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International Court Of International Law Essay

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International Court Of International Law Essay
International courts, like all judicial courts, are seen as neutral parties to a dispute. International courts interpret international law and provide an
avenue for states to settle their differences. In court, each state should have equal power. The court should not take into account how large or powerful
a state is. Justice is supposed to be blind. However, in practice, state power does matter.
The International Court of Justice (ICJ), also known as the World Court, is the paramount court of international law. Nevertheless, there appear to be
power discrepancies within the ICJ. When looking at the structure and history of the ICJ, one can observe the advantages of major powers within
the court. States look to the ICJ as an impartial arbitrator, but the ICJ seems to be significantly more partial than one may expect it to be. If major
powers are favored in the court, weaker states will lose faith in the supreme judicial organ of global law. The ICJ serves a critical role in international
law and thus it must fairly proceed in disputes brought forth by any member state. This is not the case and there is an imbalance of power in the ICJ
system as major powers heavily influence the structure, decision–making, and compliance measures. Specifically, The United Nations Security Council
has the utmost influence in the United Nations (UN) and thus has serious power inside the ICJ. The major powers can influence decisions in a variety
of ways, such as through their constant
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Essay on International Humanitarian Law
International Humanitarian Law (IHL) is seen as the law in which provides basic human rights in time of armed conflict. The use of IHL in a
modern scenario is needed now more then ever with the increase of entities that wish to disrupt the peace by ignoring basic human rights.
Organisations and treaties have been created to help govern the IHL; which will need to be analysed to provide insight into IHLs. This essay aims to
critically analyse IHL and outline how it can be improved. To gain an understanding IHL will first be defined.
The International Committee of the Red Cross (ICRC) defines IHL as "a set of rules which seek, for humanitarian reasons, to limit the effects of
armed conflict." It can be seen as protection for those who no...show more content...
After seeing the suffering of thousands who were abandoned in the warzone, Dunant recruited nearby residents to help treat the wounded and provide
relief. After experiencing such a tragic event Dunant went on to write A Memory of Solferino, which proposed the organising of a volunteer relief
corps that would provide treatment for the injured (ICRC, 2006: 6). It was written that:
"Would it not be possible, in time of peace and quiet, to form relief societies for the purpose of having care given to the wounded in wartime by
zealous, devoted, and thoroughly qualified volunteers?"
However, it wasn't until 1863 until his vision was realised in Geneva, Switzerland when a "Committee of Five" was formed (ICRC, 2006: 7). This
group went on to call themselves the International Committee of the Red Cross; which a few months later in 1864 first adopted the Geneva
Convention Treaty. The first Geneva Convention had 10 articles outlining items such as people who help the wounded, medical facilities and
ambulances are to be recognised as neutral and should be protected (ICRC, 2006: 7). In 1949 the Geneva Convention had been adopted by most states
and went onto include extra protection for entities such as civilians, prisoners of war and hospital ships (ICRC, 2006: 9). Protocols were
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United Law And International Law Essay
Jurisdiction is arguably the most versatile term in current international law. Frequently used in international legal instruments and yet never defined, the
term can have different meanings in different contexts. Depending on the circumstances, jurisdiction may refer to the totality of the power or authority
that a state has or exercises, in which case it is fully identifiable with "sovereignty," another often–used but likewise never clearly defined term in
international law. Jurisdiction is an aspect of state sovereignty. International law scholars have increasingly taken the view that the term
'sovereignty' means all and only those attributes which are given to a state under international law descriptive of the scope of state freedom as a
legal rather than factual matter sovereignty. In this conception does not define, but is defined by the legal powers of a state within an international
society of states. It does not exist prior to law, but as a set of attributes of the legal construct that is the state, existing as a consequence of law. As
one scholar expressed it, sovereignty is nothing more or less than 'the legal competence which states have in general. The power of a sovereign to
affect the right of persons, whether by legislation, executive decree, or by a judgement of a court is called jurisdiction. The power of soveiregn,
therefore to affect legal rights depends upon law; and upon the law must be based all sovereign jurisdiction. Through the concept of
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The Importance Of International Law
International law is the set of rules generally regarded and accepted as binding in relations between states, to the maintenance of international peace and
security. Although, some of the country may agree to definition of international norms, there are some countries that does not agree with the United
Nation international laws that generally accepted as international norms. Even though, some country does not agree with UN international laws,
because of the powerful nation that are the member of the nation, the Security Council can enforce their international law via various ways toward a
state or individual; and the International court of Justice (ICJ) also give advisory opinion to get settle between state to state conflict, in accordance with
international law.
Security Council is key decision making UN principle organ that create and apply international law. Security Council mandate is to maintain
international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect
for human rights; and to be a center for harmonizing the actions of nations according UN Charter. According to the Chapter VI: Pacific Settlement of
disputes, Article 33 (1) state that "the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and
security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial
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The Pros And Cons Of International Law
1. The security of the international system depends on many diverse elements and of those elements, international law establishes the principles and
norms that serves as reverent guide for international stability. Equally as important, international law is contingent upon the notion of reciprocity, the
considerations states make about the long–term consequences of international violations and the collective response by the global community
(Masilamani 35). However, international law has its shortcomings as it is difficult to enforce and the conditions necessary for the execution of
international law can be troublesome to achieve (Goldstein and Cooper 312). For the remainder for this topic, this section will discuss the difficulties
with enforcing international law while detailing the methods of enforcement and supplementing a brief example for support. To begin, one issue with
enforcing international law is the jurisdiction of international courts on sovereignty of states. The reason this poses a problem for international law is
because most states "have not agreed in a comprehensive way to subject themselves to its (the World Court) jurisdiction or obey its decision" (Goldstein
and Cooper 313). Consequently, one state can reject the jurisdiction and judgment of the World Court, if that state perceives that their sovereignty is
being violated and without repercussions from the World Court as it lacks the ability to compel obedience. This is significant as it posits that the World
Court cannot act unilaterally and is dependent on the systemic cooperation of the international community to implement international law. In a related
note, another issue with enforcing international law is that there is no global entity to ensure the justice of international affairs. The application of
international law requires a multilateral effort between states towards a collective goal and without interstate cooperation, international law ceases to
be effective. Furthermore, it is appropriate to note that part of the efficacy of international law resides in reciprocity between states. Reciprocity plays
a vital role in the application of international law as it creates a predictable template for states to follow. If a state acts
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Essay on International Law
International Law
International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality
(status acknowledged by the international community). The rules of international law are of a normative character, that is, they prescribe towards
conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the
application of external sanctions. The International Court of Justice is the principal judicial organ of the United Nations, which succeeded the Permanent
Court of International Justice after World War II. Article 92 of the charter of the United Nations states:
The...show more content...
