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. Based on experts, Jeremy Bentham, International law is also called public international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. Therefore, we can conclude that international law is a law which rules all countries in this earth in order to create what we call as peace.
Definition of Moral Code
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In moral code / moral code of conduct, which it is only kind of basic agreement, the violation over it there will be no punishment and if there is the agreement is going to be changed by the actor who involve in the agreement. Yet, in law there will be punishment if we see there is violation towards the rule which is legalized and implemented. Therefore, it is clear that international law is a law not just kind of moral code / moral code of conduct, based on its definition and its …show more content…
The author have searched that for the violation of international law there will be punishment, yet there is no such an exact punishment for the violator and the actor who have legitimate power to punish the violator have to discuss the punishment for every violator. This is might be the reason why some of the people or even the people in international relations study opine that international law is only kind of moral code. Even though so, if they think that international law is just kind of moral code because there is no exact punishment, they have to think it first because basically even the law which they believe in it as it has an exact punishment for the violator, it is the result of discussion. The different is it has been decided for every violator, unlike international law.
Second reason is international law has punishment as it aims to make deterrent effect to the violator. There are many countries which has been punished. In the last decade, International Court Justice has more than 25 cases of international law violation which has been given punishment. Even though the author agree that international law is bias as it only punishes countries which lack of power. Super power country like United States is very hard to be punished although they have violated many international
Unit 1-1: Why We Need Laws (Konstantin Degtyarev) Law are rules for everyone to follow, laws are intended to establish freedoms, responsibilities, democratic principles and respect towards others and the public equipment. A public law is between an individual or a group of individuals and the society; whereas private law is between an individual/s and other individual/s. A public law helps establish rules between people and their community, whilst private law establishes rules between people, hence the name private.
The definition of law is a system of rules that a community or country set to regulate the people apart of it. To make a law, the first step is to create a bill. A bill is proposal for a new law. Once the bill is created, it must make its way through congress. There are two stages for the bill to go through.
Also to deal with genocide by national legislation like other international crimes, and to view it by moral concepts. Document A also says, “What we have to do is to protect great values of our civilization through such accepted institutions adjusted to a formula of international law.” We already have some sort of laws against genocide, but we now have to adjust those laws into making them more important so the whole world applies to them. For example, the Nuremberg Tribunal was forced to dismiss the Nazi crimes, because of the lack of international law against genocide. In document A, the international concept said, “the Nuremberg Tribunal had to dismiss the Nazi crimes committed in the period between the advent of Nazism to power and the beginning of the war, as revolting and horrible as many of these crimes were.”
Rule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
Planning is transforming socially, but to achieve change it has to bring together, politicians, planners, and residents (Sandercock, 2004). Citizen’s opinions and rights should be taken into consideration. It is the number one rule in the planning process for participants. It says, “recognize the rights of citizens to participate in planning decisions” (Ethical, n.d.). Cities cannot progress unless they change their ways of doing things.
3 Reasons of Dislocation between Criminal Justice and Social Justice The significant dislocation between criminal justice and social justice exists in the practice of criminal justice, public opinions should be objective, rational and appropriate. Therefore, it is necessary to analyze reasons of this special phenomenon in order to avoid following blindly. 3.1 The Limitation of Criminal Justice in Practice Criminal justice has the limitation in practice, which is a significant reason of generating the dislocation between criminal justice and social justice in a specific case. Bernard and Engel (2001) argues that criminal justice is not a one-sided justice of those people in power, it is a variable influenced by two sides of criminal justice
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff).
‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual. " [1] The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect.
TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt.
Morals are defined as the standards of behavior; principles of right and
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.