Tutorial topic: How does international law influence state conduct with respect to the use of force? What are the origins and activities of ASEAN? How effective has ASEAN been in promoting security in the region? Key Questions: . What is the importance of the UN Charter's articles on use of force? o There is an agreement on when and how force can be used to defend international peace and security o Pre-emptive vs preventive o Latent vs non-imminent threats Imminent: Fully covered under article 51 which safeguards the inherent right of sovereign states to defend themselves against armed attack " Latent: security council can use military forcett including preventively to preserve international peace and security . Do they have the right/obligation to use it protectively to rescue the citizens of other states? Is international law really law? . In the international setting there is no central authority. . For the most parttt howevertt states will follow the rules they have agreed to follow because it makes these interactions easier for all parties involved. . Thustt the fact that there is no overall authority to force compliance with the rules does not necessarily mean that there is no law. Law still exists in this settingtt though it may be practiced and enforced in different ways. . International law can therefore be called "real law," but with dif ferent characteristics from the law practiced in domestic settingstt where there is a legislaturett judiciarytt executivett and police force. Why is it in the interests of states to obey international law? o Economic/military sanctions All states ultimately want international peace and security o States attempt to manage the friction with ongoing compliance through the principle of pacta sunt servanda - the adherence to agreements.[ o The evolution of the dispute-settlement procedures of the World Trade Organisation (WTO)tt the establishment of the International Criminal Court (ICC)tt and the establishment of numerous global treaties illustrate states agreeing voluntarily to give up a portion of their sovereignty.
o Mearsheimer suggests that if states comply with the standard of an international treatytt they do so because it is in their interest even if the treaty did not exist. . attributed either to convergent interests or prevailing power relations How effectively have multilateral institutions addressed both traditional and non- traditional security issues in the Asia-Pacific? What are the origins and activities of ASEAN? How effective has it been in promoting security in the region? o The Association of Southeast Asian Nations (ASEAN) is a regional grouping founded on 8 August 1967 by Indonesiatt Malaysiatt Singaporett Thailand and the Philippines to promote economic growthtt social progress and cultural development in the Southeast Asian region through multilateral cooperation o ASEAN has its origins in the Association of Southeast Asia o ASA fell short of becoming a viable regional grouping.5] This was due to numerous factorstt including ASA's inability to obtain endorsements from other Southeast Asian countries, most crucially Indonesia, and the breakdown of bilateral relations between two of its members -