In the Fisheries Jurisdiction case (United Kingdom v. Iceland , 1974) the ICJ contributed to the firm establishment in law of the idea that mankind
needs to conserve the living resources of the sea and must respect these resources. The Court observed:
It is one of the advances in maritime international law, resulting from the intensification of fishing, that the former laissez–faire treatment ofthe living
resources of the sea in the high seas has been replaced by a recognition of a duty to have due regard of the rights of other States and the needs of
conservation for the benefit of all. Consequently, both parties have the obligation to keep inder review the fishery resources in the disputed waters and
to examine together, in the light of scientific and other available information, the measures required for the conservation and development, and
equitable exploitation, of these resources, taking into account any international agreement in force between them, such as the North–East Atlantic
Fisheries Convention of 24 January 1959, as well as such other agreements as may be reached in the matter in the course of further negotiation. The
Court also held that the concept of preferential rights in fisheries is not static.
This is not to say that the preferential rights of a coastal State in a special situation are a static concept, in the sense that the degree of the coastal
State's preference is to be considered as for ever at some given moment. On
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Private International Law Essay
Nature and scope of private international law
Private international law is a set of procedural rules which determines which legal system, law of' which jurisdiction, applies when legal dispute has a
"foreign element", such as contract agreed by parties located in different countries.
It is a branch of English law known as the 'conflict of laws'. By a foreign element is meant simply a contact with some system of law other than
English law, it has three main objects:
Firstly, to prescribe the conditions under which the court is competent to entertain such a claim.
Secondly, to determine for each class of case the particular municipal system of law by. reference to which the rights of the parties must be ascertained.
Thirdly, to specify...show more content...
Mohammedans and Hindus in India. In the former case the law is said to be territorial, applying to all persons normally resident in the state. If the
state forms part of a federation, judicial and legislative powers will usually be divided between the two political areas of constituent state and federal
nation.
In the latter case, in which within a single territorial unit different Systems of law govern' different classes of citizens in respect of the such as
marriage, divorce, succession, the law (within the limited field) is personal, applying only to persons of definite class, such persons are governed in
many respects by their personal religious law. The personal religious law of oriental countries transcend national or territorial legal frontiers, for it is
based on the identity of law and religion in certain fields, most notably in family law and succession. Its counterpart in Western systems is the so–called
personal law of an individual, which in broadly similar fields subjects him to the law of the country of his domicile or, in some civil law systems, of his
nationality. Personal religious laws of this kind, while common in the East, rarely raise
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International Law
The Role of an Individual in International Law
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law.
International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies
regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases.
However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get
justice mostly in situations when the national...show more content...
This is because some parties – such as women – had limited rights compared to other citizens of the same country. One of the rights that young
sovereign nations denied women in their territory is suffrage. However, parties that had limited rights gradually gained their rights albeit after
undergoing long durations of painful struggle.[2] However, the individual still played a significant part in international law even before the formation
of the United Nations. Even before the formation of the United Nations, there was a humanitarian law that sought to reduce the effects of war on
civilians and combatants. Humanitarian law also had rules that dictated how states should treat aliens by granting them protection. However, the
individual was usually associated with the state of residence and not regarded as an autonomous entity in international law. During the Second World
War, the link betweensovereignty, citizenship and rights that citizens of sovereign states had was apparent. Sovereign states did not always protect the
rights of their citizens, as they did not prevent other nations from inflicting atrocities on some of their citizens. However, the Second World War made
protection of human rights a core issue of various sovereign states and the international community. The Second World War led to the formation of
many sovereign states.[3] As more and more states became sovereign, the
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Essay on The Enforcement of International Law
Members of The United Nations have a duty "to maintain international peace...in conformity with the principles of justice and international law."[1]
China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights' norms set forth by The United
Nations Charter. This failure is noticeably prevalent in the practices of the ChineseLegal System. Its judicial proceedings in handling peaceful, political
dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans
detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of...show more content...
The Universal Declaration of Human Rights is the international law concerning issues providing "freedom, justice and peace in the world."[5] With the
incorporation of The Universal Declaration of Human Rights into the international law of the United Nations, an idea of universal human rights that
are one common to all of humanity surfaced.[6]
Around the same time as the creation of the U.N. and its adaptation and acceptance of the Universal Declaration of Human Rights as international law,
China began its occupation of Tibet. In 1949 Tibet was invaded and occupied by the People's Republic of China. Tibet was an independent state at the
time of Chinese invasion. Tibet declared its independence in 1912 and governed itself free from foreign influence until the time of the Chinese
invasion. They conducted their own foreign affairs, had their own army, and postal system. Under international law, such practicing constitutes
statehood. Also, international law regards independent states in existence to persist in such a manner until reason for an invalidation of statehood
should occur, according to.
A conference held in 1993, gathered international lawyers together
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International Law as Law Essay
International Law as Law
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. Unlike municipal law, international law is a...show more content...
Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the
International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or
particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as
law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists
of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making
process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and
recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as
means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a
vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate
efforts to
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Essay about International Laws
First coined by English philosopher Jeremy Bentham, international law is customarily recognized as the law that regulates the affairs between
sovereign states, the foremost issue of international law. Public international law only concerns itself with the issues of rights involving a number of
nations, or nations and its people, or matters of other nations. It differs from private international law, which deals with dissimilarity between private
individuals, natural and/or juridical, by developing from circumstances that have a noteworthy relationship to more than one nation. (Brownlee, 2008)
International law contains the necessary and typical notions of law in the national legal systems – "status, property, obligation, and tort."...show more
content...
(Hall, 2010) In recent times "the customary law was codified in the Vienna Convention on the Law of Treaties." (Brownlee, 2008) Conventional
international law originates from international unions and can appear in any structure that the agreeing parties may allow. "Agreements may be made
in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of
international conduct or the obligations of a member state under the Charter of the United Nations." (Schmidt, 2008) International treaties generate
laws for the political party of the treaty; it may also guide the way for a foundation of customary international law, when intended for a general loyalty
and are widely accepted by all parties involved. By tradition, states were the primary focus of international law. While international law is a part of the
United States, it is only for the use of morality regarding international duties and individual rights. (Schmidt, 2008) International law does not limit the
United States, or any other nation, from creating laws presiding over its own province. "Since the Constitution does not provide with authority and
power to conduct foreign relations, a State of the United States cannot be considered a "state" under international law." (Brownlee, 2008) With the use of
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Essay On International Law
To analysis above supporting evidence, on the one hand, Canada is one of those funders of the UN. As a senior member of UN, Canada has
significant political influences and power at UN. To demonstrate, the Canadian powerful world class military force is acting on UN's behalf to not
only enforces international laws, but also ensures people has a peaceful place to live on the Earth. At the same time, Canada also acting on UN's behalf
to protects people's human rights by means of using academic weapon such as successfully challenge the international law with the recognition of
human rights as part of the international law book. In conclusion, the presence of Canadian doughty soldiers on the worldwide stage is a political
voice to the UN's...show more content...
Paul Heinbecker opens a debate at the UNSC; that, Mr. Heinbecker argues, that the bill of the establishment of the ICC is passed by the legislative
United Nations on a meeting in Rome; that, Mr. Heinbecker argues, that it would be unethical for the UCSC to cancel the ICC; that, the legislative
body of the United Nations accepts the establishment of the ICC with a majority vote; that, the fundamental IL founds the ICC's jurisdiction; that, the
ICC plays a constitutional role in maintaining the Justice against any kind of injustice international affairs.36
Correspondingly, the UNSC overturns the bill of permanently close the ICC, and the UNSC decides a bill of temporally close the ICC with an annual
renewal requirement in order to keep the existence of the ICC. After that, in April 2004, an incident strongly challenges the UNSC's decision; that, the
photo evidence of American soldiers abuse prisoners overseas is published; correspondingly, the UNSC decides to review the decision of suspension of
the ICC; consequently, due to heavy pressure, the Amercian decides not to continue to stop the operation of the ICC; finally, Canada wins the battle
against the United States at the United Nations; accordingly, the victory brings Canada to the world leadership chair in the international justice system;
therefore, because Canada successfully interferes an international affair, that significantly Canada becomes one of
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Subjects of International Law
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. 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...show more content...
It is the ability of the subject of international law to obtain the international legal rights and obligations. This ability is recognized in the norms of
international law. The second one is the international behaviour capacity. It is the ability of the subjects to be recognized in international law by their
independent legal act, create their own subjects power and be able to shoulder the international legal responsibility to their behaviours caused. The very
first subject of international law is sovereign states and analogous entities. State is the term in geography and politic, refers to a sovereign territory, a
government and people of all nationalities are in that territory. They are binding together by law, rights, culture, language, religion. They together to
build up a common future on that sovereign territory. The main factors leading to the formation of a state are a permanent population; a defined
territory; a government; and independent capacity to enter into relations with the other states. Power of state as the subject of international law include
the rights and obligations that the states have when participating in international legal relations. The content of the basic international rights and
obligations of states are formed and develop equivalent to the development that more and more progressive of international law. States could implement
the basic rights and obligations in international activities independently in their minds or by
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The Role Of GA Resolutions
The sources of international law are laid down in the Statute of the International Court of Justice Art.38 and include:
"1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary
means for the determination of rules of law."
Whilst it is evident...show more content...
GA resolutions are given in response to issues or questions by United Nations member states and can concern issues such as disarmament and the
preservation of peace within the international arena (subject to Art.12 exceptions ). As stated above, they are generally not binding in relation to
member states and have no powers of enforcement and as such, many consider the role of GA resolutions to be mainly political . There are, however,
certain circumstances where GA resolutions do indeed appear to become sources of international law.
This is especially identifiable in relation to customary international law whereby resolutions may form evidence of opinion juris, the second
requirement in the formation of custom (the first being state practice). As opinio juris is a psychological element of a state's belief that it is to be
bound by the custom, it is difficult to prove objectively ; GA resolutions can form an important function as a 'soft' source of law.
In 'Legality of the Use or Threat of Nuclear Weapons' the ICJ stated:
"...the court notes that General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain
circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinion juris.'
Therefore the ICJ considered the
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The Importance Of International Law
Since September I have taken calls from travel agents and the general public as a senior cruise representative for Royal Caribbean. To serve those
callers, I am well versed about company policies and procedures as well as government regulations. My very first call in that role was from a
traveler wanting to drink alcohol as soon as she boarded in Galveston, Texas. I assured her that her beverage package and a la carte offerings would
allow for that, but going from Galveston, because of Texas alcohol laws, the selection would be very limited until the ship reached international waters.
She was upset, and many callers in this role and many previous roles have wanted to take their frustration out on me, the messenger, but I always calmly
...show more content...
