First 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 developing from circumstances that have a noteworthy relationship to more than one nation. (Brownlee, 2008)
International law contains the necessary and typical notions of law in the national legal systems – “status, property, obligation, and tort.” (Hall, 2010) According to Ian Brownlee, this also incorporates substantive law, procedure, process and remedies. (2008) International law is deep-seated with the agreement of the nation states which represents the system. There are six major essential sections of international law: international economic law, international criminal law, international environmental law, international security law, international humanitarian law (or law of war), diplomatic law and international human rights law. (Hall, 2010) However, conventional and customary laws are the primary sources of international law.
Customary law and laws that are set by an international understanding have an equivalent authority just as international law. (Schmidt, 2008) Political parties may allocate a higher precedence to another source by way of agreeance. Conversely, various rules of international law are acknowledged by the international population as “authoritative, allowing no exemption from the rule.” (Brownlee, 2008) Such rules...
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... multilateral agreements that govern the interactions of nations and international businesses and the nongovernmental organizations worldwide. Without such laws and organizations, many societies would end up with extremely corrupt governments and the risk of being in a continuous war with other nations would be highly probable.
Works Cited
Brownlee, I. (2008). Principles of public international law. Birsfelden: Oxford University Press.
Hall, K. (2010). Jus gentium- law of nations. Unpublished manuscript, Department of Law, Harvard Law School, Cambridge, Massachusetts. Retrieved from http://www.law.harvard.edu/index.html
Schmidt, S. (2008). What are the causes of international conflicts?. Mason: Cengage Learning Publications
Un public administration programme. (2010). Retrieved from http://unpan.org/DPADM/Home/tabid/420/language/en-US/Default.aspx
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
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.
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
To start with, we may not live in England, but the language we speak is supposed to be English. So, one would think that a person would have no problem speaking this language at the workplace unless the job calls for a different language, This is not so. Countless people have challenged this policy of several different companies and this is what I will be discussing, in English. First, most of the workers speak English, maybe not as a primary language, but speak it to the best of their ability. This policy, to speak only English at the workplace, was completely and totally law-abiding since all the employees spoke English. Now, the employer did not say they could not speak Spanish during their break times. Only that while they were working, they were to speak English. This problem happens a lot in the Army because Hispanics' make up a considerable part of our Army. This problem should not come up though, because it is the United States Army. The US speaks English as its primary language. In the Army however, we can make a correction because if it is not directly related to the job, it should not be happening. It still does however, because it has become commonplace. Second, many employees speak Spanish and English, so these employees are bilingual.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
It is therefore no longer is it credible for a state to turn its back on international law, alleging a bias towards European values and influence. All that humankind now requires to bring about the elusive, but eternal, dream of perpetual peace is a global citizenship based on a strong commitment to principles of equity and democracy grounded in civil society.
Members of The United Nations have a duty “to maintain international peace…in conformity with the principles of justice and international law.”[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights’ norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the Chinese Legal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.
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...
Every nation has their own set of legal strategies they use to guide them in making important decisions. Each nation has its traditions and policies they follow. Through the world, there are two main types of legal systems that are used; most nations follow either common or civil law. Both the common law system and the civil law system share similarities in having courts, judges, and comparing cases to laws. While both systems share similarities, they also contain many differences, making them two very divergent legal systems.
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
International organizations create space for its members to coordinate interests and actions which helps promote interdependent relationships among them and strengthens their legitimacy. As society has progressed, it has globalized, and in the past 50 years states have had to address their growing dependence, especially in the economic sector. The World Trade Organization (WTO), is an institution which has an immense impact on the international political economy and the way states function within the international system. It organizes agreements and treaties which govern how its members decide policies, tariffs, and keeps states accountable for their actions. For example, the General Agreement on Tariffs and Trade (GATT), determines how states can regulate their import and exports. (Hurd 2014,
States are left with a wide discretion, limited only by prohibitive rules and wherein no such prohibitive rules exist, States have the freedom to adopt the principles that it regards as best and most suitable. The ICJ effectively held that acts or omissions that are not prohibited under international law are
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