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Relevance of international law
Relevance of international law
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Compliance to International Law
International Law (IL) is “a body of principles, customs, standards, and rules recognized as effectively binding obligations by sovereign states in their mutual relations.” International Law presents the rights and obligations for all its actors, like the states, intergovernmental international organizations (IGOs), and non-state actors, such as non-governmental organizations (NGOs), Multinational corporations (MNCs), and even individuals. IL covers a wide range of issues that are considered significant on the international scale, depending on the actor or actors it concerns. In International Law there is no centralized coercive power that facilitates cooperation and compliance among the actors. Even with this reality, most nations respect and comply with International Law. This leads us to question: with numerous high-stake issues and with no reliable source to enforce IL amongst the many actors, how does International Law induce compliance? There are many
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Scholars of different theories will debate on which condition is more important than the other, but no one condition is sufficient to induce compliance. When explaining why states and other actors comply to IL when there is nothing in IL that is truly binding, the best explanation is a synthesis of the many theories and what conditions that are required to facilitate compliance. Hence, states compliance to International Law is factored by key conditions, such as moral and self-interest basis, to garner legitimacy, the expectation of reciprocity, the respect of law, and domestic pressure. Through a synthesis of the many lenses of International Law, we can look at IL more clearly and explain why states comply to IL in the absence of a centralized enforcement
According to realist view ordering principle of the international system is based on anarchy. There is no higher authority other than the states themselves to check and balance their actions. Consequently, nation-states are the main players in this system. In other words, sovereignty inheres in states, because there is not a higher ruling body in the international system. This is known as state centrism. Survival is an obligation continuing to be sovereign. On the other hand, sovereignty is the characteristic feature of states and its meaning is strongly tied to use of force. According to the most of the realist variants, states are “black boxes”; the determinative factor is states’ observable behavior, not their leaders’ characteristics, their decision making processes or their government systems.
The first element of international law is state practice. There are certain behaviors that are regarded as customs once they are practiced by a substantial amount of states over a prolonged period of time. However, it is important to note that this stand...
Treaties are the highest source of international law besides jus cogens norms that have binding effect on the parties that ratify them.2 International human rights treaties rely on the “name and shame” mechanisms to pressure states to improve practices.3 However with “toothless” international human rights norms, moral coercion is not always effective. An empirical study conducted by Professor Oona Hathaway assessing the effect of human rights treaty ratification on human rights compliance, maintains in its findings that ratification of human rights treaties has little effect on state practices.4 States do not feel pressured to comply and change their practices, rather, signing treaties is “more likely to offset the pressure rather than augment it.”5 So, is it time to abandon human rights treaties and remit protection of human right to domestic institutions. Hathaway posits elsewhere that despite this treaties “remain an indispensable tool for the promotion of human rights.”6 Instead of getting rid of the treaty system, it is necessary to enhance the monitoring and enforcements mechanism to strengthen the human rights regime to ensure compliance.7 This article evaluates the extent to which international law serves as a useful tool for protection of human rights.
However, Hedley Bull, in his most famous analysis ‘The Anarchical Society’, rebuts these realist criticisms, writing about the primacy of International Law and insists that it is a ‘negligible factor in the actual conduct of international relations’ alongside the fact that states ‘so often judge it in their interests to conform to it’. This directly opposes the idea that realists put forward, as it suggests that states are actually inclined to adhere to international law, and it is crucial to the success of it. Although there is an element of truth in realists’ analyses, it is not to the extent of which realists contend and it should be noted that they fail to acknowledge the fact that the favourable conditions order would bring serves an incentive for states to cooperate within the realms of an international society. Furthermore, realist critiques do not actually deny the existence of an international society, but there critiques revolve around an evaluation of its effectiveness. Opposing the popular conception of neo-realists that the current political climate consists of an anarchical system with all else following from this by chance, therefore assuming that it is a contingent, is Brown’s emphasis on there being ‘a reason we have and need an international society’: to achieve a good amongst all states. This is shown by international organisations such as the European Union and United Nations, the latter of which has the ability to impose sanctions and other punishments on states if it does not adhere to international laws. The United Nations mandate explains how it seeks to ‘save succeeding generations from the scourge of war’, as it was initially born out of the League of Nations which was set up after the end of World Wa...
...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).
“On November 21, 1947, the General Assembly of the United Nations adopted resolution 174 (II), establishing the International Law Commission and approving its statute.”[2] The International Law Commission encourages the development of international law and its codification. The Commission deals primarily with public international law, but also hears private cases as well.[3] International law is applied within an international community, such as the United Nations, and functions to define the proper norms or standards for members to abide by in a collective manner. Examples of such standards could be a ruling on The Universal Declaration of Human Rights or on threats to peace within the International Community.
People’s ideas and assumptions about world politics shape and construct the theories that help explain world conflicts and events. These assumptions can be classified into various known theoretical perspectives; the most dominant is political realism. Political realism is the most common theoretical approach when it is in means of foreign policy and international issues. It is known as “realpolitik” and emphasis that the most important actor in global politics is the state, which pursues self-interests, security, and growing power (Ray and Kaarbo 3). Realists generally suggest that interstate cooperation is severely limited by each state’s need to guarantee its own security in a global condition of anarchy. Political realist view international politics as a struggle for power dominated by organized violence, “All history shows that nations active in international politics are continuously preparing for, actively involved in, or recovering from organized violence in the form of war” (Kegley 94). The downside of the political realist perspective is that their emphasis on power and self-interest is their skepticism regarding the relevance of ethical norms to relations among states.
The international system is an anarchical system which means that, unlike the states, there is no over ruling, governing body that enforces laws and regulations that all states must abide by. The International System in today’s society has become highly influential from a number of significant factors. Some of these factors that will be discussed are Power held by the state, major Wars that have been fought out in recent history and international organisations such as the U.N, NATO and the W.T.O. Each of these factors, have a great influence over the international system and as a result, the states abilities to “freely determine their political status and freely pursue their economic, social, and cultural development”.
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...
...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.
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.
IOs and states play a critical role in maintaining world peace and security. The United Nations (UN), in particular, is the centerpiece of global governance with respect to the maintenance of world peace. The UN provides general guidelines for all the states on how to solve potential conflicts and maintain international o...
The rule of law requires compliance by the state with its obligations in International law.