Readers routinely inquired about how they could get something in the paper, or why something had been left out or covered differently than they
believed it should have been. I explained policies and precedents that governed coverage. I welcomed suggestions to alter policies if it could be done
fairly for all affected parties. I also explained – either with a story or simply over the phone – the laws, policies, and procedures of other parties that
were in the public spotlight and presumably supposed to operate in the public interest. Describe your experience providing customer service in an
office setting, both in person and on the phone. List employer and dates employed. Since September I have served customers over the phone as a
senior cruise representative for Royal Caribbean. Aside from browsing and booking cruises for travel agents and direct guests, I answer a variety of
questions on many topics, often consulting the company intranet to which I contributed for much of 2017. With Random Lengths Publications from
2002–2016, I regularly filled in for the front office staff taking phone calls and routing them to the appropriate co–worker if I couldn't address the
inquiry myself. Working for a small company, I routinely performed duties outside of my official job description, such as sending
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The Pros And Cons Of Erga Omnes
In the international law, believed that as cooperation between state–like entities most probably started with simple trade agreements. These agreements
were usually concluded on a bilateral level and defined the relationship between two states. The idea of an international community only appeared much
later and its first indications can be traced back to the 17th century with the famous peace treaties of Westphalia, when states stroke for a balance of
power. However, only in the 19th century states began to develop international treaties in which general rules were laid out such as the Declaration of
Paris regarding the freedom of the sea (1856) or the General Act of the Brussels Conference in 1890 that established an International Maritime...show
more content...
These obligations protect a collective interest of the parties. Although not every party might be injured in case of their violation all parties – due to the
fact that the obligation protects the collective interest and not only individual interest – have an interest that the obligations are adhered to and in case
of violation can be enforced. It has been identified as a problem that 'omnes' – apart from it being a Latin phrase and thus by its very nature not clear at
first sight – may "either refer to all others collectively, or to each of the others individually".
Erga omnes and erga omnes partes norms were very precisely defined by the Institute de Droit International as
"(a) An obligation under general international law that a State owes in any given case to the international community, in view of its common values
and its concern for compliance, so that a breach of that obligation enables all States to take action; or
(b) An obligation under a multilateral treaty that a State party to the treaty owes in any given case to all the other States parties to the same treaty, in
view of their common values and concern for compliance, so that a breach of that obligation enables all these States to take
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Delsol Unjust Justice
In Unjust Justice, Chantal Delsol evaluates the contemporary international system and contemporary international law, the regulation of relations
between sovereign states, by defending various principles that she claims will be violated by the potential formation of a "world government". The
principles that Delsol defends in response to recent steps toward a universal state are found in the works of modern thinker, Emer de Vattel, and
medieval thinker, Thomas Aquinas.
Furthermore, her critique of contemporary international law is complimentary and reflective of the arguments made by Vattel and Aquinas.
Specifically, her critique of the contemporary international system is to preserve the principles of state sovereignty, diversity, and politics. Delsol's
interpretation of contemporary international law should be used to protect these traditional principles of international law, defended by Vattel and
Aquinas, against the establishment of a universal state. Delsol's discusses how the "murderous character of the twentieth century emerged" from
conflict between morality and faith in order to explain how the idea of a world government emerged. After the Cold War, it was evident that people
had been obedient to authority instead of morality. Delsol argues that this led to a "contemporary resolve to establish institutions of international
justice" in order "to make ethics or morality everywhere supreme over obedience to a leader or to a system." The emergence of an
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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),...show more
content...
Thus, when the Gaddafi's regime continued to violate the human rights of the Libyan citizens the humanitarian intervention from the NATO members
(UNSC) became inevitable. In this case according to Kegley the human rights are universal political and social entitlements provided by the
international law to all individuals (397). Furthermore, humanitarian intervention can be defined as the use of collaborated forces of foreign states or
other actors in order to enforce peace into the state under the conditions of violations of these rights (Kegley, 397) and military necessity when the
extreme cases allow to violate the rules of war (Kegley, 259). However, despite the fact that the international community almost immediately reacted on
the escalation conflict in Libya and stopped the violation of human rights the question of the state sovereignty remains unsolved. Under the
international law sovereignty means that there is no higher authority above the state (Kegley, 401) to prevent or force it to implement particular
policies and it is the highest value in the international politics. Nevertheless, in this case it was violated by number of external actors. Their main
justification of this intervention is the implementation of Responsibility to Protect the citizens from the acts of crime (Kegley, 401), which the
government failed to fulfil. At the same time particular states that were willing to stop the violence in Libya violated the rights of
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International system which consist of many actors such as individual, states, non–states actor like multinational company, nongovernment organization
and others will always bring the new issues or unstable conditions in every moments. In international system which is anarchy, there are nothing higher
than state, that is way the state always try to prove their state as the major state in the world level. In a state, the politic character is the biggest
character to influence the individual on that state. That is mean that, everything happen inside the state is influence more by the political aspect which
is happened inside and influence the inside and outside of a state. Basically, every state will always focus on two things; the first is protecting their
national interest and achieve their national interest. In order to achieve their national interest, every country will focus on raise more advantages by
...show more content...
