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The role of criminal law
The role of criminal law
The role of criminal law
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Introduction
The current paper identifies the particular issues of substantive and procedural law in cases of use of force against states. Submitted for assessment are all the legal issues related to the United Nations (UN) and the International Court of Justice (ICJ), with reference to four specific cases: the United Kingdom of Great Britain and Northern Ireland vs. Albania, Nicaragua vs. the United States of America, the Democratic Republic of Congo vs. Uganda and lastly, the Republic of Guyana vs. the Republic of Suriname.
The essay is divided into six sections, each of them related to a different legal topic. The first two sections will briefly discuss the characteristics of procedural and substantive law. The following section will outline the differences existing between the two kinds of law mentioned previously. Special attention will be given to the definitions of the norm of structural coherence and appeal to strength. The essay will end with an assessment of the legal issues raised when either resorting to the United Nations (UN) or going in front of International Court of Justice (ICJ), in order to resolve a dispute over the alleged employment of non-diplomatic solutions by one Country against the statal coherence of another Country.
Substantive law
The concept refers to written or statutory law , which establishes the definitions for duties and rights, and is divided into two other subcategories: criminal and civil law. Crimes and punishments enter in the category of criminal law, while rights and responsibilities are part of civil law. A broader interpretation of substantive law encompasses creation, definition and regulation of rights. In a nutshell, it is related to the fundamental substance of all rights under law...
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...l prerogative of self-protection.
References
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ARBITRATION UNDER ANNEX VII OF THE UNITED NATIONS CONVENTIONS ON THE LAW OF THE SEA. “Republic of Guyana v Republic of Suriname” 2006. Accessed 11 November 2013 http://arbitrationlaw.com/files/free_pdfs/Guyana%20v%20Suriname%20-%20Rejoinder%20Vol%201.pdf
AIZENSTADT, Alexander, 2011. Guyana v Suriname Boundary Arbitration. Max Plank Encyclopedia of Public International Law.
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DINSTEIN, Yoram, 2005. War, Aggression and Self-defense, 4th edition. Cambridge: Cambridge University Press.
Schneider, Jan. "The Gulf of Maine Case: The Nature of an Equitable Result." American Journal of International Law 79:3 (July 1985): 539-577.
Simmonds C., ‘Paramountcy and the ECHR: a conflict resolved? [2012] Cambridge Law Journal Vol. 71 Issue 3, 498-201
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
Humanitarian intervention after the post-cold war has been one of the main discussions in the International Relation theories. The term intervention generally brings a negative connotation as it defines as the coercive interference by the outside parties to a sovereign state that belongs in the community. The humanitarian intervention carried out by international institutions and individual sovereign states has often been related to the usage of military force. Therefore, it is often perceived intervention as a means of ways to stop sovereign states committing human rights abuse to its people. This essay will focus on the key concepts of allowing for humanitarian intervention mainly in moral and justice in international society. This essay will also contribute some arguments against humanitarian intervention from different aspects of theories in International Relation Theory.
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.
For the past 200 years, Colombia and Nicaragua have been disputing ownership over the maritime border near San Andrés, Providencia, and Santa Catalina. After originally being under Colombian control, the ICJ extended Nicaragua’s maritime borders. However, Nicaragua’s intentions are purely economic while Colombia’s are more vested in the culture and wellbeing of both the natives and the environment. Therefore, the ICJ should return the maritime sovereignty to Colombia.
Laver, R. C. (2001). The Falklands/Malvinas Case: Breaking the Deadlock in the Anglo-Argentine Sovereignty Dispute. Developments in International Law , 40, 66-71.
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.
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.
Leslie G. Scarman, ‘Codification and Judge-made Law: A problem of co-existence’ [1967] 42(3) Indiana Law Journal http://www.repository.law.indiana.edu/ilj/vol42/iss3/3 accessed 12 February 2012
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,
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...
Magno, A., (2001) Human Rights in Times of Conflict: Humanitarian Intervention . Carnegie Council for Ethics in International Affairs, 2 (5). [online] Available from: [Accessed 2 March 2011]
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
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...