Procedural and Substantive Law

890 Words4 Pages
Introduction The current paper identifies the particular issues of substantive and procedural law in cases of use of force against states. Submitted for assessment are all the legal issues related to the United Nations (UN) and the International Court of Justice (ICJ), with reference to four specific cases: the United Kingdom of Great Britain and Northern Ireland vs. Albania, Nicaragua vs. the United States of America, the Democratic Republic of Congo vs. Uganda and lastly, the Republic of Guyana vs. the Republic of Suriname. The essay is divided into six sections, each of them related to a different legal topic. The first two sections will briefly discuss the characteristics of procedural and substantive law. The following section will outline the differences existing between the two kinds of law mentioned previously. Special attention will be given to the definitions of the norm of structural coherence and appeal to strength. The essay will end with an assessment of the legal issues raised when either resorting to the United Nations (UN) or going in front of International Court of Justice (ICJ), in order to resolve a dispute over the alleged employment of non-diplomatic solutions by one Country against the statal coherence of another Country. Substantive law The concept refers to written or statutory law , which establishes the definitions for duties and rights, and is divided into two other subcategories: criminal and civil law. Crimes and punishments enter in the category of criminal law, while rights and responsibilities are part of civil law. A broader interpretation of substantive law encompasses creation, definition and regulation of rights. In a nutshell, it is related to the fundamental substance of all rights under law... ... middle of paper ... ...l prerogative of self-protection. References ACADEMIE DE DROIT INTERNATIONAL DE LE HAYE, 1990. Recueil des Cours - Collected Courses. Martinus Nijhoff Publishers. ANTONOPOULOS, Constantine, 2011. Counterclaims before the International Court of Justice. Springer. ARBITRATION UNDER ANNEX VII OF THE UNITED NATIONS CONVENTIONS ON THE LAW OF THE SEA. “Republic of Guyana v Republic of Suriname” 2006. Accessed 11 November 2013 AIZENSTADT, Alexander, 2011. Guyana v Suriname Boundary Arbitration. Max Plank Encyclopedia of Public International Law. CAPPELETTI, Mauro, ed., 1987. International Encyclopedia of Comparative Law, 2nd vol. Lancaster: Martinus Nijhoff Publishers. DINSTEIN, Yoram, 2005. War, Aggression and Self-defense, 4th edition. Cambridge: Cambridge University Press.
Open Document