International Law Essays

As per the International Court of Justice, Customs are considered a primary source for International law, along with general principles of law and various treaties.Though customary laws are not considered as superior as other laws written by statute or treaties in the International law system and are loosing their influence, they still are considered and recognized as building blocks for the ever evolving international laws and given great thought in most of the scholarly works by jurists.The term ‘conflict of laws’ is used by countries with common law system whereas the term Private international law is used more appropriately in cases where civil law countries are involved.Since Private international law deals with international territ...

The Vienna Convention on the Law of Treaties, which provides basic guidelines for creating international agreements, defines a treaty as an international agreement between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments.However, other aspects of international law are not consent-based but still are obligatory upon state and non-state actors such as customary international law and peremptory norms (jus cogens).The International Court of Justice (ICJ) and other international law courts apply CIL as well as the law of treaties.In a nutshell, the assimilation of many types of sources which creating national and international law had shown that national bo...

It is inconvenient because if international law is nothing but international morality, it is certainly not the whole of international morality, and it is difficult to see how we are to distinguish it from those other admittedly moral standards which we apply in forming our judgements on the conduct of states.But if international law is not the same thing as international morality, and if in some important respects at least it certainly resembles law, why should we hesitate to accept its definitely legal character?This is due to the fact that states know other states are obligated by international law and international law helps through its norms and procedures prevent conflict by allowing states to settle their differences without resort...

Islamic law is for the whole universe and there is rule of law but in international law the interest of powerful is save guarded.The debate is still going on we have to do nothing with the legal status of international law but to know what international law is all about.In international law there is no hierarchy in sources of law but Islamic law depends on hierarchy of sources.Law is law and there must be no discussion regarding its status as law but international law is a core topic of discussion and its status as law is still questioned.State is main actor in present international system and is main legal personality in international law but Islam totally negate the concept of state system .

International law contains the necessary and typical notions of law in the national legal systems – “status, property, obligation, and tort.” (Hall, 2010) According to Ian Brownlee, this also incorporates substantive law, procedure, process and remedies.Customary law and laws that are set by an international understanding have an equivalent authority just as international law.Principles of public international law.Conversely, various rules of international law are acknowledged by the international population as “authoritative, allowing no exemption from the rule.” (Brownlee, 2008) Such rules... .First coined by English philosopher Jeremy Bentham, international law is customarily recognized as the law that regulates the affairs between so...

Aside from this, in Al-Haq v Secretary of State for Foreign and Commonwealth Affairs Cranston J recognised that customary international law applied in municipal law without transposition is inconsistent with our dualist system.Even though treaty and customary international law need to be exchanged to ‘domestic currency’, the English legal order and the law of nations are not completely distinct legal systems and indisputably influence each other.At this point, a question that might be asked by a person reading regularly the International News section in a British newspaper will be the following: ‘Given the importance of international law and its common interests in certain fields with the English legal system, what is their relationship...

(Stahn 2007) Whether the international law has been able to live up to these expectations is another matter, of course, and lately the power of the international law itself to maintain peace among states has been gravely challenged.International law has been of increasing interest to scholars in recent decades, following several incidents that have severely challenged the concepts of how international order, peace, harmony, and justice between nations and states are maintained through the application of an international system of rules and sanctions.International law and international relations theory: A dual agenda.There have been departures to these beliefs, naturally, as new criticisms emerged from the constructivist camp which argued...

However, non-binding decisions of international organisations may contain rules of law that are or may become binding through other processes of international law.Other bodies that are affected by international law have been determined to be only objects of international law.States have been considered to be the only subjects of international law and the only entities that can make, develop and enforce international law.“International organisations means an organisation established by treaty or other instrument governed by international law and possessing its own international legal personality.” International organisations may include as members, in addition to states, other entities.Pierre-Marie Dupuy and Luisa Vierucci, NGOs in Intern...

They are generally signed between states that have common interests and goals, but they create specific international law, which may not apply internationally because the terms of the treaty mostly apply to only the states that ratified the treaty and the issues that they discussed and have found in common.The legal dictionary defines Public International Law (PIL) as ‘A body of legal rules that apply between sovereign states and other entities having international personality’.International Conventions, or treaties, as they are more commonly referred to, are the most popular and important source of international law.To be customary international law, a principle must result “from a general and consistent... .International Law being the ...

