Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Merit of international law
Merit and demerit of international law
Merit and demerit of international law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Merit of international law
Politics is often defined as “the pursuit of... and competition for political power” (Djeudo, 2013: 54). This hints at the notion that power is of paramount importance with regards to politics and hence, it is in every state’s interest to pursue power. Therefore, since international law is cumbersome to the pursuit of power, it has no role in foreign policy. However, I would argue that contrary to popular belief, international law is not an “unnecessary distraction” as it helps pursue soft power. In international politics today, soft power is favoured over hard power and hence, I would even argue that international law is a necessary tool in foreign policy. To better facilitate the discourse, I would like to establish certain perimeters. In this paper, soft power is defined as “the ability to get what you want by attracting and persuading others to adopt your goals” (Nye, 2003) while hard power is defined as “the ability to use the carrots and sticks of economic and military might to make others follow your will” (Nye, 2003). Hence, soft power concentrates on building positive relations with other states, whereas hard power can be said to be more antagonistic and hardhanded, which is counter to what international law stands for. In this sense, international law supports the expansion of soft power more than that of hard power. I would also like to borrow the United Nation’s (UN) definition of international law, which is that “international law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries” (United nations global, n.d). Arguably, international law hampers the pursuit of hard power as it presents obstacles which aim to curb aggression and ... ... middle of paper ... ... economic sanctions and poorer relations, are more dire then commonly perceived and could handicap a state’s expansion of both soft and hard power. Thus, it would be prudent to adhere to international law, or at least, give the impression of doing so. Hence, this highlights the importance of international law in foreign policy and the pursuit of both hard and soft power. In essence, I would argue that contrary to common perception, international law is of paramount importance to foreign policy. This is because although international law curbs the expansion of hard power, it promotes the pursuit of soft power. In the international arena today, soft power trumps hard power and hence, I would argue that international law is more important than ever. Therefore, it is certainly not an “is an unnecessary distraction from the pursuit of power in the international arena”.
There continues to be a growing debate to this day over the use of international law in the Supreme Court, and even though the case of Roper v. Simmons and Justice Kennedy, are nearly a decade old, they are both frequently
The United Nations General Assembly 36-103 focused on topics of hostile relations between states and justification for international interventions. Specifically mentioned at the UNGA was the right of a state to perform an intervention on the basis of “solving outstanding international issues” and contributing to the removal of global “conflicts and interference". (Resolution 36/103, e). My paper will examine the merits of these rights, what the GA was arguing for and against, and explore relevant global events that can suggest the importance of this discussion and what it has achieved or materialized.
Vinjamuri, Leslie. “Deterrence, Democracy, and the Pursuit of International Justice.” In Ethics and International Affairs 24:2 (2010): 191-211.
Shiraev, Eric B., and Vladislav M. Zubok. International Relations. New York: Oxford University Press, 2014.
Nye, Jr., Joseph S. “Hard and Soft Power in American Foreign Policy.” In Paradox of American Power. Oxford: Oxford University Press, 2002. 4-17. Print.
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”.
Schmidt, B. C. (2007). Realism and facets of power in international relations. In F. Berenskoetter & M. J. D. Williams (Eds.), Power in world politics (pp. 43-63). London: Routledge.
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...
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?
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 rule of law requires compliance by the state with its obligations in International law.
Whenever world politics is mentioned, the state that appears to be at the apex of affairs is the United States of America, although some will argue that it isn’t. It is paramount we know that the international system is shaped by certain defining events that has lead to some significant changes, particularly those connected with different chapters of violence. Certainly, the world wars of the twentieth century and the more recent war on terror must be included as defining moments. The warning of brute force on a potentially large scale also highlights the vigorousness of the cold war period, which dominated world politics within an interval of four decades. The practice of international relations (IR) was introduced out of a need to discuss the causes of war and the different conditions for calm in the wake of the first world war, and it is relevant we know that this has remained a crucial focus ever since. However, violence is not the only factor capable of causing interruption in the international system. Economic elements also have a remarkable impact. The great depression that happened in the 1920s, and the global financial crises of the contemporary period can be used as examples. Another concurrent problem concerns the environment, with the human climate being one among different number of important concerns for the continuing future of humankind and the planet in general.