Differences in Public International Law - Essay Example

United Nations Introduction International law or public international law differ from conflict of laws and private international law, which deals with the differences found in municipal roles of various countries. Public international laws may form a contrast to the national laws, as they are only applied on the organizations that claim to be international entities. National law is the state’s internal law regulating the conduct of individuals and some other legal bodies operating within their jurisdiction. Public international law can be regional, bilateral or universal. However, some duplication exists between the regional and the universal labor law. The value of the national law lies in the possibility which it offers in establishing standards that are considered to be more progressive than the standards being used worldwide while dealing with the special problems of the region, for securing the uniformity of law existing within a particular region or for providing broader reciprocal advantages. United Nation plays a significant role in development of public international law. The General assembly of the United Nation was established in the year 1948 for promoting the progressive development of the public international law and its codification. The commission primarily associates itself with the public international law, though there is no restriction on them to enter the area of private international law. The Commission has been working hard extensively in the areas like international criminal laws, terminating in the completion of a draft act for the international criminal court and the draft for the code of crimes against mankind, peace and security. It has also successfully drafted the Vienna Convention on the Law of Treaties, Vienna Convention on Diplomatic Relations and the article on the responsibility of Nations for Internationally Wrongful Acts. The UN Commission is made of 34 members who are the experts in their own individual capacity and are not considered to be the representative of their government. The General Assembly elects them for a period of five years term, meeting for a period of 10-12 weeks every year in Geneva (Role of United Nations in the International Role, 2011). Role of International Security Council in Public International Law The Security Council was defined by the former British President, David Hannay, as one of most misunderstood and mysterious international bodies. Many of the writings about the Security Council do not pay much attention to its actual practice. These writings present the concepts of domestic laws in the practice of the Security Council, which actually do not have any work there. These writings have confused legality with legitimacy and have complicated some straight forward facts. This tends to undermine Security Council as an institution and has also undermined its respect for international public law. A debate was held at the Security Council in 2006, under the guidance of its President. The issue of the debate was described as “The Security Council and the Public International Law”. The outcome of this debate reaffirmed the commitment of the Security Council to the Charter and also to the Public International Law. The policy of the Security Council states that in all the international political disputes that are a threat to the international security and peace and where the legal entitlement claim is made, it is the responsibility of the Council to indicate it to the parties that they should have the resources of the court for settling their claim. The Security Council considers the fact that the role of Public International Law is significant in fostering order and stability in international relations, while providing a framework to the public and corporations to address more challenges and contribute to the maintenance of international security and peace. The role of the Security Council with reference to the public international law takes into account its relationship with the International Court of Justice, ending impunity, the rule of law and justice in peace building and the need for clear and fair procedures for targeted sanctions. The Security Council plays an important role in the safeguarding the rights of the individual. They provide a framework to the countries for designing their social laws. The major objective of the Security Council is to maintain the world peace by dissolving all the international political and social issues that are a threat to the international security and peace. There are several international security standards introduced by the Security Council and it is the responsibility of the entities operating to international level to abide by it. It is considered to be the principal organ of UN which is responsible for ensuring effective and prompt actions for the maintenance of peace. The functions and power of the Security Council are the one mentioned in the Charter. It holds the authority to make recommendations in the Public International Law and also to adopt decision obligatory on the members of UN (Role of the Security Council, 2014). Role of Economic and Social Council in Public International Law The Economic and Social council is another UN organ that provides an international platform for the coordination and discussion of international economic and social issues and also for formulating policy recommendation for the UN systems and its member states. There are a number of committees and commission made by ECOSOC that are working to tackle different economic and social field. The functions of these committees and commissions made by ECOSOC include social development, criminal justice and crime prevention, social development, narcotic drugs, sustainable development, the status of women and the protection of human rights. The standards introduced by ECOSOC regarding issues such as sustainable development