Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Is international law a law
Is international law a law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Is international law a law
This essay will try to discuss the above statement in the context of the nature of international law in the unipolar world. Firstly, the basic definitions will be placed into the essay such as the definition of international law together with its sources, questions on it and the definition of the unipolar world.
Secondly, we hereby will try to analyze why states, including the hegemon power, comply with the rules of international law in the unipolar world with the specific instances.
Finally, a comparison will be put forward between the unipolar world and today’s world in terms of the implementation of the obligations under international law, since the development of international law and accepted norms does not compel the states to comply all the time. Louis Henkin’s book, How Nations Behave, articulates the extent of compliance. He argues, “Almost all nations observe almost all principles of international law and almost all of their obligations almost all the time.”
INTRODUCTION
In the long march of mankind from the cave to the computer, a central role has always been played by the idea of law. Every society, whether it is large or small, powerful or weak, has created for itself a framework of principles within which to develop. Now, as a result of modern technology, communication, transportation and more, the evolving process of Globalization, “The internationalization of the world”, has provided an opportunity for international law and accepted norms to reach every corner of the globe.
Traditionally, international law consisted of rules and principles governing the relations and dealings of nations with each other, though recently, the scope of international law has been redefined to include relations between states and i...
... middle of paper ...
...hich was significantly “Unipolar”. The US has enjoyed a prominent status and role since then; its economy grew with tremendous pace, its military strength has been unmatched, its political influence in the international affairs has been uncontested, and its ideology of democratic principle earned its world leadership. Unipolarity was empirically refuted by the failure of the US-led “coalition of the willing” in the Iraq war. Many international legal scholars and foreign governments have argued that the recent war in Iraq violated international law. However, no state and no treaty could impose sanction on US.
On the diplomatic front, the US could not obtain approval from the United Nations Security Council (UNSC) for going into war in Iraq. The issue of pre-emptive war divided the US and the UK from their European partners — France and Germany — and other global
Steven Hook and John Spanier's 2012 book titled “American foreign policy since WWII" serves as one of the most important texts that can be used in understanding the underlying complexities on American foreign policies. Like the first readings that are analyzed in class (American Diplomacy by George Kennan and Surprise, Security, and the American Experience by John Lewis Gaddis), this text also brings history into a more understandable context. Aside from being informative and concise in its historical approach, Hook and Spanier also critiques the several flaws and perspectives that occurred in the American foreign policy history since World War II.
In no field other than politics does the justification for action often come from a noteworthy event and the true cause stays hidden behind the headlines. The United States’ transformation from a new state to a global superpower has been a methodical journey molded by international conditions (the global terrain for statecraft), the role of institutions and their programmed actions, and ultimately, the interests of actors (the protection of participants in making policy’s items and i...
The author’s reasons for this are that the United States is the most powerful nation economically and technologically, in addition to having the most powerful army. This makes it difficult for one to argue with the unipolarity of the U.S. I believe that unipolarity exists, but I disagree with the suggestion that it is stable, as the stability of a system largely depends on the leadership, and within a unipolar system leadership will be all the more integral to the existence of the system. This is especially in a country such as the United States, as the leadership changes every four to eight years and the tactics used to deal with hegemony will change with those leaders, thus creating an unstable
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.
Solution." Indiana Journal Of Global Legal Studies 18.2 (2011): 901-927. Academic Search Complete. Web. 26 Apr. 2014.
In order to do that, first, the essay will define what understand by “jurisdiction” and the elements of the extraterritorial jurisdiction. Next, it analyses some key decisions and advisory opinion from the International Court of Justice and the European regional system in order to prove that extraterritoriality jurisdiction is already applicable and therefore, if the State fails to guarantee the rights contemplated in the human rights treaties, it incurs in international responsibility. Lastly, the essay will sum up the analysis and make some final remarks.
The criteria concerning the legal personality of an international organization: the communion between countries that are permanent, with the appropriate destination or contrary contrary to the applicable law, apply, and comes equipped with Organs organ. Separation or distinction in the legal authority nor the intent and purpose of international organizations is itself on the one hand by its member states. Rule of law can be implemented by the international organization itself, not just in relation to the national legal systems of one or more countries, but also at the international
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...
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...
Before we delve deeper into this topic, it is imperative to properly provide a definition of sovereignty and lay down some foundation on this topic. There are four different definitions of sovereignty – international legal sovereignty, Westphalia sovereignty, domestic sovereignty and interdependence sovereignty. International legal sovereignty deals with “the practices associated with mutual recognition, usually between territorial entities that have formal juridical independence” (Krasner 4). The main definition of sovereignty that this paper will use is the ...
The foundations that universal jurisdiction stood on were indeed ‘shaky’, those foundations have caused its application to become disjointed and leave question marks over the legality of the principle. Throughout the following paragraphs I will look at those foundations and the principle that was built around them, study the main issues, namely the legality of its application and prerequisites to applying universal jurisdiction and the problems pertaining from them. After this I will also look at how academics, politicians, governments and cross governmental organisation are attempting to correct the issues.
When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.
The rule of law requires compliance by the state with its obligations in International law.
Understanding the significance of the UNSC is crucial for the governments and non-state actors. The international theory and law are crucial in examining the approaches taken by the UNSC in addressing the global challenges, particularly insecurity and international disputes. Specifically, the role of UNSC cannot be underestimated considering the magnitude of security threats experienced in the world. The body seeks to promote open, just and respectable relations in the globe. Further, the body has great consideration of law as the fundamental rule of conduct between nations through maintenance of justice and a careful respect for all citizens. Conceivably, there is a strong desire to avoid more conflict through amicable resolution of both the national and international disputes. The success of U...