If a state is not sign the law, that's mean that state is not include on that law and not obligated to follow the law. The origin of international law
itself actually begin from around 2100 BC when some leaders in state of Lagash and Umma sign the agreement, the agreement curved in a stone
which written that if country who sign it break the rules, so they have to isolate by God and Goddess of Sumerian . 1000 years later, founded
international agreement between Rameses II from Egypt and King from Hittites to establish the world peace and brotherhood between them. After
that many agreement establish to make world peace. Countries in Rome has a very great respect for the organization and the Law. Law who unite
their kingdom and the kingdom will lift a vital source of reference for every resident in the wide area. Law beginning in Rome (jus civile) applied only
to the inhabitants of
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International Court Of International Law Essay

  • 1. International Court Of International Law Essay International courts, like all judicial courts, are seen as neutral parties to a dispute. International courts interpret international law and provide an avenue for states to settle their differences. In court, each state should have equal power. The court should not take into account how large or powerful a state is. Justice is supposed to be blind. However, in practice, state power does matter. The International Court of Justice (ICJ), also known as the World Court, is the paramount court of international law. Nevertheless, there appear to be power discrepancies within the ICJ. When looking at the structure and history of the ICJ, one can observe the advantages of major powers within the court. States look to the ICJ as an impartial arbitrator, but the ICJ seems to be significantly more partial than one may expect it to be. If major powers are favored in the court, weaker states will lose faith in the supreme judicial organ of global law. The ICJ serves a critical role in international law and thus it must fairly proceed in disputes brought forth by any member state. This is not the case and there is an imbalance of power in the ICJ system as major powers heavily influence the structure, decision–making, and compliance measures. Specifically, The United Nations Security Council has the utmost influence in the United Nations (UN) and thus has serious power inside the ICJ. The major powers can influence decisions in a variety of ways, such as through their constant Get more content on HelpWriting.net
  • 2. Essay on International Humanitarian Law International Humanitarian Law (IHL) is seen as the law in which provides basic human rights in time of armed conflict. The use of IHL in a modern scenario is needed now more then ever with the increase of entities that wish to disrupt the peace by ignoring basic human rights. Organisations and treaties have been created to help govern the IHL; which will need to be analysed to provide insight into IHLs. This essay aims to critically analyse IHL and outline how it can be improved. To gain an understanding IHL will first be defined. The International Committee of the Red Cross (ICRC) defines IHL as "a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict." It can be seen as protection for those who no...show more content... After seeing the suffering of thousands who were abandoned in the warzone, Dunant recruited nearby residents to help treat the wounded and provide relief. After experiencing such a tragic event Dunant went on to write A Memory of Solferino, which proposed the organising of a volunteer relief corps that would provide treatment for the injured (ICRC, 2006: 6). It was written that: "Would it not be possible, in time of peace and quiet, to form relief societies for the purpose of having care given to the wounded in wartime by zealous, devoted, and thoroughly qualified volunteers?" However, it wasn't until 1863 until his vision was realised in Geneva, Switzerland when a "Committee of Five" was formed (ICRC, 2006: 7). This group went on to call themselves the International Committee of the Red Cross; which a few months later in 1864 first adopted the Geneva Convention Treaty. The first Geneva Convention had 10 articles outlining items such as people who help the wounded, medical facilities and ambulances are to be recognised as neutral and should be protected (ICRC, 2006: 7). In 1949 the Geneva Convention had been adopted by most states and went onto include extra protection for entities such as civilians, prisoners of war and hospital ships (ICRC, 2006: 9). Protocols were Get more content on HelpWriting.net
  • 3. United Law And International Law Essay Jurisdiction is arguably the most versatile term in current international law. Frequently used in international legal instruments and yet never defined, the term can have different meanings in different contexts. Depending on the circumstances, jurisdiction may refer to the totality of the power or authority that a state has or exercises, in which case it is fully identifiable with "sovereignty," another often–used but likewise never clearly defined term in international law. Jurisdiction is an aspect of state sovereignty. International law scholars have increasingly taken the view that the term 'sovereignty' means all and only those attributes which are given to a state under international law descriptive of the scope of state freedom as a legal rather than factual matter sovereignty. In this conception does not define, but is defined by the legal powers of a state within an international society of states. It does not exist prior to law, but as a set of attributes of the legal construct that is the state, existing as a consequence of law. As one scholar expressed it, sovereignty is nothing more or less than 'the legal competence which states have in general. The power of a sovereign to affect the right of persons, whether by legislation, executive decree, or by a judgement of a court is called jurisdiction. The power of soveiregn, therefore to affect legal rights depends upon law; and upon the law must be based all sovereign jurisdiction. Through the concept of Get more content on HelpWriting.net
  • 4. The Importance Of International Law International law is the set of rules generally regarded and accepted as binding in relations between states, to the maintenance of international peace and security. Although, some of the country may agree to definition of international norms, there are some countries that does not agree with the United Nation international laws that generally accepted as international norms. Even though, some country does not agree with UN international laws, because of the powerful nation that are the member of the nation, the Security Council can enforce their international law via various ways toward a state or individual; and the International court of Justice (ICJ) also give advisory opinion to get settle between state to state conflict, in accordance with international law. Security Council is key decision making UN principle organ that create and apply international law. Security Council mandate is to maintain international peace and security; to develop friendly relations among nations; to cooperate in solving international problems and in promoting respect for human rights; and to be a center for harmonizing the actions of nations according UN Charter. According to the Chapter VI: Pacific Settlement of disputes, Article 33 (1) state that "the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial Get more content on HelpWriting.net