and narcotic drugs are being implemented in almost all the developed countries, as they are associated with the health and the wellbeing of the people. The international standards regarding the trade of narcotics are being followed by almost all the international airports, with little amendments. ECOSOC role in Public International law is critical. This UN organ constantly tries to maintain the standard of living of the citizen in different countries. It address some of the most sensitive and crucial international issues every year, which are directly related with the health and security of people. The member countries of UN are obliged to implement the recommendations introduced by ECOSOC regarding the maintenance of standards associated with the environment and the society. ECOSOC has also made some policies for the protection of the environment. It has also introduced several programs that spread awareness regarding the measures that need to be taken for environmental protections. Firms that are operating in the international market or the ones who are planning to enter the international market must abide by all the rules and standards introduced by ECOSOC for promoting sustainable development. Multi-national companies before breaking any of these laws must keep in mind that they will be dealing with the International Court of Justice. Role of International Labor Organization in Public International Law The international labor organization uses the international labor standards as a primary tool for the government, which in contribution of their workers seeks to draft and implement social policy and labor law in conformity with the internationally accepted standards. For many countries this process begins with the decision to consider sanctioning an ILO convention. The standards developed by the international labor laws target for harmonizing the national labor laws being practiced in a particular field; however the actual ratification might exist along the path of implementing the national standards. There some countries who do not want to ratify a convention; however they align their legislation with it anyways. The standards of the international labor organization are used by such countries for drafting their policies and laws. Still there are many countries that quickly ratify the International Labor organization conventions and then work for aligning their national law and practice with it (Economic and Social Council (ECOSOC), 2013). The role of International Labor Organization is to pass a declaration on the fundamental rights and principals at work. The objectives of the International Labor Organization includes eliminating all forms of compulsory and forced labor and support the organizations who work for achieving this objective, respecting the freedom of association and recognizing the rights of collective bargaining, eliminate all kinds of discrimination with respect to the occupation and employment and join the fight against child labor. International Labor Organization promotes the fact that every individual has to work and has the free choice of employment. Employees have the right to join the trade union for the protection of their interests. Everyone who is working for any organization has the right to a favorable and just remuneration, ensuring the existence of himself and his family and be worthy of human dignity. Everyone has the right for equal pay for equal work without any discrimination. According to the own wording of International Labor Organization, the public international laws of the labor should be aimed towards promoting productive and decent work in the environment of equity, freedom, dignity and security. The International Labor Organization being a part of the international framework of governance ensures that the global government is providing these benefits to all the labors. The labor standards of International Labor Organization are laid down in the recommendations, protocol and conventions of the organization. Other documents that can be used for declaring international labor standards are the International Labor Organization’s codes of practice and declaration. At present there are about 202 recommendation and 189 conventions written by International Labor Organization providing a guideline for the Public International Law for labors. There are a number of older conventions that have been revised, however still the amount of international labor legislation through the international labor standards is the latest. The conventions written by the International Labor Organization are legally binding, however the recommendations are considered to be voluntary. Conclusion The objective of the UN is to establish peace and tackle any issue coming in the way of international security and peace. It plays an important role in public international role while setting certain standards for addressing crimes, environmental issues, social issues and the rights of the individuals amongst others. It constantly works to make the world a better place by influencing countries to abide by the policies and standards being set by them. The organizations planning to operate globally have to undergo a strict procedure, where the commissions formed by UN make sure that the companies maintain all the standards and policies and abide all the rules put forward by UN. The efforts of the United Nations in all the social and environmental area cannot be ignored as it constantly works to make this world a better place. References Role of United Nations in the International Role. (2011). Retrieved October 8, 2014, from https://treaties.un.org/doc/source/events/2011/Press_kit/fact_sheet_5_english.pdf Economic and Social Council (ECOSOC). (2013). Retrieved October 9, 2014, from http://www.unelections.org/?q=node/34 Role of the Security Council. (2014). Retrieved October 9, 2014, from http://www.un.org/en/peacekeeping/operations/rolesc.shtml Read More