The significance of International Law has developed in an undeniably global world. States and their nationals are interconnected and rely on each other to uphold and follow the universal law to meet normal objectives. On the enormous field of International Law, hardly could we abandon the extremely attractive part called State Jurisdiction. State Jurisdiction is the state’s capacity under International Law to prescribe the rule of laws, enforce the prescribed rules of laws and to adjudicate. Generally, there are four main principles of State Jurisdiction, which includes The Territorial Principle, The Nationality Principle, The Protective Principle, and The Universal Principle . Each of those, of course, asserts the strength and power of each …show more content…
Universal Jurisdiction is the expression "Universal Jurisdiction" alludes to the possibility that a national court may arraign people for any genuine wrongdoing against international law, for example, violations against mankind, war crime, genocide, and torture, in view of the rule that such crimes harm the global community or worldwide request itself, which singular States may act to secure . By and large, Universal Jurisdiction is conjured when other, customary bases of criminal jurisdiction do not exist, for instance: the defendant is not a national of the State, the respondent did not perpetrate a crime in that State's domain or against its nationals, or the State's own national advantages are not antagonistically influenced. The definition and exercise of Universal Jurisdiction shift far and wide. A national or universal court's power to indict people for worldwide violations committed in different regions relies upon the pertinent wellsprings of law and jurisdiction, such as national enactment or a global understanding, which may, for instance, require that only individuals within the country’s national territory be subject to prosecution …show more content…
The 21st century marks an era of globalization, and with the theory of Thomas L. Friedman: “The World is flat”, human kinds can clearly see the way the world change throughout the time . Globalization has been creating thousands of opportunities for all countries all over the world. Friedman once believed that by the end of the 20th century, the globe would turn to the age of Globalization 3.0, which undoubtedly, with the help of technology and agreements between countries, broke down the walls among states, shortened the distance, and brought the human kind closer together*. Although this is an extremely good news, it also brings a terrifying nightmare called “Terrorism”. From my own perspective as well as some documentaries, terrorism can be defined as one of the serious crimes that against humanity and harmful for the international community, and terrorists have been using the change of globalization to spread the fear to the globe. This international crime could be prevented only by the cooperation of all states, and Universal Jurisdiction is one of the effective tools. Each state will have the right to prosecute people who violate the laws of serious crimes no matter where they are . While it would ordinarily be ideal for casualties of grave worldwide violations to discover the change in the courts of the states where the crimes were submitted, universal jurisdiction
The first element of international law is state practice. There are certain behaviors that are regarded as customs once they are practiced by a substantial amount of states over a prolonged period of time. However, it is important to note that this stand...
The threat of global terrorism continues to rise with the total number of deaths reaching 32,685 in 2015, which is an 80 percent increase from 2014 (Global Index). With this said, terrorism remains a growing, and violent phenomenon that has dominated global debates. However, ‘terrorism’ remains a highly contested term; there is no global agreement on exactly what constitutes a terror act. An even more contested concept is whether to broaden the scope of terrorism to include non-state and state actors.
International law is a body of legally binding rules that are suppose to govern the relations between sovereign states. (Cornell Law School) In order to be a qualified subject, a state has to be sovereign. To be considered sovereign the state needs to have territory, a population, and a government that is recognized or legitimized to most other states. In the more modern explanation of international law now can include the rights and obligation on intergovernmental international organizations and even individuals. Examples of an international organization would be Greenpeace or the United Nations and an example of an individual would be war criminals, a leader of a state that violated human rights during a time of war. When a dispute arise and cannot be solved amongst the two actors involved they can turn to the U.N. to arbitrate and to the International Court of Justice, one of many courts within the U.N. to find a resolution to their problem. The International Court of Justice’s main task is to help settle legal disputes submitted to it by states and...
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...
The presumption is that a state jurisdiction is territorial and if each State has jurisdiction over its own territory, consequently, other States do not have jurisdiction over those affairs in line with the international law principles of non-intervention and sovereign equality of States . In fact, territorial jurisdiction is universally recognized. However, as Ryngaert points out, jurisdiction is not only linked with sovereign and is no exclusively of domestic concern (Ryngaert, p. 7), making reference to the “extra-territorial
About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
The compelling need for the international community to come up with a comprehensive definition of terrorism is so that all nations have the same understanding of what is and what is not terrorism. By having an internationally agreed upon definition by all nations, it will make it easier for the country that experiences acts of terrorism to prosecute the perpetrators of the terrorist acts. In doing this ‘people’ who are trying to achieves international notoriety by committing ‘illegal’ acts which they see as terrorist acts to gain recognition in the international community, would be less likely to commit these illegal acts. It would also not gain them the worldwide recognition they seek.
...th 2001). Roth argues that the concept of international jurisdiction is not a new idea but was exercised by the US government in the 1970 after an aircraft hijacking. Also the war crime courts established after the end of World War II exercised international jurisdiction. In fact the Geneva Convention states that is a person regardless of their nationality should be brought before the court of any state in which that person has committed grave breaches of law and convention. Roth states that the concept of international jurisdiction is not a new one but that only in recent years have states been willing to act on universal jurisdiction and go after criminals of the international community regardless of their stating or power within the international community. Roth believes in the ability and authority of international organizations and institutions (Roth 2001).
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 Chinese Legal 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 international law in theory and in practice. Before this paper goes any further, the notion of international law must be explained. Providing a better understanding of international law will make easier the task of highlighting China’s struggles with enforcing such standards.
The rule of law requires compliance by the state with its obligations in International law.
The international system is an anarchical system which means that, unlike the states, there is no over ruling, governing body that enforces laws and regulations that all states must abide by. The International System in today’s society has become highly influential from a number of significant factors. Some of these factors that will be discussed are Power held by the state, major Wars that have been fought out in recent history and international organisations such as the U.N, NATO and the W.T.O. Each of these factors, have a great influence over the international system and as a result, the states abilities to “freely determine their political status and freely pursue their economic, social, and cultural development”.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
Von Galhn and Taulbee. 2013. Law Among Nations. An Introduction to Public International Law. Pearson Education.
States are left with a wide discretion, limited only by prohibitive rules and wherein no such prohibitive rules exist, States have the freedom to adopt the principles that it regards as best and most suitable. The ICJ effectively held that acts or omissions that are not prohibited under international law are
Before we delve deeper into this topic, it is imperative to properly provide a definition of sovereignty and lay down some foundation on this topic. There are four different definitions of sovereignty – international legal sovereignty, Westphalia sovereignty, domestic sovereignty and interdependence sovereignty. International legal sovereignty deals with “the practices associated with mutual recognition, usually between territorial entities that have formal juridical independence” (Krasner 4). The main definition of sovereignty that this paper will use is the ...