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Human rights are universally discussed
Human rights are universally discussed
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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. “Hobbes is famous for his early and elaborate development of what has come to be known as “social contract theory”, the method of justifying political principles …show more content…
The international law is influential when it also favors the strongest country, but those powerful states are also often the source of law. Most of the developing countries lack the power and incapable to retaliate effectively. In international law there is still power behind it that each state has its own self-interest in the international community. Certainly, the international law is mostly based on the Western notion. Most of the Western countries are the compliant of international law especially on human rights. However, the widespread acceptance of international law is a visible sign that it is not precisely based on Western. Each state has its own ability and freedom to exercise their sovereignty. With this status it is easy for the states to execute their own interest and neglect the regulation and sanctions created by international community like United
Hobbes’ theory on the condition of the state of nature, and government are not only more applicable today but his reasoning is far sounder than that of Rousseau. These concepts were significantly conditionally reliant. What Hobbes imagined was not a pre-societal period, rather he ...
The International Criminal Court’s Roman Statue has many problems but has still managed to gain enough support to act as an international law making body. The International Criminal Court has obtained the support of over a hundred nations, but the unwillingness of the United States to join could jeopardize the effectiveness of the Court. The foundation of the International Criminal Court is set up in the Roman Statue, which was drafted by many countries at a conference in Rome. The Statue states what crimes the Court has jurisdiction over and it explains the structure of the Court. The Statue illustrates that the main goal of the International Criminal Court is to prosecute the most serious international crimes. It is questionable whether the Court is achieving this goal. The Roman Statue restricts the International Criminal Court from prosecuting many crimes because the Court has a strict time frame of when crimes can be tried and limits the amount of countries under its jurisdiction. The United States does not support the content of the Statue and has taken actions to omit themselves from its jurisdiction. These actions could stop the Court from successfully accomplishing their goal. The International Criminal Court is not an effective international organization because of the language of the Roman Statue and its inability to gain essential participation of the most influential nation in the world, the United States, who fears being prosecuted and cannot accept lack of control.
Fundamentally, Aristotle’s and Hobbes’s principles represent two contradictory interpretations of the philosophy of human nature and why men gather and constitute government. For Aristotle, man is naturally a social and political animal, structured toward living in a community; whereas for Hobbes, it is natural for man to live for himself, and the state is an artificially created concept to prevent war. In the following essay, I will argue that Hobbes’s claim that the state of nature is a state
In sophisticated prose, Hobbes manages to conclude that human beings are all equal in their ability to harm each other, and furthermore that they are all capable of rendering void at will the covenants they had previously made with other human beings. An absolutist government, according to Hobbes, would result in a in a society that is not entirely focused on self-preservation, but rather a society that flourishes under the auspices of peace, unity, and security. Of all the arguably great philosophical discourses, Hobbes in particular provides one of the surest and most secure ways to live under a sovereign that protects the natural liberties of man. The sovereign government is built upon the idea of stability and security, which makes it a very intriguing and unique government indeed. The aforementioned laudation of Hobbes and his assertions only helps to cement his political theories at the forefront of the modern
In this essay, I will present three reasons as to why the absolute authority of the sovereign in Hobbes’s state of nature and social contract is justified. The three reasons Hobbes uses are: the argument from contract, the argument from authorisation and the argument from weakness of mixed or divided sovereignty. Firstly, I shall explain Hobbes’s understanding of human nature and the natural condition of humanity which causes the emergence of the social contract. I shall then analyse each argument for the absolute authority of the sovereign being justified. I shall then consider possible objections to Hobbes’s argument. I shall then show why Hobbes’s argument is successful and the absolute authority of the sovereign is justified.
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.
Hobbes, on the other hand argues that justice is needed for people to live together in civil society. He outlines this idea down to human beings in the
Thomas Hobbes and Jean-Jacques Rousseau developed theories on human nature and how men govern themselves. With the passing of time, political views on the philosophy of government gradually changed. Despite their differences, Hobbes and Rousseau, both became two of the most influential political theorists in the world. Their ideas and philosophies spread all over the world influencing the creation of many new governments. These theorists all recognize that people develop a social contract within their society, but have differing views on what exactly the social contract is and how it is established. By way of the differing versions of the social contract Hobbes and Rousseau agreed that certain freedoms had been surrendered for a society’s protection and emphasizing the government’s definite responsibilities to its citizens.
The main critics of Thomas Hobbes’ work are most often those with a more optimistic view of human nature. However, if one is to really look at a man’s actions in depth, a self-serving motivation can always be found. The main problem with Hobbes’ claims is that he does not account for the more Darwinian perspective that helping one’s own species survive is at the same time a selfish and unwar-like act. Thus his conclusion that without a governing body, we are essentially at war with one another is not completely true as years of evolution can help disprove.
...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).
The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction. The treaty creating this court, referred to as the stature of international court of justice, provides an option for member states to chose whether to be subjected to the court international compulsory jurisdiction or not. A state once it decides to be subjected to this compulsory jurisdiction is still at liberty of setting condition that will shield it against adverse implication of the subjection. This provision gives mainly powerful states undue advantage over less powerful ones when it comes to international matters. For instance they can easily decide not to attend the court proceeding, and if they attend they refuse to abide to the court ruling without facing serious implications .
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...
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.
The rule of law requires compliance by the state with its obligations in International law.