Despite existence of the political, global and territorial differences the whole world is considered as a global village and such concept mainly enhances the idea of universal brotherhood. At the same time in the context of trade, cultural intercourse, the idea of globalization plays a major part. In this context it needs mentioning that no matter how much the globalization aspect seems positive and flawless but at the same time it includes several lacunas. In this global society also the superior nations are finding an opportunity to show their aggression, to inflict oppressive approaches towards the other nations, their people and their economy. The rate of crime has also increased to a great extent and most of the criminal, after committing the criminal deeds flee to other nations to seek shelter. As administrative system of a particular nation does not have the power to exercise the hold over other jurisdictions, the fear of being caught is reduced to a great extent for those criminals. At the same time economic aggression is also taking a brutal shape. According to modern international treaties in the post World War II situation it has not been possible for the nations to exaggerate the power of politics to express their imperialistic mentality. Thus, those nations have adopted the procedure of economic aggression through which a superior nation can enjoy economic hold over the other nation through trade relationship. Thus, the importance has also been realized by legal scholars that there must be some kind of restraints that prevent one nation to become havoc over the other. These are some of the typical situation; rather problems at the international level that generated the emergence of this new discipline of legal jurisdiction: International Law.
Legal and scholars of jurisprudence have attempted to provide definition of the International Law in different ...
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(History and Development of International Law Essay)
“History and Development of International Law Essay”, n.d. https://studentshare.net/miscellaneous/405440-history-and-development-of-international-law.
(Henkin, 1987: 282). The controversy begins when the question involves whether or not the legal right of self-determination applies to communities and areas within an existing national state. In the past, according to Cop and Eymirlioglu, “the manner in which UN Charter conceives the right of self-determination is far from being directed to create a binding legal norm, but it rather constitutes the mere expression of a political principle (2005: 118).” However, in more recent developments, movements in international law have demonstrated an inclination towards recognizing that self-determination embraces a right to internal democracy for all peoples irrespective of the status of the terr
As a result there is significant uncertainty regarding whether or not a rule of customary international law is created and where a rule of customary international can be found.1 Even so, it has been argued that custom is a valid source of international law because it is derived from state agreement.
As a result, humanitarian and other development organizations have been cautious about extending any form of aid to groups and individuals because of the legal ramifications of their assistance. However, all forms of aid have been placed at risk, even those which may genuinely be meant for development assistance and activities for developing countries.
However, when the question is asked if international law is really “Law,” the intention is not to essentially inquire as to whether or not international law is actually natural law, for this cannot be proven even by adherents of the natural law tradition.
In addition, the humanity witnessed the failure of UN Security Council, NATO, International Criminal Court, and many other conventions and organisations to control the use of economic and military power by the US and its allies in the name of ‘preventive war’, in stark contradiction with the meaning and ethos of all the measures taken by the international community after the World War II to save succeeding generations ‘from the scourge of war’.
Another reason is that the UN operates with a system of treaties, and these treaties often have overlapping and contradictory provisions, which are difficult to reconcile. The courts which are taxed to reconcile these contradictory and overlapping provision are themselves contradictory and overlapping, and each of these courts have limited jurisdiction.
These two cardinal points make up the public and private international law. Particularly, while the regulating of interaction among sovereign states relates to public international law, the governing of the freedoms, rights, and obligations of citizens of sovereign states in relation to their counterparts in other sovereign states directly relates to private international law.
.......................... 2 Overview of the sources of international law..................................................... 2 Treaties............................................................................................................... 3 International Customs.
This is because, inter alia, the states have found in this source a deliberate method by which to create binding international law. Article 38 of the statute of the international court of justice lists international treaties whether general or particular-establishing rules expressly recognized by the contesting states as the first source of international law.
According to the report there are many challenges, which nations face such terrorism, economic downturn, corruption, civil war among others that call for international community to intervene. International organizations play a critical role in ensuring member nations or nations within their operational area benefits from the services offered.
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