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strength of international laws
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Introduction:
International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other.
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
Some say that international law has failed to serve its purpose as International legal system, created to supervise relations of states, and achieve fairness between states in the international community. Some may even argue that International law is now controlled by states and reflects the character of society rather than the opposite. But to how extent is this true? Does international law set the rules for nations to abide by, creating a pattern of behavior followed by societies or has it merely become a mirror reflecting the behavior and practices of societies and controlled by it?
In this paper, I will attempt to show that while it is true that International law reflects the character of the society, it would be also correct to say that the opposite is correct.
The Development of the Modern International Law
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
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...)). As the society is constantly changing and developing, international law is also in constant development, and with time, it came to reflect the legal relations between non-states such as companies and individuals, as well as relations between states, it is being shaped into a new system which is more involved in the structure of the society itself and not only based on state sovereignty.
Bibliography
• Janis M., Introduction to International law, ch.1
• I. Lukashuk, the system of fundamental principles of international law vol.2,1989 (in Russian)).
• Dixon., International Law., ch1
• http://www.un.org/law/
• http://en.wikipedia.org/wiki/International_law
• http://www.ohchr.org/english/law/
The Legalist Paradigm represents the dominant thinking in the international law of armed conflict. It is an attempt to outline a theory of aggression, and a basis of judgment on the just or unjust nature of a war. It places its claim and is based on six fundamental principles: firstly, that there exists an international society of independent states made up of individuals, secondly that members of the international society have the right to political sovereignty in addition to territorial integrity, that any use of force or imminent threat of force by one state against another constitutes aggression and is criminal, that violence is justified to defend or as a means of law enforcement by a victim or any other member of the international society,
International law can go through substantial changes if the privileged legal subjects, states, share a common will. Whenever the circumstances are such, the actors can convene a conference and after a series of negotiations, they might conclude an international agreement among themselves resulting in a new setup of international law. From a procedural point of view, therefore, it is rather simple to ‘make’ international law. If the substantive elements significantly overlap (i.e. common denominator of state interests), international law can be altered in line with the will of the parties. This essay deals with four such fields which have significantly been modified during the post-1940 period: human rights, environmental law, law of the sea, and space law. The first two are of particular importance as they have overarching effects in relation to other legal fields.
institution of law, and when those laws grow of necessity to address the issues of our
Hans-Peter Gasser, “The Changing Relationship between International Criminal Law, Human Rights Law and Humanitarian Law,” The Legal Regime of the ICC: Essays in Honour of Prof. I.P. Blishchenko (2009) pp. 1111-1117.
The ICTY Appeals Chamber’s decision has certainly developed and refined international humanitarian law and international criminal law. The legal findings of the chamber are sound interpretations of existing laws, which are important issues and need to be properly clarified. The resultant redefinition of the concept of protected persons contra legem and the blurring of the distinction between international and non-international armed conflicts are well meant. The Court’s affirmation that the responsibility of the perpetrators or participants in international crime closes the gaps in criminal responsibility and relates to an important moral imperative.
International law consists of international agreements to which countries have approved upon to be bound. Customary principles, which have been recognized by the international community as being ‘law’ and general principles of that law, are accepted by nations. However the problem lies when unlike domestic law, as there is no system of punishment or police to enforce international law if a country acts unlawful. If a country breaks international law, The international community has two options; they can chose to wither take military force against it, but evidently this happens extremely rare in practice or act through
The establishment of International Criminal Tribunals greatly impacts both monist and dualist states reshaping their national law. The affect on national law directly affects the behavior of states. This new and evolving legal dynamics substantially alters the landscape of international relations and it is of vital importance that its impact is inspected. The fact that nationals and non-state actors are becoming agents in shaping international legal process touches upon very nature of states sovereignty and their role in international law. States have becoming increasingly aware that their international prestige depends on the compliance to international justice mechanisms- extradition of their nationals, waiving immunity of their officials and submitting them to supra-national institutions is seen as a painful encroachment on their national discretion.
The Lotus case garners attention due to the fact that it was among the first cases dealing with whether jurisdiction was assumed in accordance with principles of international law. While the Lotus case was heard in the context of criminal jurisdiction over a collision in the high seas, the Lotus principle has been applied in a variety of other cases in varying contexts. For this reason, the judgment of the Permanent Court of International Justice is critiqued for specifically answering only the question in the special agreement as the continued application of the Lotus Principle as a general principle in other contexts such as anti-trust regulations may lead to ambiguous results.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. 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.
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
...onal human rights law and international humanitarian law, as well as the development within international criminal law needed to enforce IHRL and IHL and the international criminal law itself, and criminal law traditionally imposes obligation on individuals, and duties on states to sanction violations committed by individuals.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...