The vast organization that constitutes international law includes an assortment of international traditions, formal contacts, pacts, consensus, and charters such as the United Nations Charter. The United Nations Charter has various codes of conduct or protocols, law courts and summaries of legal agreements which include legal examples of previous decisions handed down by the International Court of Justice. In the absence of a potent governing apparatus to enforce implementation of international law, international law is confined to the parameters where enforcement of international law is only possible when those in power agree to abide by the law (MacCormick 259). The underlying argument of this paper is whether there is international law which every country confides and abides to fully. Countries have different governing systems, and they usually adhere to their own version of international law which might include both case laws and legislation in their country. The adherence to international laws includes practical implications, measures and legal redress. These principles are recognized as part of international procedure which are implemented as a courtesy and respect for the Charter of the United Nations. This Charter includes but is not limited to national and international laws for respecting human rights and the sovereignty of other countries. They also include international laws regarding investments, offshore banking, tariffs, imports and exports, contracts, dumping and much more. However, to be recognized as a sovereign state, it is mandatory for a state to have its own government and defined territory (Wood 169). The sources such as international organization like the United Nations which are involved in the international law making processes face difficulties in formulating and implementing international laws since this is a complicated process that has to take into consideration any issues which that specific international law may produce. Determining the basis of international law will also include its claim to legal authority, its legality and rationalization and why should people be in compliance with such laws. The issue of origins is commonly addressed by international scholars by referring to the prescribed sources of international law, most specifically sources that are found in Article 38 of the 1945 International Court of Justice Statute treaty law and universal philosophy and ethics, supported by other reliable sources such as case laws written by renowned scholars. The legal philosophy advocated by Grotius is not written in the constitution, but refers to respect accorded to other sovereign states. This had become absolutely necessary during the early seventeenth century because there was no way of enforcing international law and the monarchies that had power or had seized power refused to adhere to or obey any law except their laws. All disagreements between states were settled by the use of military force (Kammerhofe 88). Conventionally, the states have used established international law makers and have formulated laws that apply to specific issues within their own states and the same laws are applicable to other states and individuals equally. Consequently, there
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[Supervisor’s name] Is there International Law? Is there international law? This is a question which could give rise to differences in opinions. Some argue that it is the power that shapes international laws, and others merely agree with them but do not fully accept and implement it…
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.
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.
International law on its part can aptly be considered as a system of rules or agreements binding international actors and in most states, states. International law sets the limits on and relations between and among states. International law is not a new concept.
States build fortresses to defend themselves from marching legions. With the same motive of self-preservation, states also forge alliances to help them ward off potential invaders. Fast forward to the 21st century, sovereign states are no longer threatened by wars waged by an invading enemy.
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.
.......................... 2 Overview of the sources of international law..................................................... 2 Treaties............................................................................................................... 3 International Customs.
This paper discusses controversy of the international law. At the end of the paper the author comes to very interesting conclusions. He concludes that the states are voluntarily observing the rules and guidelines framed by international law in the interest of world peace and international public order.
ds the members of the community together in their adherence to recognised values and standards….Law consists of a series of rules regulating behavior, and reflecting, to some extent, the ideas, and preoccupations of the society within which it functions.”1 Since inception of
istent conduct, then these states may be performing in that manner, for the reason that they owe to themselves a good judgment of legal obligation – as expressed in the Latinism, opinio juris. International law on its part can aptly be considered as a system of rules or
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