of communism
in the revolution. This period came to exist in 1947
when the so called “Truman Doctrine” was
established by the United States.

7. Theories of International
Politics
There are various perpectives available
to scholars and political analysis in
respect to how they view or
conceptualize international or global
politics.
Idealism
Realism
Pluralism
Marxism

8. Idealism
• Views international politics on the basis of
legal norms and moral values.
________________________________________________
Liberalism is one of the most traditional
thoughts of idealism. Liberals, therefore
stressed the significance of free trade and
interdependence and shun the idea of war
as destructive element of harmony and
cooperation among friendly states

9. Realism
• View international politics on the basis of
power politics for state’s quest for national
honor and pride over its national interests.
• It’s presupposed the belief that nation-
states are international actors playing
power
• Projected the belief that international
politics is carried out in a state of nature,
characterized not by harmony and
cooperation but by anarchical prestige
through defining and acquiring their sets of
collective goals and integrity.

10. Pluralism
• View international politics on the
basis balancing power among
competing states in international
system.
• It highlights the permeability of the
state, and provides an alternative to
the state centrism of the power
politics model.

11. Marxism
• View of international politics is
strangely different from the
conventional models started above.
• They regard politics as a field where
economic power and capital are
played between or among nation-
states.
• Advances a theory of horizontal
organization based on international
class.

12. The Role Power in
International Politics
Power in international politics is “much
sought after in a highly competitive
arena by nation-states aiming to hold
the reins in all fields of great
advantage”

13. Santiago defined power in two setups:
Power in a state and Power in
International Politics
National Power
The capacity in any human
relationship, to control behavior and
influence for the attainment of
political goals

14. Power in International
State power potentials is its capacity
to influence or control the behavior
of other states for the purpose of
promoting its own vital interest.

15. Elements in Power
DEMOGRAPHIC ELEMENT
GEOGRAPHIC ELEMENT
ECONOMIC ELEMENT
MILITARY ELEMENT
LEADERSHIP AND ORGANIZATIONAL
ELEMENT

16. Demographic Element
Refers to the population structure of state,
which considers the size, the trend, and
the military age structure. A state with a
large number of people gains power just
from the mass of its application.
Population per se serves as a basis of
power during war times even if a state
does not have a particular good army, it
may be difficult to defeat it if it has a large
population.

17. Geographic Element
Geography refers to the territorial
profile of a state, which includes the
waters and subsoil of the political
area. In political geography, this
element assumes three important
considerations.
Climate, Location, Size

18. Climate
a conducive or tropical climate influences
agricultural productivity and work
efficiency. Extreme weather conditions
peril the states productivity outputs. In
international relations however scant
production or low productivity in a state
may be complemented by economic
interdependence and effective importation
of productions.

19. Location
the territorial setting of a state also carries a
significant impact on the overall economic
growth of a state. Usually, archipelagic
states enjoy abundance from maritime
resources and make their region more
economically feasible aside from being
strategically situated territories that invite
potential allies not only for economic
reasons but also for military purpose.

20. Size
refers not only to the physical
attributes of a state as to a shape or
contour but also considers the big
location where a political unit is
situated. Usually a big state is
relatively hard to conquer while a
small state can hardly pose a threat
to its neighbour.

21. Meanwhile, a state may either expand
or shrink its territory through various
cited modes prescribed under
International Law to wit:
Discovery and Subjugation, Conquest,
Accretion, Cession, Prescription.

22. Discovery and Subjugation , a mere
discovery of a territory would not
ripen the ownership claim or the title
into perfection, it is imperative that
the clamant would pursue effective
occupation and subjugation, which
must immediately proceed following
such discovery.

23. Conquest, the force application of
either imperialism or colonialism on
weakling or loose lands leads to the
acquisition or dispossession of new
or old territory, as the case may be,

24. Accretion, Boundaries or territorial
extents however are changeable and
are indefinite given the forces of
nature and earthy movements.

25. Cession, Lands may be acquired or
discovered by either of the following
terms; by gift or by token by
purchase or exchange.

26. Prescription, Lands may be acquired
over a period of time or it may be
lost through a lapse of time

27. ECONOMIC ELEMENT
A state in international relations may
figure importantly if it has some
economic bargaining power or
capacity which may not be present
in other states.

28. MILITARY ELEMENT
Refers to the armed forces profile
of a state. Military power must be
viewed not only on the standpoint
of quantity but also of quality.

29. Leadership and
Organizational Element
Refers to the government structure of
a state which usually is determined
by the form and type of the
organization of a state, the attitude
of the people or the political culture
toward the government and the
operation of the government that
involves the problem of bureaucracy.

30. Models in Analyzing
International Politics
Power Politics Model
Political Interdependence

31. Power Politics Model
Characterized by seeming rivalry
and unending competition and
struggle among nation-states in
the international system.

32. Political interdependence
Anchored on the premise that no state
is self sufficient on its own, a need
to deal or relate with another state
for purposes of securing national
interests and well being became the
compelling force to engage in
foreign relations.

33. Strategies and Tactics in
International Politics
Isolation
Neutrality
Aggression

34. Isolation is the policy of
withdrawal from international
affairs, and in particular
avoiding or military commitment
to other states.

35. Neutrality is the absence of
partisanship or commitment or
a refused to take sides from
warring parties, a policy of no
commitment to either side in
times of war or aggression.

