Sunday, December 22, 2019

International Law as Law Essay - 1569 Words

International Law as Law When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a†¦show more content†¦Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a ) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for int ernational law. States are required to meet their international obligations as well as formulate efforts toShow MoreRelatedInternational Law2995 Words   |  12 PagesIndividual in International Law Student`s name: Institution of Learning: The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgementRead MoreUnited Law Of Public International Law1414 Words   |  6 PagesReport to International Law First concerning the fear that the concept of state sovereignty in public international law is frequently overlooked by politicians, the media and others. Introduction. International Law First has asked for a report concerning the impact of public international law on the concept of state sovereignty in the UK. This report will examine the limits that public international law imposes on state sovereignty and the effect that this has on the balance of power withinRead MoreSubjects of International Law1108 Words   |  5 Pagessystem. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations. First of all, we need to know the definition of the subjects of international law. In theRead MoreInternational And International Law And Policy1840 Words   |  8 Pages The International community: developments in International law and policy. (Kirsti Samuels, 2007) Civil war has become the dominant type of war in death tolls and severity. It has caused humanitarian destruction on a vast scale, as well as serious disruption of regional and international peace and security. The author Samuels states that her purpose of this work was that she has written this to collate and analyse a broad range of international community practice with respect to civil conflictsRead MoreThe International System And Contemporary International Law Essay1458 Words   |  6 Pagescontemporary international system and contemporary international law, the regulation of relations between sovereign states, by defending various principles that she claims will be violated by the potential formation of a â€Å"world government†. The principles that Delsol defends in response to recent steps toward a universal state are found in the works of modern thinker, Emer de Vattel, and medieval thinker, Thomas Aquinas. Furthermore, her critique of contemporary international law is complimentaryRead MoreRespect For International Humanitarian Law1517 Words   |  7 PagesRespect for International Humanitarian Law Article 1 of the Geneva Conventions provides that States parties undertake to â€Å"ensure respect for the present Convention †. The same provision is repeated in Additional Protocol I in relation to respect for the provisions of that Protocol . It further provides that in the event of serious violations of the Protocol, States parties undertake to act, jointly or individually, in cooperation with the United Nations and in conformity with the Charter of the UnitedRead MoreInternational Law On Sexual Violence1573 Words   |  7 PagesInternational Law on Sexual Violence in Congo Roody Mossimi Dr. Bruce Stanley Politics of International Law INR 6210 15th December 2015 Richmond the American international University in London This essay will discuss about the problems within international law which revolves around sexual violence and using the Democratic Republic of Congo as a case study. In addition, the essay will explain about who is accountable, how to obtain witnesses and provide recommendationsRead MoreEssay about International Laws766 Words   |  4 PagesFirst coined by English philosopher Jeremy Bentham, international law is customarily recognized as the law that regulates the affairs between sovereign states, the foremost issue of international law. Public international law only concerns itself with the issues of rights involving a number of nations, or nations and its people, or matters of other nations. It differs from private international law, which deals with dissimilarity between private individuals, natural and/or juridical, by developingRead MoreOrigin of International Law5357 Words   |  22 PagesORIGINS OF INTERNATIONAL LAW PRELUDE: Man is a social animal, in the past it has been living in caves, as the time passed man gradually became civilized and started living in communities. In past there were no laws and rules to be followed by the human being. In the long march of mankind from the cave to the computer a central role has always been played by the idea of law- the idea that order is necessary and chaos inimical to a just and stable existence. Every society has a framework ofRead MoreInternational Law And National Levels2501 Words   |  11 Pagesexamine international law’s response to addressing the challenges posed by environmental concerns. Moreover, the author will provide a critical analysis of the sources of international environmental law and the mechanisms for enforcing environmental laws, in order to gauge the effectiveness of environmental laws and the corresponding enforcement mechanisms. The author of the essay will first briefly discuss the sources of International environmental law and the mechanisms for enforcing such laws. Thereafter

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.