However, in the Postscipt of his book, the Concept of Law, he says that the need for certainty is not a requisite condition. Apart from the argument on uncertainty and generality, he discusses the issue of legality briefly. He said that “plainly these features of control by rule are closely related to the requirements of justice which lawyers term principles of legality." He ended the discussion on what principles of legality might mean. He now had developed a new interest which was to crush any
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
Question 1 In ancient t times there was little scope for international law but the rise of nations in the middle ages made it necessary to have international law. This necessity arose out of the need to have rules on maritime navigation and rules respecting diplomatic officials. States began to find international lawlessness unbearable and soon adopted some form of international law. With the lack of a body to regulate international relations, most states looked at canon law and the Catholic Church for guidelines on international law. The desire for international law was catalyzed by international trade, which required merchants from one state to be protected against the activities of other merchants of another state.
The dualist point of view believed that the state law or domestic law is supreme. Dualism recognizes international law. When that international law is a part of their domestic law .They believed that the municipal law prevails over the international law in every issue. First the dualist has established theoretical support on its doctrine as a law. They are doctrines that support municipal law like sovereignty and the thing that what we call general welfare of the domestic level of the law.
International Law is defined by the United Nations to be the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. There has been significant discussion by all theories of jurisprudence as regards the character of international law, and whether or not it is consider to be true law. Most positivist theory were confined by the principle of sovereignty for their interpretation of international law however Hart provides two key points of analysis into international law. Firstly Hart’s critique of Austin’s command theory, to which law has to be understood as a set of rules issued by a sovereign. Hart rejects both Austin's theory of rules as well as his theory of sovereignty.
It is mainly used in other fields of public international law, like international investment law for instance, where it is also referred to as the electa una via principle. According to this principle, potential claimants have a choice between domestic and international courts or tribunals. A selection of one tribunal automatically excludes the possibility of recourse of the same claim to any other competent court or tribunal. The implication appears to be that if one court has assumed jurisdiction over a given case the other court, irrespective of what the outcome of that case is, will exercise self-restraint and will never preside over the same case. Basically, borrowing from the maxim of theological hermeneutics, the court that is first to assume jurisdiction is the ‘Alpha and Omega’the first and final adjudicator.
Before media, politicians and other newsmakers had to rely on word of mouth to communicate the various messages they were espousing. However, they found this was an unreliable method of communication and the first newspapers and other media mediums were created. This comes at a drawback. As media companies grow larger and larger, they become more susceptible to bias. This has lead to a proliferation of bias across the many media companies in existence today.
It is of great endeavor but at the same time a challenge to be in the task of setting an interest in the context of the International Political System. Throughout the years this concept had been of great interest to a lot of thinkers and theorists in the international stage. It has been a concern since the International Political System like any other legal system varies between success and failure[ Fitzmaurice, G. (1956). The Foundations of the Authority of International Law and the Problem of Enforcement: Oxford University Press.]. For over the centuries that the world has been a home of chaos, the failures of such system had conquered its successes; failures that even renowned international organizations such as the League of Nations cannot
International law is the law between nations or between nations that show the complex principles that govern the relationship between the community of nations or countries. International law is part of the law governing the activities of international entities. At first, international law only defined as behavior and relationships between countries. However, the growth pattern of widespread international relations, international law also takes care of the structure and behavior of international organizations, individuals, and multinational corporations. As well as international law is used to show the customs and rules of law applicable in the relations between the authorities and show the complex rules and principles governing relations between members of the community of nations.
However, international law has developed since the decision of the PCIJ in Lotus and has shifted from a focus on bilateral relations among states where a state’s freedom to exercise its sovereignty is only limited by prohibitive rules to which they have consented, to a focus on the international community as a whole. A plethora of international declarations and conventions focusing on states’ duties to respect and protect human rights within their borders has emerged since the mid 20th century. This shift in trajectory challenges the consensual nature of international legal obligations and belies the role of the state as the central subject in international law. Traditionally, there is no hierarchy between the primary sources of international