36. Aggression is an actual hostilities
or war which is a condition of
open conflict between two or
more parties.

37. Appeasement
Granting of concessions, either
willingly or as a result of
coercion in order to effect a
settlement of a dispute.

38. Compromise
Is a two-way give and take or a
mutual process between starts
of equal powers.

39. Moreover, there are prescribed actions
nation-states may employ in the
protection of their national interests
or well being namely:
Affirmative action, Negative action,
Preventive or Anticipatory action

40. Preventive or Defensive war
Is tactics that exists when a
state strikes an enemy before
he is ready for an offensive
action.

41. Affirmative action
Which is an overt act that affirms
a nation's position or action.

42. Negative action
When there exist any agreement
not to exercise certain rig.hts
and prerogatives

43. Patterns of Power in International
Balance of Power
Politics
- Direct Balance of Power
- Pattern of Competition
- Conventional Pattern
- Collective and Security Theory
Power Polarization Theory
- Monopoly of Power
- Bipolarization
- Multipolarization
- Theory of Deterrence and Détente
- Economic Interdependence and Globalization

44. Balance of Power
The most common and the oldest theory of
international politics where peace results
when several dates, improving their
national power and forming alliances,
balance one another.
Typologies of Balance of Power
- Direct Balance of Power
- Pattern of Competition
- Conventional Pattern

45. Direct Balance of Power
The most simple ad direct is a
situation where two states of equal
strength want to dominate the other
and that the other exist.

46. Pattern of Competition
This exist when there is
alignment of two or more states
against one but similarity that
one has also allies.

47. Conventional Pattern
This exist when many states of
equal strength maintain a
balance of power among
themselves through a network
of commitments and alliances.

48. Collective and Security
Theory
Is a theory or practice or resisting
aggression through united action by
a number of states. Exist when the
situation requires all nation-states to
join one universal alliance instead of
one or more balancing alliance in
order to police a misbehaving state
(Morgenthau).

49. Power Polarization
This exist when political powers
are either distributed or
concentrated among nation-
states in the international
system which may be:
Monopoly of Power,
Bipolarization, Multipolarization

50. Monopoly of Power
This theory exist when political
power seemed to be dominated
or concentrated into one major
state.

51. Bipolarization
This theory exist when political
powers are concentrated into
two major states.

52. Multipolarization
This theory exists when political
powers is distributed or
dispersed among states within
the international system.

53. Theory of Deterrence
and Detente
The theory of deterrence aims to
contain the aggressive behavior
of the state through the fear of
retaliation.

54. Economic Interdependence
and Globalization
Globalization is a complex web of
interconnectedness that means our lives are
increasingly shaped by decisions and actions
taken at a distance from ourselves.
Economic globalization reflects the increase in
transnational flows if capital and goods,
destroying the idea of economic power potentials
through economic interdependence and global
cooperation as a means of survival in these rather
complex international relations.

55. International
Law

56. International Politics and
International Organizations
International Politics
International Organizations
International Law

57. International Politics
Emphasizes power and constant
maneuver in the International
arena.

58. International Organization
Lays greater emphasis on legal
and ethical considerations, and
its institutions are conducive to
orderly and cooperative
methods of effecting
international challenge.

59. International Law
Like all laws, rests upon moral
and practical foundations,
requires the presence of a
responsible and orderly society
which is firmly dedicated to the
sharing of minimal common
values.

60. Public Policy

61. Pyblic Policy
Policy, a course of action or a series
of program and adopted by a group
or a person or a government in view
to address or respond to existing
issues or concern.
Public, is ass0ciated to a government
in power.

62. Public Policy
Is then an action taken by the
government to meet a particular
demand growing out of the
society and consists of the
formal and selected decisions
of government agencies.

63. Policymaking
A process in two aspects.
First, involved a linked series of actions or
events, commence germinations of ideas
and initiations of proposals.
Second, a process in the sense that it
distinguishes the ‘how’ of the government
from the ‘what’ of government.

64. Policy Initiation
Initiation is the primary stage of
policy stage of policy agenda
that resulted from an issue
regarded to come out as a
problem if not attended
appropriately.

65. Initiation refers to the making of
decisions in a certain aspect where a
policy initiation determines the
political agenda through identification
of emerging problems as issues of
relevance, and by determining how
those significant matters are to be
responded to by the government.

66. Policy Formulation
Entails the definition of issues,
framing of objectives and
setting of priorities.
Traditional administrative goals:
Efficiency, Effectiveness and
Economy

67. Policy Implementation
Otherwise called, policy execution refers to
putting into the practice and is considered
the most problematic area and was taken
for granted and seen only as an aspect of
administration and not as a feature of
politics. Putting policy into practice is still
regarded to be technical matter of
administration.

68. Liberal State
Welfare State
Regulatory State

69. Liberal democracy is a government
founded on the consensus and
consent and therefore a state has a
minimum function that is essential
focused on maintaining stability and
order.

70. Welfare is a government that provides
minimum welfare to all citizens for
general welfare or the common good
of the people.
The general meaning of welfare is
happiness, prosperity and well-being.

71. Regulatory state then set rules
and other standards as a major
policy instruments rather than
relying on direct provision of
good and services.

72. • Statement of Facts
• Statement of Values
• Statements of
Explanation

73. Statement of Facts address to the
question WHAT or statements that
describe reality.

74. Statement of Values refer to HOW
good something is, those kind of
statement evaluate reality.

75. Statement of explanation refer to
WHY something is as it is, which
analyze reality.

76. Thank you !