Week 1: The conflict of laws in a commercial context Discussion Question: Conflict of laws rules and their benefits The conflict of laws rules enter into play when a case brought before a court involves so-called foreign elements. Before entering into the case itself, the court has to address a series of preliminary issues in order to ascertain which law applied and how to handle the case it is dealing with. The conflict of laws rules are a fundamental pillar of cross-border activities, in that they provide a mechanism to obtain justice in The main questions to be answered relate to a) the jurisdiction of the court that is seized with a matter, i.e. is the court competent to rule on the case, and – if the answer to a) is affirmative –,
Since International law has been the foothold of the International Arena, many problems apropos of its essentiality have risen. The applicability of it regarding the different issues on the relationship between states is now being challenged. Consequently, the nature of a state assesses the cooperation on international relations because each of them has something that they want and it is what we call self-interest. This essay aims to discuss how international law faces the current problems and how it affects the relations between the states by scrutinizing the context and issues behind it. It will also fare about the aforementioned argument as something we should know and recognize.
International norms are vital in international politics. Norms provide a shared understanding of the accepted behavior, which results in sedimentation. The idea supports the role of agents and how they influence the international politics through the framework that get developed from the norms. These expectations of the required behavior are important and can become much powerful to have effectively a limitation on the political actions globally and, in particular, the norms surrounding the organization of the political economy and trade. Norms have played a significant influence on the international politics indirectly (Keck & Sikkink, 2014).
That’s why Human Rights have a big impact on diplomacy. Moreover, in acute conditions, UN will impose Human Right intervention that violating the principle of sovereignty. As the evolvement of human rights going, more and more INGOs taking step in human rights protection such as Amnesty International and Human rights watch. These organizations helps government in controlling human rights violation issues by criticize and reporting any human rights violations that happen. These organizations also providing report to citizen about human right practice around the world.
Article 21 in the Lisbon Treaty is an important Article concerning external relations and it summons up EU as an international actor. In Article 21 it is stipulated that: • the Union‘s actions on the international scene shall be guided by the principles of which have inspired its own creation, development and enlargelement and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the United Nations Charter and international law. In relation to that the EU shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles mentioned in the last
Questions 1. International human rights law (IHL) is the body of international law designed to promote human rights on social, regional, and domestic levels . The International human rights law makes it clear that by becoming parties to international treaties, the States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The United Nations aimed at achieving international peace. One of the United Nations role is to achieve international corporation in the process of promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. The United Nations can be said to have favoured the European imperialists more than
important to see its role in the society. While understanding thematic approach to international law, one should not completely link such a discipline using a commercial approach. This commercial approach is used in contemporary international law. While understanding international law, there is a need to understand the term “world order”. According to Richard Falk, “world order is a system that consists of a behavior for security and changes identified by states, the structure of authority, conflicts, violence and international mediation” This current order is based on the behavior of states and its people.
In short, international law is also taking its place in order to empower the rights of the people in the sense of international accumulation. The global trends is being created and solved by international law. However, its effects are being put into considerations. International law, on the other hand, tries to formulate certain
Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations. In his recent treatise revision, Prof. Ian Brownlie notes that "sovereignty and equality of states represents the basic constitutional doctrine of the law of nations. He further indicates that this basic doctrine is contextualized by three corollaries: 1. jurisdiction exercised by States over territories and permanent populations; 2. the duty not to intervene in the exclusive jurisdiction of other States; and 3. the dependence of obligations which emerge from the sources of international law. From the Brownlie perspective, sovereignty is a tricky balance between one State exercising its jurisdiction or authority and parallel exercises by other States. It is important to note that there is no internationally recognized definition of sovereignty, which with its eventual conceptualization could prove as a solution to many current
These phenomena can be seen as the shifting trends in the international politics, and we also cannot deny the important roles of non-state actors in doing diplomacy in the international politics. Sub-nation or regional governments – including provinces, districts, and cities – can also be included as non-state actors, where they can transform diplomatic activities and doing a policy decision making process. The sub-nation governments also play important roles in international relations, which they perform really active in some different ways including doing trade and cultural missions abroad, signing agreements and treaties with other non-state actors and foreign states, participating in international networks of the regional cooperation and more (Kuznetsov, 2015, p. 3). These phenomena of sub-nation or regional governments as non-state actors can be called as Paradiplomacy. As mentioned by Rodrigo Tavares, cities and states are the new international actors and the sub-nation entities can be seen as a space where the capital, people, goods, services, and information crisscross and solidify (Tavares, 2016, p. 3).