  • 5. The Pros And Cons Of International Law 1. The security of the international system depends on many diverse elements and of those elements, international law establishes the principles and norms that serves as reverent guide for international stability. Equally as important, international law is contingent upon the notion of reciprocity, the considerations states make about the long–term consequences of international violations and the collective response by the global community (Masilamani 35). However, international law has its shortcomings as it is difficult to enforce and the conditions necessary for the execution of international law can be troublesome to achieve (Goldstein and Cooper 312). For the remainder for this topic, this section will discuss the difficulties with enforcing international law while detailing the methods of enforcement and supplementing a brief example for support. To begin, one issue with enforcing international law is the jurisdiction of international courts on sovereignty of states. The reason this poses a problem for international law is because most states "have not agreed in a comprehensive way to subject themselves to its (the World Court) jurisdiction or obey its decision" (Goldstein and Cooper 313). Consequently, one state can reject the jurisdiction and judgment of the World Court, if that state perceives that their sovereignty is being violated and without repercussions from the World Court as it lacks the ability to compel obedience. This is significant as it posits that the World Court cannot act unilaterally and is dependent on the systemic cooperation of the international community to implement international law. In a related note, another issue with enforcing international law is that there is no global entity to ensure the justice of international affairs. The application of international law requires a multilateral effort between states towards a collective goal and without interstate cooperation, international law ceases to be effective. Furthermore, it is appropriate to note that part of the efficacy of international law resides in reciprocity between states. Reciprocity plays a vital role in the application of international law as it creates a predictable template for states to follow. If a state acts Get more content on HelpWriting.net
  • 6. Essay on International Law International Law International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality (status acknowledged by the international community). The rules of international law are of a normative character, that is, they prescribe towards conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the application of external sanctions. The International Court of Justice is the principal judicial organ of the United Nations, which succeeded the Permanent Court of International Justice after World War II. Article 92 of the charter of the United Nations states: The...show more content... In the Fisheries Jurisdiction case (United Kingdom v. Iceland , 1974) the ICJ contributed to the firm establishment in law of the idea that mankind needs to conserve the living resources of the sea and must respect these resources. The Court observed: It is one of the advances in maritime international law, resulting from the intensification of fishing, that the former laissez–faire treatment ofthe living resources of the sea in the high seas has been replaced by a recognition of a duty to have due regard of the rights of other States and the needs of conservation for the benefit of all. Consequently, both parties have the obligation to keep inder review the fishery resources in the disputed waters and to examine together, in the light of scientific and other available information, the measures required for the conservation and development, and equitable exploitation, of these resources, taking into account any international agreement in force between them, such as the North–East Atlantic Fisheries Convention of 24 January 1959, as well as such other agreements as may be reached in the matter in the course of further negotiation. The Court also held that the concept of preferential rights in fisheries is not static. This is not to say that the preferential rights of a coastal State in a special situation are a static concept, in the sense that the degree of the coastal State's preference is to be considered as for ever at some given moment. On Get more content on HelpWriting.net
  • 7. Private International Law Essay Nature and scope of private international law Private international law is a set of procedural rules which determines which legal system, law of' which jurisdiction, applies when legal dispute has a "foreign element", such as contract agreed by parties located in different countries. It is a branch of English law known as the 'conflict of laws'. By a foreign element is meant simply a contact with some system of law other than English law, it has three main objects: Firstly, to prescribe the conditions under which the court is competent to entertain such a claim. Secondly, to determine for each class of case the particular municipal system of law by. reference to which the rights of the parties must be ascertained. Thirdly, to specify...show more content... Mohammedans and Hindus in India. In the former case the law is said to be territorial, applying to all persons normally resident in the state. If the state forms part of a federation, judicial and legislative powers will usually be divided between the two political areas of constituent state and federal nation. In the latter case, in which within a single territorial unit different Systems of law govern' different classes of citizens in respect of the such as marriage, divorce, succession, the law (within the limited field) is personal, applying only to persons of definite class, such persons are governed in many respects by their personal religious law. The personal religious law of oriental countries transcend national or territorial legal frontiers, for it is based on the identity of law and religion in certain fields, most notably in family law and succession. Its counterpart in Western systems is the so–called personal law of an individual, which in broadly similar fields subjects him to the law of the country of his domicile or, in some civil law systems, of his nationality. Personal religious laws of this kind, while common in the East, rarely raise Get more content on HelpWriting.net
  • 8. International Law The Role of an Individual in International Law Student`s name: Institution of Learning: The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases. However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get justice mostly in situations when the national...show more content... This is because some parties – such as women – had limited rights compared to other citizens of the same country. One of the rights that young sovereign nations denied women in their territory is suffrage. However, parties that had limited rights gradually gained their rights albeit after undergoing long durations of painful struggle.[2] However, the individual still played a significant part in international law even before the formation of the United Nations. Even before the formation of the United Nations, there was a humanitarian law that sought to reduce the effects of war on civilians and combatants. Humanitarian law also had rules that dictated how states should treat aliens by granting them protection. However, the individual was usually associated with the state of residence and not regarded as an autonomous entity in international law. During the Second World War, the link betweensovereignty, citizenship and rights that citizens of sovereign states had was apparent. Sovereign states did not always protect the rights of their citizens, as they did not prevent other nations from inflicting atrocities on some of their citizens. However, the Second World War made protection of human rights a core issue of various sovereign states and the international community. The Second World War led to the formation of many sovereign states.[3] As more and more states became sovereign, the Get more content on HelpWriting.net
  • 9. Essay on The Enforcement of International Law Members of The United Nations have a duty "to maintain international peace...in conformity with the principles of justice and international law."[1] China, a core member of the United Nations since its formation in 1945, fails to comply with international human rights' norms set forth by The United Nations Charter. This failure is noticeably prevalent in the practices of the ChineseLegal System. Its judicial proceedings in handling peaceful, political dissenters fail to provide the minimum protection of human rights guaranteed to all through international law. By examining accounts of Tibetans detained for such peaceful protests, this paper will set out to highlight the discrepancies between Chinese enforcement of...show more content... The Universal Declaration of Human Rights is the international law concerning issues providing "freedom, justice and peace in the world."[5] With the incorporation of The Universal Declaration of Human Rights into the international law of the United Nations, an idea of universal human rights that are one common to all of humanity surfaced.[6] Around the same time as the creation of the U.N. and its adaptation and acceptance of the Universal Declaration of Human Rights as international law, China began its occupation of Tibet. In 1949 Tibet was invaded and occupied by the People's Republic of China. Tibet was an independent state at the time of Chinese invasion. Tibet declared its independence in 1912 and governed itself free from foreign influence until the time of the Chinese invasion. They conducted their own foreign affairs, had their own army, and postal system. Under international law, such practicing constitutes statehood. Also, international law regards independent states in existence to persist in such a manner until reason for an invalidation of statehood should occur, according to. A conference held in 1993, gathered international lawyers together Get more content on HelpWriting.net
