Rahvusvahelise õiguse roll rahvusvahelises poliitikas: Iraagi ja Liibüa näited



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Tartu Ülikool


The goal of this research paper is to analyze the dynamics of international law in the framework of United Nations. The changes and transformations in the world order during the last few decades have been challenging to the basics and the vitality of the international law and the new evolving world order seems to be in need of legal behavioral framework. The aim of the paper is to analyze the functions of modern international law thorough two foreign interventions where armed force was used to achieve goals declared – Iraq and Libya. These two conflicts vary by timeframe and their legality from the viewpoint of international law and the UN Charter. Though there are similarities to be noticed, especially when analyzed thorough the principles of classical just war theory. The empirical experience brought in the paper is analyzed thorough four bigger international relations theory and their approaches to international law. The main theories included are realism, liberalism, institutionalism and rational choice theory. These are the international relations theories that are most open to discussions on international law and analyzing the cases of Iraq and Libya thorough these discourses will probably give the most accurate overview on the past dynamics and the current situation of international law. The conceptions of preventive war and foreign intervention are also to be looked into and the necessity for that is given by the nature of the conflicts analyzed in the empirical part of the paper. The empirical research is based on overall information about military operations in Libya and Iraq. In the case of Libya, a more detail overview of diplomatic statements and policies of Russia, USA, and France are given to analyze their official approaches and interpretations on international law considering the situation in Libya in 2011. The first part of analysis revolves around evaluation of both conflicts considering the classical just theory, which gives a neutral basis to make conclusions about the nature of conflicts. Furthermore, the principles of foreign intervention and the role of UN are analyzed. The goal to be achieved in the synopsis is the fact that the importance of international law is evolving in a multilateral world. Free media and peoples access to information is creating a situation, where countries and their leaders are to be held responsible for their foreign military actions. Not by any specific court, but by the international public and foremost – their voters. The new role of international law is to be a good framework for politicians to explain their actions to gain international public and political support. It is a kind of international PR language, that gives many opportunities but can be also politically fatal when overlooked. In the synopsis also, UNs role in nowadays international relations is explained thorough viewpoints brought in theoretical framework.