International law cannot be invoked to settle a dispute which is essentially a domestic matter of that state. The question is whether a matter is essentially within the domestic jurisdiction of a state or not has to be decided by the Security Council which is controlled by the five permanent members of the United Nations. The availability of the veto power in the hands of the permanent members of the Security Council is a major obstacle in solving international problems. There is no certainty for international law. The international law has failed to maintain order and peace in the world for many
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 –,
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.
The potential for global substitutes 4. The bargaining power of port users 5. The bargaining of port service providers These forces will impact ports of all sizes, which drive requirements for expansion of ports, service improvement, pricing decisions, and other management actions. These forces will impact ports of all types and sizes which want their ports to expand improve in service, pricing decisions etc. 1.
In its Decision on the Abuse of the Principle of Universal Jurisdiction (2009), the AU asserted that the principle of universal jurisdiction has been hijacked by judges from European States. Moreover, Tanzania, on behalf of the African States, requested to add the scope and application of the principle of universal jurisdiction to the agenda of the sixty-third session of the U.N. General Assembly. Also China, in its speech to the U.N. General Assembly, stated that universal jurisdiction was only an academic concept with no universally accepted
However, a Chinese Jurisdiction principle that seems progressive and is similar to the US is when Maritime Courts allow parties to reject jurisdiction where for appropriate reasoning in tort disputes. In Ocean Pearl v. Triton Case (2015) Ocean Pearl alleged that HNA & Triton, the ship-owner and ship- manager respectively, failed to fulfill their obligations and should be held responsible for the resulting property damage. HNA disputed the Shanghai Maritime Court’ jurisdiction because HNA was domiciled near the Tianjin Maritime Court. The Court declared “Pursuant to Chinese laws, this dispute is under the jurisdiction of the Maritime Court in the place where the tort occurs, or where the defendant is domiciled or in other places which have a
The assumption of the realist in this matter is correct in my opinion. States will prioritize its national interest first more than anything, and by anything it includes international law. Hence, even if the international law did exist, major states could merely dismiss it, as they will presumably get no harm. A shame for the law exists to serve on one purpose: Justice, and by that sense international law exists to serve justice in the world, to be able to create peace. Well, seeing these (in gaming term) many ‘glitches’ in the international laws though, peace is still far away from
Introduction One question that remains uncertain is whether the customary international law is applied by the federal common law of the United States. This paper, therefore, attempts to define the basic concept of international customary law and its application within the US legal system. International customary law overview Defining what the international customary law is problematic, as the law itself is considered as a part of the international law rather than an individual codified law. The International Red Cross (2010) has assumed that “the international customary law is made of rules and general practices that fill the gap left by the treaties in both international and domestic dissension”. Application in the U.S’ Federal common law system This article will go over some application of the International customary law within the Federal common law system.
1. Is international law a law or moral code of conduct? Explain your answer with elaborated example! Every state in this world has its own needs to be fulfilled to ensure the survival of the state and also the people of the state and will do whatever it takes to fulfill those needs. The fact is that there is no state that can fulfill its needs by only depending on the resources within the state but instead a state’s needs might be available in other states.