  • 10. International Law as Law Essay International Law as Law 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. Unlike municipal law, international law is a...show more content... Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to Get more content on HelpWriting.net
  • 11. Essay about International Laws First coined by English philosopher Jeremy Bentham, international law is customarily recognized as the law that regulates the affairs between sovereign states, the foremost issue of international law. Public international law only concerns itself with the issues of rights involving a number of nations, or nations and its people, or matters of other nations. It differs from private international law, which deals with dissimilarity between private individuals, natural and/or juridical, by developing from circumstances that have a noteworthy relationship to more than one nation. (Brownlee, 2008) International law contains the necessary and typical notions of law in the national legal systems – "status, property, obligation, and tort."...show more content... (Hall, 2010) In recent times "the customary law was codified in the Vienna Convention on the Law of Treaties." (Brownlee, 2008) Conventional international law originates from international unions and can appear in any structure that the agreeing parties may allow. "Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the Charter of the United Nations." (Schmidt, 2008) International treaties generate laws for the political party of the treaty; it may also guide the way for a foundation of customary international law, when intended for a general loyalty and are widely accepted by all parties involved. By tradition, states were the primary focus of international law. While international law is a part of the United States, it is only for the use of morality regarding international duties and individual rights. (Schmidt, 2008) International law does not limit the United States, or any other nation, from creating laws presiding over its own province. "Since the Constitution does not provide with authority and power to conduct foreign relations, a State of the United States cannot be considered a "state" under international law." (Brownlee, 2008) With the use of Get more content on HelpWriting.net
  • 12. Essay On International Law To analysis above supporting evidence, on the one hand, Canada is one of those funders of the UN. As a senior member of UN, Canada has significant political influences and power at UN. To demonstrate, the Canadian powerful world class military force is acting on UN's behalf to not only enforces international laws, but also ensures people has a peaceful place to live on the Earth. At the same time, Canada also acting on UN's behalf to protects people's human rights by means of using academic weapon such as successfully challenge the international law with the recognition of human rights as part of the international law book. In conclusion, the presence of Canadian doughty soldiers on the worldwide stage is a political voice to the UN's...show more content... Paul Heinbecker opens a debate at the UNSC; that, Mr. Heinbecker argues, that the bill of the establishment of the ICC is passed by the legislative United Nations on a meeting in Rome; that, Mr. Heinbecker argues, that it would be unethical for the UCSC to cancel the ICC; that, the legislative body of the United Nations accepts the establishment of the ICC with a majority vote; that, the fundamental IL founds the ICC's jurisdiction; that, the ICC plays a constitutional role in maintaining the Justice against any kind of injustice international affairs.36 Correspondingly, the UNSC overturns the bill of permanently close the ICC, and the UNSC decides a bill of temporally close the ICC with an annual renewal requirement in order to keep the existence of the ICC. After that, in April 2004, an incident strongly challenges the UNSC's decision; that, the photo evidence of American soldiers abuse prisoners overseas is published; correspondingly, the UNSC decides to review the decision of suspension of the ICC; consequently, due to heavy pressure, the Amercian decides not to continue to stop the operation of the ICC; finally, Canada wins the battle against the United States at the United Nations; accordingly, the victory brings Canada to the world leadership chair in the international justice system; therefore, because Canada successfully interferes an international affair, that significantly Canada becomes one of Get more content on HelpWriting.net
  • 13. Subjects of International Law 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. 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...show more content... It is the ability of the subject of international law to obtain the international legal rights and obligations. This ability is recognized in the norms of international law. The second one is the international behaviour capacity. It is the ability of the subjects to be recognized in international law by their independent legal act, create their own subjects power and be able to shoulder the international legal responsibility to their behaviours caused. The very first subject of international law is sovereign states and analogous entities. State is the term in geography and politic, refers to a sovereign territory, a government and people of all nationalities are in that territory. They are binding together by law, rights, culture, language, religion. They together to build up a common future on that sovereign territory. The main factors leading to the formation of a state are a permanent population; a defined territory; a government; and independent capacity to enter into relations with the other states. Power of state as the subject of international law include the rights and obligations that the states have when participating in international legal relations. The content of the basic international rights and obligations of states are formed and develop equivalent to the development that more and more progressive of international law. States could implement the basic rights and obligations in international activities independently in their minds or by Get more content on HelpWriting.net
  • 14. The Role Of GA Resolutions The sources of international law are laid down in the Statute of the International Court of Justice Art.38 and include: "1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law." Whilst it is evident...show more content... GA resolutions are given in response to issues or questions by United Nations member states and can concern issues such as disarmament and the preservation of peace within the international arena (subject to Art.12 exceptions ). As stated above, they are generally not binding in relation to member states and have no powers of enforcement and as such, many consider the role of GA resolutions to be mainly political . There are, however, certain circumstances where GA resolutions do indeed appear to become sources of international law. This is especially identifiable in relation to customary international law whereby resolutions may form evidence of opinion juris, the second requirement in the formation of custom (the first being state practice). As opinio juris is a psychological element of a state's belief that it is to be bound by the custom, it is difficult to prove objectively ; GA resolutions can form an important function as a 'soft' source of law. In 'Legality of the Use or Threat of Nuclear Weapons' the ICJ stated: "...the court notes that General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinion juris.' Therefore the ICJ considered the Get more content on HelpWriting.net
