Is International Law Really Law?

1727 Words4 Pages

What is international law and is international law really considered to be law; the answer to these questions can be found in the examples of different international resolutions. Some of these examples of when the law has been followed and upheld can be called law can be found in the examples of New Zealand v. France with the bombing and sinking of the Greenpeace vessel. Another example can be seen in the case of the Islamic Republic of Iran v. Untied States of America in regards to the United States shooting down an Iranian commercial aircraft. There also is an example in the case of New Zealand v. France where the law was not followed so could this still be considered law.

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...

... middle of paper ...

...
April 04, 2014)

Ed. Rajaee, Farhang. 1993. The Iran-Iraq War: The Politics of Aggression. Gainesville:

University Press of Florida.

International Court of Justice. 1989. Islamic Republic of Iran v. United States of America

http://www.icj-cij.org/docket/files/79/6623.pdf. (Accessed April 4, 2014)

Pugh, Michael.1987. “Legal Aspects of the Rainbow Warrior Affair.” The International and

Comparative Law Quarterly Vol. 36 (No. 3): 655–669.

Rainbow Warrior. 1990. New Zealand v. France. France- New Zealand Arbitration Tribunal.

http://www.iilj.org/courses/documents/RainbowWarrior.pdf (Accessed April 6, 2014).

Veitch, J. (2010). A sordid act: the Rainbow Warrior incident. New Zealand International

Review, 35(4), 6-9.

Wright, Robin. “Iranian Boats May Not Have Made Radio Threat, Pentagon Says.”

Washington Post. 11 January,2008.

Show More
Related

  • The Rifle John Byam

    736 Words  | 2 Pages

    Next in 1899, 1907, 1954 the International Peace Convention (originally The Hague Convention) where held because, in the last wars multiple cultural, art, literature and artifacts pieces were destroyed. Also, the community notice the rise in technology of weapons. The rules of war from the two convention consist of National and Cultural Symbols, Chemical and Biological warfare, Wounded and Sick Soldiers, POW (Geneva III), Civilians and Occupation, and Cultural Property. All of those are rules of war and the are severe consequences if they are broken. The United Nations and International Court of Justice (also known as the World Court) will take care of war crimes. Multiple other organizations were made by the U.N. to take care of certain wars for people such as, Nazi's and The Civil war in Yugoslavia. All countries are suppose to respect and follow the rules of war no matter the

    Read More

  • Customary International Law In Australia

    1669 Words  | 4 Pages

    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.

    Read More

  • International Relations

    2631 Words  | 6 Pages

    ...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).

    Read More

  • The Enforcement of International Law

    4713 Words  | 10 Pages

    “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.

    Read More

  • What Are The Pros And Cons Of The International Criminal Court

    615 Words  | 2 Pages

    The International Criminal Court (ICC) is a court of last resort; it is an intergovernmental organization aimed at bringing to justice individuals charged with crimes of international concern such as war crimes, crimes against humanity, and genocide. It is a relatively new organization established in 2002. The ICC prosecutes criminals who have not been tried by their own national judiciary system or feel have been unrightfully protected by their national government removing an individual from criminal responsibility. The ICC is not a mandatory organization all countries must be a part of, it is only valid in countries that have decided to ratify the treaty of the Rome Statute. There are currently 124 countries in which the ICC has legal jurisdiction.

    Read More

  • Robertson Legal Rules

    1008 Words  | 3 Pages

    Choosing opinion that describe law the best is a complex task, due to difference of opinion, knowledge and others. Based on Geoffrey Robertson law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a society stick fast to the will of the state. State enforced laws can be made by a collective legislature or by a single legislator, by the executive through decrees and regulations, or established by judges through precedent.

    Read More

  • Example Of Mores Research Paper

    294 Words  | 1 Pages

    A law is a civilizations preferred behaviors that are protected, enforced and punished by a system of rules. When a behavior has been intentionally violated by action, penalties / punishments would be implemented by an in authority of that

    Read More

  • Public International Law

    1772 Words  | 4 Pages

    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...

    Read More

  • The Lotus Case: The Case Of The Permanent Court Of International Law

    1681 Words  | 4 Pages

    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.

    Read More

  • The Ukranian Crisis: Extradition of Viktor Yanukovich

    1358 Words  | 3 Pages

    Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.

    Read More

  • Roles And Functions Of Law In Business And Society

    897 Words  | 2 Pages

    According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.

    Read More

  • Purpose Of The International Criminal Court (ICC)

    1712 Words  | 4 Pages

    The International Criminal Court (ICC) is an intergovernmental organization that functions as a judicial body that prosecutes crimes relating to genocide, war crimes, major human rights violations, and crimes against humanity. This court addresses mass atrocities committed by individuals that states have chosen not to prosecute (Roth, 1). The ICC was founded by the ratification of the Rome Statute of the International Criminal Court in 2002. One hundred and twenty-four states ratified the Rome Statute, therefore, all ratifying states became members of the ICC. The purpose of the ICC is to function as a last-resort option for victims that cannot find justice in their own state and as a deterrent to leaders who do not fear domestic prosecution

    Read More

  • Subjects of International Law

    1121 Words  | 3 Pages

    First of all, we need to know the definition of the subjects of international law. In the perspective of legal theories, to identify the subjects of international law must be based on these following basic signals: The participation in international legal relations that be adjusted by the international law; having the will of independence in international activities; having a full rights and obligations severally toward other objects under the scope to adjust of international law; ability of shoulder the international legal responsibility for the acts executed by object. Generally, objects of international law are the entities that are participating in, or may have the ability to participate in the international legal relations independently. They have the full legal international rights and obligations for the acts executed by object.

    Read More

  • Significance Of Law: The Importance Of Justice And Fairness In Society

    1966 Words  | 4 Pages

    "Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority." (John Austin). "Law is the cement of society and also an essential medium of change. Knowledge of law increases someone understanding of public affairs. Its study promotes the accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values". (Glanville Williams). In other word, law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. The purpose of law is to

    Read More

  • Rule Of Law Essay

    1020 Words  | 3 Pages

    The rule of law requires compliance by the state with its obligations in International law.

    Read More

More about Is International Law Really Law?

Open Document