The main source for the civil law system consist of: Constitution, legislation “statutes and subsidiary”, customary, international law and judicial precedents and conventions. For the common law system sources, it contain: Constitution (not in the UK), legislation “statutes and subsidiary legislation”, judicial precedent “common law and equity”, custom, convention and international Law . Basically, common law frameworks make reference to statute law, case law or judicial precedents and for the civil law statutes and other subsidiary legislations are the main sources for laws
1. Is International Law a law or moral code of conduct? Explain your answer with elaborated example! Definition of International Law International law is a law which legal in two countries or more and ruling for international scale. International law also could be defined as law among states and rule the society of it.
There is mainly two doctrine of rule of the idea of rule of law which are content rich doctrine and content free doctrine. No matter which doctrine, both of them promote the idea that everyone should be equally bound by and entitle to the benefit of the law. In The `Rule of Law’, he identified eight kry principles which characterize the rule of law including the law must be accessible and so far as possible intelligible, clear and predictable, and the law must afford adequate protection of fundamental human right
To make binding laws within its territory, prescriptive jurisdiction is referring to the supremacy of the organs that constitutionally recognized of the state. Enforcement Jurisdiction has a meaning of the enforcement of the laws that only allowed within the state territory itself. A State cannot enforce its laws on the foreign territory without the permission or agreement from the host state; or else it will be liable for a violation of International Law. Judicial jurisdiction is concerning about a particular country’s power courts of to try cases in which a foreign factor is present. In criminal judicial jurisdiction, the range is from the territorial principle to the universality principle; and in civil judicial jurisdiction, the range is from the mere presence of the defendant in the country to the nationality and domicile principles.
In Judicial precedents, it deals with the way both courts agree to specific international laws. For example, in the book it states that “two countries have agreed to have their territorial waters safe for navigation in the future” ( Collins, p.161). Treaties and conventions are combined from contracts which is undertaken by the sovereign states. The united nation plays a role in forming the international law because the treaties must be signed by several countries before it could be passed. The area of concerns for international law are diplomacy, war and peace, criminality, environment, and human
THEORIES AS TO THE BASIS OF INTERNATIONAL LAW Much theoretical controversy has been waged over the nature and basis of international law. In the coming sections the various aspects of the theories trying to give satisfactory structure of the concerned law. Does International posses law quality ? One theory which has enjoyed wide acceptance is that international law is not true law, but a code of rules of conduct of moral force only. The English writer on jurisprudence, John Austin (1790-1859), must be regarded as foremost among the protagonists of this theory.
Contemporary events on this world make it seem applicable to confer the much-debated inquiry of the relation between municipal law and international law. Borchard (1940) stated the two certain features about the debate which: first, that as long as the disputants do not extensively vary in the ultimate resolution of problems, they vary significantly in their developing theories and major premises. Second, that the effort of various countries on chance to getaway the restraints of international law convince them to find a justifying theory in its compensating emphasis upon state sovereignty and generally believed limited scope. Under the dualism doctrine, a comprehensible distinction is established between municipal and international law, creating
At the most basic level the difference between international law and domestic law is clear; international law concerns itself with those rules and regulations governing the relationships between states, and to a lesser extent, between individuals from foreign states, whereas domestic law primarily deals with internal affairs. However, while the definition of domestic law is somewhat intuitive, scholars and legislators alike find it more difficult to explicitly define the term ‘international law’. As defined by (The American Law Institute, 1987), international law ‘consists of rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical’. While this definition mentions individuals, it must be noted that it has been quite limited to date in this regard; international law has traditionally focused primarily on states (Lee, 2007) When trying to identify the relationship between domestic and international law, there are two schools of thought that prevail: dualism and monism. The former holds the notion that international and domestic law ‘exist as two separated, distinct sets of legal orders’, whereas with the latter the systems essentially converge, the international and national seen as ‘one unitary, coherent system’ (Müller, 2013).
International Law is the set of rules that agreed by each of country that agreed of the rules that already made. International Law also does not have the border, because International Law can keep changing and must be adapted to the dynamics and needs of the international community in the place where international law it grows, develops and applies. According to the J.G Starke in his book ‘Stark’s International Law’ said that the definition of the International Law is: International Law is a set of laws that mostly composed of the principles and the rules of behavior when the countries itself are feel bound and respect of it, and therefore them (countries) is also must respect and obeyed in relation of each other, and also including: a) The law rules with regard to the purpose of International institutions or the
According to this school of thought, International Relations is an arena where different sovereign states acts as a rational unit and sets aside morals and values for their own political and economic advancement and the thought also mentioned that the only way of achieving international security is to balance the power among the powerful states within the arena, which results in states continuously enacting and creating International Laws and Policies to even the scales. The different needs and desires of man potentially brings out the rational capabilities of the state to think for itself and its own. As to my opinion on the matter I consider International Laws and Policies as a result of a cause and effect, it can be the cause as well as the effect per se. It is a cause in a sense that man continuously create and enact International Laws and Policies to succeed or improve the previous law, and an effect in a sense that it is the results of man’s desire to promote and advance his own welfare and property, Which ultimately leads to these kinds of laws and policies. The effect of international law is additive, not absolute.