Broadly therefore, international law is compounded by various advantages with which the success and promotion of the international business is fostered .“The Gulf Crisis and African-American Interests Under International Law.” American Journal of International Law 87, no.The international law comes into sanction with various understandings in form of laws and regulations governing international business liabilities.Broadly, different statues of the international laws have applied different in the domain of international business.“International Criminalization of Internal Atrocities.” American Journal of International Law 89, no.

However, the rights and obligations of these referenced subjects were considered and developed as international law itself evolved.International law has generally been accepted and respected by the States to be the fundamental element in ensuring peace and diplomacy when dealing with matters concerning international relations.International Law .Since the beginning of the development of international law, more specifically “from the seventeen... .In sum, the current legal status of individuals in international law can be compared to that of other non-State subjects, such as “insurgents, international organizations, and national liberation movements” (Cassese, p. 150, 2005); and as a result thereof, individuals have developed international...

One source of international law is customary law, and these are laws that are practiced by a number of states.Exhaustiveness of Article 38(1) This article covers many issues related to international law.Other sources of international laws, though not mentioned in Article 38(1), include resolutions that are passed by international bodies, for instance the UN.International laws govern aspects that include human force, armed force, worldwide security, environmental protection, international postal services and telecommunications, among other services.Sometimes these laws are biased towards specific regions and it is inappropriate to use them as sources of international law.

This has led to the poor economic growth internationally with the international law stressing the strategic decision making processes.The environmental degradation, global warming international terrorism and the widespread of infectious disease has also been an area of concern in the international laws.The international law creates the custom regulations identifying the legal controls on the exports and imports of products between countries.The GATT , NAFTA treaties and the European Union are the main sources of the international law.Careful business planning and legal practices avoid and reduce the risks involved with the international law as they affect the public and the private sectors of the business.

International Law is rooted in acceptance by the nation states which constitute the system.Since international traders are highly subjected to international trade laws and policies, they work in good collaboration with legal professionals and international trade consultants.Basically there are two kinds of laws governing the international trade scene namely: public international laws and private international laws.International law is a crucial aspect in international trading and it is mainly concerned with cross border transactions.The international law can be specifically defined as the relation between individuals and states, and relation between different organizations operating on a global level.

International law is the body of law which is concerned with the relations that exist between different States or between their nationals.Public international law contains all the rules of law which regulate relations between States, and define the organization, functioning, competence and powers of international organizations.Besides the fact that the existence of mixed law is supported by some, it appears that often branches of private law are tinged with public law, the reverse being also true.Private international law contains all the rules of law which regulate relations between natural or legal persons who are nationals of different States.European Union law (sometimes also called community law) is the law studying all the rules of...

However, Cassesse’ statements, whilst undoubtedly justified on the basis of member state commitment as signatories to international treaties and conventions, ignore the conflicts creates by the law making process which arguably make “little more than a manifestation of divisions in power between states of different political and economic importance,” which is further compounded by the conflict between the sources of international law under customary law and various treaties and charters.However, notwithstanding the theoretical importance of international law making in areas such as human rights and as a check on autocratic power, these measures are only as effective as their practical enforceability, which some commentators have challeng...

According to Odentun, this undermines the basis that such courts within their charter should represent “the principal legal systems of the world”.12 This idea has gained popularity as states depend on international law for checking excesses of other sovereign states.13 Any attempt to achieve a consensus or conclusion regarding the nature, source, or system of international law shall draw criticisms from all quarters.The Court shall consider the case under Article 38 of the Statute “in accordance with international law” and apply sources of law based on the international convention, international customs, the general principles of law as civilised nations recognise them, and provisions under Article 59.1 Territorial claim between Neganda ...

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.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.

Article 38 of the Statute of the International Court of Justice lists the traditional sources of International Law, which include the international conventions of a general or a particular nature that are recognised by the parties to the case, international custom that is evidenced by general use and acceptance at law, general principles of law as accepted by civilised nations and as subsidiary means to establish these rules of law, the judicial decisions and the teachings of the most highly qualified jurists of the various nations.Although draft articles prepared by the International law Commission are a good indication of the general opinion on an issue in the international sphere (due to the opinions submitted by the States), these pr...