  • 15. The Importance Of International Law Since September I have taken calls from travel agents and the general public as a senior cruise representative for Royal Caribbean. To serve those callers, I am well versed about company policies and procedures as well as government regulations. My very first call in that role was from a traveler wanting to drink alcohol as soon as she boarded in Galveston, Texas. I assured her that her beverage package and a la carte offerings would allow for that, but going from Galveston, because of Texas alcohol laws, the selection would be very limited until the ship reached international waters. She was upset, and many callers in this role and many previous roles have wanted to take their frustration out on me, the messenger, but I always calmly ...show more content... Readers routinely inquired about how they could get something in the paper, or why something had been left out or covered differently than they believed it should have been. I explained policies and precedents that governed coverage. I welcomed suggestions to alter policies if it could be done fairly for all affected parties. I also explained – either with a story or simply over the phone – the laws, policies, and procedures of other parties that were in the public spotlight and presumably supposed to operate in the public interest. Describe your experience providing customer service in an office setting, both in person and on the phone. List employer and dates employed. Since September I have served customers over the phone as a senior cruise representative for Royal Caribbean. Aside from browsing and booking cruises for travel agents and direct guests, I answer a variety of questions on many topics, often consulting the company intranet to which I contributed for much of 2017. With Random Lengths Publications from 2002–2016, I regularly filled in for the front office staff taking phone calls and routing them to the appropriate co–worker if I couldn't address the inquiry myself. Working for a small company, I routinely performed duties outside of my official job description, such as sending Get more content on HelpWriting.net
  • 16. The Pros And Cons Of Erga Omnes In the international law, believed that as cooperation between state–like entities most probably started with simple trade agreements. These agreements were usually concluded on a bilateral level and defined the relationship between two states. The idea of an international community only appeared much later and its first indications can be traced back to the 17th century with the famous peace treaties of Westphalia, when states stroke for a balance of power. However, only in the 19th century states began to develop international treaties in which general rules were laid out such as the Declaration of Paris regarding the freedom of the sea (1856) or the General Act of the Brussels Conference in 1890 that established an International Maritime...show more content... These obligations protect a collective interest of the parties. Although not every party might be injured in case of their violation all parties – due to the fact that the obligation protects the collective interest and not only individual interest – have an interest that the obligations are adhered to and in case of violation can be enforced. It has been identified as a problem that 'omnes' – apart from it being a Latin phrase and thus by its very nature not clear at first sight – may "either refer to all others collectively, or to each of the others individually". Erga omnes and erga omnes partes norms were very precisely defined by the Institute de Droit International as "(a) An obligation under general international law that a State owes in any given case to the international community, in view of its common values and its concern for compliance, so that a breach of that obligation enables all States to take action; or (b) An obligation under a multilateral treaty that a State party to the treaty owes in any given case to all the other States parties to the same treaty, in view of their common values and concern for compliance, so that a breach of that obligation enables all these States to take Get more content on HelpWriting.net
  • 17. Delsol Unjust Justice In Unjust Justice, Chantal Delsol evaluates the contemporary international system and contemporary international law, the regulation of relations between sovereign states, by defending various principles that she claims will be violated by the potential formation of a "world government". The principles that Delsol defends in response to recent steps toward a universal state are found in the works of modern thinker, Emer de Vattel, and medieval thinker, Thomas Aquinas. Furthermore, her critique of contemporary international law is complimentary and reflective of the arguments made by Vattel and Aquinas. Specifically, her critique of the contemporary international system is to preserve the principles of state sovereignty, diversity, and politics. Delsol's interpretation of contemporary international law should be used to protect these traditional principles of international law, defended by Vattel and Aquinas, against the establishment of a universal state. Delsol's discusses how the "murderous character of the twentieth century emerged" from conflict between morality and faith in order to explain how the idea of a world government emerged. After the Cold War, it was evident that people had been obedient to authority instead of morality. Delsol argues that this led to a "contemporary resolve to establish institutions of international justice" in order "to make ethics or morality everywhere supreme over obedience to a leader or to a system." The emergence of an Get more content on HelpWriting.net
  • 18. 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),...show more content... Thus, when the Gaddafi's regime continued to violate the human rights of the Libyan citizens the humanitarian intervention from the NATO members (UNSC) became inevitable. In this case according to Kegley the human rights are universal political and social entitlements provided by the international law to all individuals (397). Furthermore, humanitarian intervention can be defined as the use of collaborated forces of foreign states or other actors in order to enforce peace into the state under the conditions of violations of these rights (Kegley, 397) and military necessity when the extreme cases allow to violate the rules of war (Kegley, 259). However, despite the fact that the international community almost immediately reacted on the escalation conflict in Libya and stopped the violation of human rights the question of the state sovereignty remains unsolved. Under the international law sovereignty means that there is no higher authority above the state (Kegley, 401) to prevent or force it to implement particular policies and it is the highest value in the international politics. Nevertheless, in this case it was violated by number of external actors. Their main justification of this intervention is the implementation of Responsibility to Protect the citizens from the acts of crime (Kegley, 401), which the government failed to fulfil. At the same time particular states that were willing to stop the violence in Libya violated the rights of Get more content on HelpWriting.net
  • 19. International system which consist of many actors such as individual, states, non–states actor like multinational company, nongovernment organization and others will always bring the new issues or unstable conditions in every moments. In international system which is anarchy, there are nothing higher than state, that is way the state always try to prove their state as the major state in the world level. In a state, the politic character is the biggest character to influence the individual on that state. That is mean that, everything happen inside the state is influence more by the political aspect which is happened inside and influence the inside and outside of a state. Basically, every state will always focus on two things; the first is protecting their national interest and achieve their national interest. In order to achieve their national interest, every country will focus on raise more advantages by ...show more content... If a state is not sign the law, that's mean that state is not include on that law and not obligated to follow the law. The origin of international law itself actually begin from around 2100 BC when some leaders in state of Lagash and Umma sign the agreement, the agreement curved in a stone which written that if country who sign it break the rules, so they have to isolate by God and Goddess of Sumerian . 1000 years later, founded international agreement between Rameses II from Egypt and King from Hittites to establish the world peace and brotherhood between them. After that many agreement establish to make world peace. Countries in Rome has a very great respect for the organization and the Law. Law who unite their kingdom and the kingdom will lift a vital source of reference for every resident in the wide area. Law beginning in Rome (jus civile) applied only to the inhabitants of Get more content on HelpWriting.net