International Law Name: Course: Date: International law is ideally made by sovereign states to be used by sovereign states. International law concerns itself with matters such as diplomacy, state territorial integrity and military issues. The effectiveness of any international law is mainly facilitated by the participation of individual countries in making it (Schreuer 2011, 4). Countries are unlikely to concern themselves with legal norms unless it is within their interests to do so and they have a willingness to adopt these norms as laws. However, this means that many international laws are blocked or delayed by states if it interferes with their interests.
A well-organized system that favors cooperation, order, and predictability, based on a logical and dynamic taxonomy developed from Roman law and reflected in the structure of the codes. An adaptable system, with civil codes avoiding excessive detail and containing general clauses that permit adaptation to change. A primarily legislative system, yet leaving room for the judiciary to adjust rules to social change and new needs, by way of interpretation and creative jurisprudence”. As written upper, this legal system covers very huge amount of the world. It acts in places like a Spain, China, Japan, Germany, most African nations, all South American nations (except Guyana), most of European countries.
Modern-day international law is very significant from the instrumentality that existed long time ago. The idea of compulsory jurisdiction is for international courts to be independent and regulate the state’s misconducts because a well-established state to state relation is so vital to the welfare of international security. International... ... middle of paper ... ...ance, there are no real opportunities for private actors to challenge state non-compliance in courts and tribunals such as the International Court of Justice and the World Trade Organization. While private access to international enforcement entities tends to play out a positive role to cooperation by encouraging better compliance and further expansion of law, this is not a globally available and effective alternative. Not all international treaties include private access, and where they do, private actors sometimes lack the resources necessary to utilize these mechanisms.
Second force is the wide spread of human rights all over the world. Many administrative principles were included into many important human rights treaties. They are also included in the constitutional rights of individual in many countries. These leads to the point where basic human rights are becoming international
The final section prior to the conclusion covers breaches of the laws of war, which constitute war crimes . International Law International law consists of rules, which are accepted as applicable between countries . This law is a framework for organizing stable international relations . This type of law is different than the legal systems which are state-based. The law is primarily applied to a country in contrast to a sin... ... middle of paper ... ...l of threat or violation.
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 this sense, international law supports the expansion of soft power more than that of hard power. I would also like to borrow the United Nation’s (UN) definition of international law, which is that “international law defines the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries” (United nations global, n.d). Arguably, international law hampers the pursuit of hard power as it presents obstacles which aim to curb aggression and ... ... middle of paper ... ... economic sanctions and poorer relations, are more dire then commonly perceived and could handicap a state’s expansion of both soft and hard power. Thus, it would be prudent to adhere to international law, or at least, give the impression of doing so. Hence, this highlights the importance of international law in foreign policy and the pursuit of both hard and soft power.
For the most part, courts will prefer to have something to rely upon – even if it is the decision of a foreign court interpreting a different bill of rights – than to reason from scratch.”# Baigent’s case clearly shows this, where the issue was whether a breach of the NZBORA by the Crown can be remedied. Remedies were eventually rewarded after citing international law with the judge stating that, “compensation is a standard remedy for human rights violations. There is no reason for New Zealand jurisprudence to lag behind.” # In such cases, international law can help act as a guide when judges have to apply statutes for the first time without precedent from their jurisdiction. Courts can also use International treaties to fill in gaps that are present in the common law. Baigent’s case also shows that international treaties can act as a means of interpreting certain New Zealand statutes.
For instance, when sanctions are imposed upon a powerful state like Russia, it often responds in kind by toughening up on what the sanctions were aimed to curtail or by occupying another country. If sanctions had a legal backing Russia could simply be dragged into an international court and found guilty of breaking a law. Further, if sanctions have any legal basis, it would be easier for small powers to impose sanctions against big powers that engage in the unlawful invasion because it would simply be a matter of looking at procedural rules and concluding that a certain state needs to face sanctions. But as matters stand, only
The internal structures of a state are paramount to such an atmosphere and when they lead a different style of relationship with other states, the theory of perpetual peace fails to hold any water. The behavior of states can only be explained... ... middle of paper ... ... the recent past, the idea of global security has been used as a reason for war. For example, the USA engagement in war against Afghanistan and Iraq was based on the argument of promoting peace in the name of democracy. This is a perfect example of how the interpretation of democracy can lead to hostility among nations. In conclusion, the theory of perpetual democracy is based on tangible pillar but upon analysis, relativity, uncertainty and vagueness present themselves hence the criticism.