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Sociological research necessity
Features and characteristics of international law
Enforcement of international law
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Why do nations obey international law? Although I am not a Native English speaker, and you may infer it while reading the article, I should primarily state that the question accommodates wrong choice of words, which bars the researchers who intend to answer the question to find a correct answer. First of all, it should be clarified that what is tried to truly mean by using the word “nation”. There are several definitions of the word. John Salmond’s definition is perhaps one of the mostly accepted definitions; “The nearest we can get to a definition is to say that a nation is a group of people bound together by common history, common sentiment and traditions, and, usually (though not always, as, for example, Belgium or Switzerland) by common heritage. A state, on the other hand, is a society of men united under one government. These two forms of society are not necessarily coincident. A single nation may be divided into several states, and conversely a single state may comprise several nations or parts of nations.” Any research, unless supported by sufficient sociological data, will most likely lack the understanding of a nation’s behavior pattern. However when the articles are examined, one can, or at least should, realize that they are examining the states’ or the governments’ behavior patterns. Which is why, it will be more accurate to use the word “state”, “government” or another word which will more accurately describe the subject of research. Second inaccurate choice of word is “obey”. Wittgenstein notes “When I obey a rule, I do not choose I obey the law blindly.” As the realists such as Thomas Hobbes, Henry Kissinger, George Kennan and Hans Morgenthau states more accurately, nations do not obey with internatio... ... middle of paper ... ...isa Bernstein, Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry. 21 Journal of Legal Studies 115, 1992 Barak D. Richman, Firms, Courts, And Reputation Mechanism: Towards A Positive Theory of Private Ordering, 104 Colum. L. Rev. 2328. P2340-2344, 2004 Id. Eli Berman, Sect, Subsidy, and Sacrifice: An Economist's View of Ultra-Orthodox Jews, 115 Q.J. Econ. 905, p921-29, 2000 Barak D. Richman, Firms, Courts, And Reputation Mechanism: Towards A Positive Theory of Private Ordering, 104 Colum. L. Rev. 2328. P2346, 2004 George W. Downs & Michael A. Jones, Reputation, Compliance, and International Law, 31 J. Legal Stud. 95, p95, 2002 Id. Eric Singer & Valerie Hudson, Conclusion: Political Psychology/Foreign Policy, The Cognitive Revolution and International Relations, in Political Psychology and Foreign Policy,p256
“Agency relationships are formed by the mutual consent of a principal and an agent.” (Cheeseman, p.487) Our book goes on to cite the Restatement (Second) of Agency,
Urbina, Ian. "Despite Red Flags About Judges, A Kickback Scheme Flourished." The New York Times 28 Mar. 2009: A1. Print.
Nationalism is more than just a sense of pride in one’s country. Nationalism is what makes you feel like part of something bigger. In order to be a nation, its people should willingly make sacrifices to benefit the country, not just the individual. Many factors like common culture, language, geographic location, and shared history are all important contributors to nationalism. Nationalism can possess great power, that is capable of either uniting or dividing nations. As nationalism flourished in Europe during the 1800’s, it unified separate Italian and German city-states, and divided previously great powers like the Ottoman Empire and Austrian Empire.
Throughout modern civilization, the American republic is widely known for its dependency upon the realm of business. Equally as vital, looms the ever-present hand of the American law system. “All beings have their laws: the Deity…man his laws” (Montesquieu,1), this statement serves true in founding that law is consistently a necessary portion in society because all society desires law. As a consequence of the continual presence of law, careers aimed to interpret the crevices of laws, and to defend them, are synonymously as necessary in society. Absolutely, the gain of America’s economy is a direct reflection of the lawyers who protect them. Lawyers are a necessity to the nation; serving their purpose as defenders of the law. The system of corporate law is undoubtedly the cornerstone of corporate finance, and as citizens begin to thrive more immensely in a capitalistic nation, legal representation will be the trailblazer to the continuation of the American system of corporations. As I embark upon the journey of excellence into the world of corporate law, I endeavor to change the way business is defended, upheld, and represented.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Wagner-Tsukamoto, S. 2007. Moral agency, profits and the firm: Economic revisions to the Friedman theorem. Journal of Business Ethics, 70, 209–220.
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.
...‘Consideration: Practical benefit and the Emperor’s new clothes’ in Beatson and Friedmann (eds). Good Faith and Fault in Contract Law (Oxford University Press, 1995);
...ge James Selna for pretrial proceedings (Gorman, S. 2010). Because the Toyota Corporation may have been unethical in its business practices, the corporation suffers the loss, and now has a faulty reputation.
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.
Since the 19th century, the world has experienced the birth of a phenomenon called nationalism. Nationalism can be defined as “loyalty and devotion to a nation; especially a sense of national consciousness exalting one nation above all other and placing primary emphasis on promotion of its culture and interest as opposed to those of other nations” (Merriam Webster). Nationalism states that a nation, defined by common cultural, ethnic, or historical elements, is inclined to establish an “independent political community based on shared history and common destiny” (Mastin, 2008). Shared history and common destinies are the collective fate of a nation, a belief in which nationalism is deeply rooted. During the 18th century, European and Asian states were composed of multiethnic empires and dynasties. These monarchies were very diverse ethnically, historically, and linguistically, leading to a weak national identity for those under their rule. As organized, more modern sub-states of a larger empire began to identify their collective fate along with their cultural, political, and ethnic unity, nationalism arose giving way to the creation of nation states. Both the American and French Revolution were a direct result of nationalism. In the 19th century, nationalism was a particularly strong force as it typically was the key element for the independence and national unification of many nations in Europe and North America. (The Columbia Electronic Encyclopedia, 6th ed, 2012) Since the 19th century, nationalism and a strong national identity remain some of the most powerful political forces as seen in its postulation of World War I and II as well as the conflict currently unfolding in Ukraine. Where there is not unified identity, a governm...
The international law is the fundamental basis of sovereignty and equality of all states. It promotes peace, order, and justice to the international society. The effectiveness of the international law is also anchored to the international community whether they will follow or not. It is important that international community has rules and obligation to follow in order to prevent chaos in the society. The development of international law led to the understanding of different policies and sanctions for the states. It deals with conflict of the states to relieve destructive conflict. The international law is agreed upon by the international community but there is no enforcing body unlike in the domestic law. State has been relying to treaties and international agreements for the prevention of war.
Nationalism is an ideology based on the basis that an individual's devotion and loyalty to the nation-state surpass other individual or group interests:nation is the central entity which is a sense of identity and belongingness for the citizen.They always place their nation first before any other individual,group or country.When people attached to their nations deeply,they would sense emotions toward their nations-usually very intense or excessive.Nations are bodies that seek to be strong and pursue power by any means.Nationalism assumes that every nation has enemies that are intent on weaken such nation.It can be offensive to other nationalities when they want to explain how their nation is the best.