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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 ...
... middle of paper ...
...)). 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/
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institution of law, and when those laws grow of necessity to address the issues of our
This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.
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.
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.
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,
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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.
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The rule of law requires compliance by the state with its obligations in International law.