Some say that international law has failed to serve its purpose as International legal system, created to supervise relations of states, and achieve fairness between states in the international community.• Janis M., Introduction to International law, ch.1 .• I. Lukashuk, the system of fundamental principles of international law vol.2,1989 (in Russian)).In this paper, I will attempt to show that while it is true that International law reflects the character of the society, it would be also correct to say that the opposite is correct.Does international law set the rules for nations to abide by, creating a pattern of behavior followed by societies or has it merely become a mirror reflecting the behavior and practices of societies and contro...

Sources of international law help us understand what constitutes international law, and how international law is created.By contrast, the constitutive theory of statehood defines a state as a person of international law only if it is recognized as sovereign by other states.Sources of international law can be divided into two main types, which are the primary sources and the subsidiary sources.Since States are considered as the principal subjects in International Law, recognition of a sate is the formal acknowledgment of the status of an independent State by other existing states.The article 38 of the statute of the international court of justice establishes the five main sources of international law.

Rather the term ‘international environmental law’ brings more specificity and shows that this part deals with a particular aspect, the environment.The decision of the Arbitration Tribunal in that case is an important development in international environmental law, since it outlines some early approaches of how international law was to deal with cross-border environmental damage.International environmental law emerged as a response to international concerns about the environment.International environmental law is part of international law.It would be an ungrateful task to define the scope of international environmental law precisely.

In the perspective of legal theories, to identify the subjects of international law must be based on these following basic signals: The participation in international legal relations that be adjusted by the international law; having the will of independence in international activities; having a full rights and obligations severally toward other objects under the scope to adjust of international law; ability of shoulder the international legal responsibility for the acts executed by object.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.Generally, objects ...

When power and interests clashes, skeptics see international law as a insignificant and nonexistent.However, some part of the article was a little bit biased about the validity of international law.However,others have occasionally seen international law as a strong tool to organize and change the behaviour of states for the better.It generally focuses on deficiencies of international law.International law has generally examinated from two dissimilar positions.

For an adequate comparison of international law to other laws, one should look closely at the available facts.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.Unlike municipal law, international law is a horizontal system designed to deal with the external interactions of states between each other; whereas municipal law represents a centralized system with various institutions.Making such disproportionate comparisons leads to many misconceived notions and at...

International law in principle.International law governs relations between independent States.Public international law has been considered as the law that regulates relationships between states.An accurate definition of Public International law is presented by the United Nations (United Nations, n.d.), where “International Law defines the legal responsibilities of States in their conduct with each other, an... .International law.

This is because the international community finds many matters of private international law of significance to them.International law, through international business law paves way for exploitation of third world countries by their developed counterparts.For a long time since its inception in the 16th Century, international law consisted of policies and regulations governing interactions between nations until recently when the law was redefined to incorporate relations between states and individuals as well as relation between international institutions.In his book; Imperialism, Sovereignty and the making of International Law Anghie argues that “the colonial confrontation was central to the formation of international law and, in particula...

Foreigners in general were secured by the international minimum standard before the birth of Fair and Equitable Treatment, (a tenet of customary international law which controls the treatment of foreigners (Bronfman 617), presenting them with a group of basic rights which countries must grant them, in spite of their local laws and procedures).Fair and Equitable Treatment Under Investment Treaties as an Embodiment of the rule of Law, New York, NY: Institute for International Law and Justice.First, there are courts, which hold that the standard of fair and equitable treatment belongs to the customary international law since it was included in international investment law.As discussed above, this standard evolves from international laws suc...

In the view of Sir Cecil Hurst, “international law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself or its nationals against another state”.Since its inception, there have been different definitions offered to define the term “international law”.Furthermore, due to the relationship between states and international law, some states have incorporated some aspects of international law into their domestic laws.Since about 1840, in the English and Romance Languages it has replaced the older terminology of ‘law of nations’ or ‘droit de gens’ which can be traced back to the Roman concept of ius gentium and the writings of Cicero.However, to a great extent, international law does inhi...

‘Subjects’ of international law are defined in Reparation for Injuries Suffered in the Service of the United Nations [1949] ICJ Rep. 174, where the ICJ stated that “subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights, and their nature depends upon the needs of the community..” Under the long-established rule, subjects of international law are considered to be sovereign states, however, numerous International Governmental Organisations possess international legal personality for specific purposes, also individuals have been given delimited forms of of international legal personality.International legal personality is a treasured outcome of the achievement of statehood, but h...