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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 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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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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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 On International Law
Conclusion
Ziad Al–Masri
Miss Senn
CLN4U101
20 December 2016
Russia's Violation of International Law As a result of their current manipulative actions in Crimea, Russia has shown a willful disregard for the Treaty it
signed at the Fourth Geneva Convention in 1949, wherein all civilians are entitled to protection from armed conflict between two countries. Geneva
Conventions broadly outline the fundamental rights of wartime detainees for all citizens and military personnel, create assurances for the injured and
debilitated, and set up insurances for citizens in and around a battle region. In this manner, the Geneva Convention has made rules and guidelines to
ensure that all humanity is entitled to basic rights. The Fourth Geneva...show more content...
In turn, this would lead to subtle influences by Russia. Russia has demonstrated by its recent actions that it is driven by power and greed. It has
shown a willful ignorance of civilian casualties as it has they want what Cremia has to offer. The real question is what does Crimea have that Russia
wants that bad that they are breaking the Fourth Geneva Convention for? Well Cremia is very rich in natural oil and gas which they want to help
because Russia Siberian energy reserves are dwindling. Cremia is also known for its amazing seaside cliffs and summer mansions which does attract
a lot of tourists. Russia has also taken down major water plants which have cut off Ukrainians from water supply. Back in 1947 Joseph Stalin who was
the leader of the Soviet Union party signed the Fourth Geneva Convention to ensure a good future for his country and people. Look at what Putin has
done he is disrespecting his predecessor who built his country and signed this treaty.
Casualties
By first attacking and annexing Crimea with stealth powers and after moving into and possessing eastern parts of Ukraine, Putin was sending clear
flags to his neighbors that endeavors to democratize, change, and incorporate all the more intimately with Western establishments like the European
Union would not be allowed. Crimea is currently part of The Ukraine however
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International Law

  • 1. 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
  • 2. 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
  • 3. 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
  • 4. 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
  • 5. 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
  • 6. Essay On International Law Conclusion Ziad Al–Masri Miss Senn CLN4U101 20 December 2016 Russia's Violation of International Law As a result of their current manipulative actions in Crimea, Russia has shown a willful disregard for the Treaty it signed at the Fourth Geneva Convention in 1949, wherein all civilians are entitled to protection from armed conflict between two countries. Geneva Conventions broadly outline the fundamental rights of wartime detainees for all citizens and military personnel, create assurances for the injured and debilitated, and set up insurances for citizens in and around a battle region. In this manner, the Geneva Convention has made rules and guidelines to ensure that all humanity is entitled to basic rights. The Fourth Geneva...show more content... In turn, this would lead to subtle influences by Russia. Russia has demonstrated by its recent actions that it is driven by power and greed. It has shown a willful ignorance of civilian casualties as it has they want what Cremia has to offer. The real question is what does Crimea have that Russia wants that bad that they are breaking the Fourth Geneva Convention for? Well Cremia is very rich in natural oil and gas which they want to help because Russia Siberian energy reserves are dwindling. Cremia is also known for its amazing seaside cliffs and summer mansions which does attract a lot of tourists. Russia has also taken down major water plants which have cut off Ukrainians from water supply. Back in 1947 Joseph Stalin who was the leader of the Soviet Union party signed the Fourth Geneva Convention to ensure a good future for his country and people. Look at what Putin has done he is disrespecting his predecessor who built his country and signed this treaty. Casualties By first attacking and annexing Crimea with stealth powers and after moving into and possessing eastern parts of Ukraine, Putin was sending clear flags to his neighbors that endeavors to democratize, change, and incorporate all the more intimately with Western establishments like the European Union would not be allowed. Crimea is currently part of The Ukraine however
  • 7. Get more content on HelpWriting.net