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Roles of international organizations
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Roles of international organizations
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Diplomatic law is a field of international law that governs all the diplomatic missions. A fundamental notion of diplomatic law is that of diplomacy among the states. Diplomacy includes negotiations between recognized agents. States are required to discuss terms with each other and respective international organizations. Diplomats are the Official representatives of a state in the territory of another. Their duty is to assist and protect the citizens of their respective countries, and to facilitate trade and friendship with the state they are assigned to. Previously, diplomatic law was parallel to customary law. However, early codifications of diplomatic law include the British Diplomatic Privileges Act 1708 (Hardy, 1968) A treaty which was in consideration of diplomatic law is the 1961 Vienna Convention on Diplomatic Relations. This treaty focused on the functional necessity of diplomatic privileges and immunities for the efficient conduct of international relations and the character of the diplomatic mission as representing its state. (Maginnis, 2002) As diplomatic relations exist ...
To understand the power struggle relating to foreign policymaking, it is crucial to understand what foreign policy entails. The Foreign Policy Agenda of the U.S. Department of State declares the goals of foreign policy as "to build and sustain a more democratic, secure, and prosperous world for the benefit of the American people and the international community." While this definition is quite vague, the actual tools of foreign policy include Diplomacy, foreign aid, and military force.
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.
There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding
45 Oona Hathaway, ‘Do Human Rights Treaties Make a Difference?’ (2003) 112 Yale Law Journal
Despite the international system being anarchical, it is not in a state of total chaos due to a number of significant factors such as those above. It is obvious that the current international system is highly influenced by many significant factors and some are more prominent than others. With the continued existence of international anarchy it is up to the States and the International Organisations to continue to make the decisions that are in their own best interest and to maintain order and an ever-improving way of life.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
allow for an uneventful stay in the host country. While in a foreign country on
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...
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...
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
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...
The study of international relations takes a wide range of theoretical approaches. Some emerge from within the discipline itself others have been imported, in whole or in part, from disciplines such as economics or sociology. Indeed, few social scientific theories have not been applied to the study of relations amongst nations. Many theories of international relations are internally and externally contested, and few scholars believe only in one or another. In spite of this diversity, several major schools of thought are discernable, differentiated principally by the variables they emphasize on military power, material interests, or ideological beliefs. International Relations thinking have evolved in stages that are marked by specific debates between groups of scholars. The first major debate is between utopian liberalism and realism, the second debate is on method, between traditional approaches and behavioralism. The third debate is between neorealism/neoliberalism and neo-Marxism, and an emerging fourth debate is between established traditions and post-positivist alternatives (Jackson, 2007).
The international law is the fundamental basis of sovereignty and equality of all states. It promotes peace, order, and justice to the international society. The effectiveness of the international law is also anchored to the international community whether they will follow or not. It is important that international community has rules and obligation to follow in order to prevent chaos in the society. The development of international law led to the understanding of different policies and sanctions for the states. It deals with conflict of the states to relieve destructive conflict. The international law is agreed upon by the international community but there is no enforcing body unlike in the domestic law. State has been relying to treaties and international agreements for the prevention of war.
The rule of law requires compliance by the state with its obligations in International law.
The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of charge negotiation, rehabilitation, mitigating factors and intensive corrective orders.