Global Governance & International Law (DP IB Global Politics: HL): Revision Note

The distinction between government and governance

• Interdependence in global politics refers to the mutual reliance between actors and stakeholders

• Globalisation has strengthened interdependence

  • Some think states being interdependent with other actors as dangerous because it weakens sovereignty 

  • Others think states being interdependent with other actors promotes peace and stability

Government vs. governance

• Government refers to formal state institutions that make and enforce laws, whereas governance refers to the processes and interactions through which decisions are made across multiple actors at national and global levels

National and international law

• National law is created and enforced by states within their own borders, whereas international law governs relations between states and relies on their consent for enforcement

• National laws are created and enforced by institutions within the state

  • They can be changed and altered but only by using a judicial process designed to protect the legitimacy of the state’s legal system. 

  • They are usually designed to protect citizens and the stability of the state 

  • They are legally binding, meaning they apply to everyone within the state  

  • There are consequences for breaking national laws

• International laws are created and monitored by governance institutions, usually intergovernmental organisations (IGOs)

  • States cannot usually be forced to accept these laws, as they have sovereignty

    • In some intergovernmental organisations, such as the European Union (EU), member states are required to accept agreed laws

    • Interdependence means that states may more readily accept international laws if most other states have done so

  • If states do accept these laws in principle, it can be said that they have signed the law

  • If states fully accept the laws, it can be said they have ratified them, making them binding 

  • The goal of governance institutions that create these laws is to have states ratify these international laws

• International law is harder to enforce because there is no global authority above states

  • This is why global governance institutions like the United Nations strongly encourage states to ratify international law into their own legal systems

Sources of international law

• These sources provide the basis for international law and help ensure consistency and legitimacy in how rules are created and interpreted

• International law develops from recognised sources that states accept as legitimate foundations for legal rules

• International laws often emerge as a potential way to work together to address or manage a common global political issue and may come from multiple sources

Foundations of international law

Examples of international laws

• These examples show how international law regulates cooperation between states, although compliance ultimately depends on state willingness

  • The Basel Accords on Financial Regulation

    • International agreements that set rules for banks to manage risk and maintain sufficient capital to prevent financial crises

  • World Trade Organisation agreements

    • International rules that govern global trade and aim to reduce trade barriers to ensure fair competition between countries