Wednesday, May 6, 2020

International Law as Law Essay - 1569 Words

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. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a†¦show more content†¦Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a ) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for int ernational law. States are required to meet their international obligations as well as formulate efforts toShow MoreRelatedInternational Law2995 Words   |  12 PagesIndividual in International Law Student`s name: Institution of Learning: The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. 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It further provides that in the event of serious violations of the Protocol, States parties undertake to act, jointly or individually, in cooperation with the United Nations and in conformity with the Charter of the UnitedRead MoreInternational Law On Sexual Violence1573 Words   |  7 PagesInternational Law on Sexual Violence in Congo Roody Mossimi Dr. Bruce Stanley Politics of International Law INR 6210 15th December 2015 Richmond the American international University in London This essay will discuss about the problems within international law which revolves around sexual violence and using the Democratic Republic of Congo as a case study. 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In the long march of mankind from the cave to the computer a central role has always been played by the idea of law- the idea that order is necessary and chaos inimical to a just and stable existence. Every society has a framework ofRead MoreInternational Law And National Levels2501 Words   |  11 Pagesexamine international law’s response to addressing the challenges posed by environmental concerns. Moreover, the author will provide a critical analysis of the sources of international environmental law and the mechanisms for enforcing environmental laws, in order to gauge the effectiveness of environmental laws and the corresponding enforcement mechanisms. The author of the essay will first briefly discuss the sources of International environmental law and the mechanisms for enforcing such laws. Thereafter

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