Even after decades of relatively established pattern for the relations between the states there is still an ambiguity on the issue of state sovereignty. To which extent its’ violation could be justified? In the study of International Relations there are two major perspectives on the legitimacy of such actions, they are: liberal and realist. Whilst former advocates for this measures when the state itself violates human rights of the citizens and extended intervention is required (Kegley, 259), latter claims that the state sovereignty is the central assumption of this theoretical framework (Kegley, 28) and the actions that might infringe it are not legitimate. 2011 military intervention in Libya, intended to cease Gaddafi’s regime (UNSC), can demonstrate both of these perspectives. Moreover, it particularly highlights the presence of peacemaking actors’ responsibility to protect the human rights of civilians. Nevertheless, both realist and liberal perspectives include the legitimacy of violation of the state sovereignty and at the same time reveal illegitimacy of this issue.
The liberal theory emphasises the importance of non-state actors such as the political institutions, Nongovernmental Organisations (NGOs), Intergovernmental Organisations (IGOs) in world politics decision-making. All of them should act according to the public international law which regulates the government-to-government relationships (Kegley, 400). Thus, when Libyan government started to suppress the riots and demonstrations of civilian population by the military means the international community became cautious about the outcomes of such policies (UNSC). Moreover, when the government failed to respond for the calls to stop the violence, the response of the Un...
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...ng of international law’s efficiency.
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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...
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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.
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