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. International law is not law in the true sense of the term- Hobbes and Austin
Thus, international law is a natural product of historical development, there is an objective and realistic, and, once having arisen at a certain stage of human society, and it will be further developed according to the laws of dialectics. Historical evolution of Public Law: This period is associated with the development of international relations of feudal states in the course of their education, to overcome the fragmentation of major feudal estate monarchy and the beginning of the formation of absolutist states. A feature of the regulation of international relations was the continuity of the feudal states of many international legal rules of the slave period. However, these rules were enriched and further developed. One of the features of the feudal international law in Western Europe was the influence on him of the Catholic Church.
At a very basic level, international law and Islamic law differ in magnitude. Islamic law governs the behavior and actions of individuals within their States, whereas international law governs the behavior and actions of bodies of government states or countries. Differences: Relation between law and religion International law embraces the view that a distinction between law and religion must be observed. Thus, in all international courts religion does not constitute an acceptable basis for a judgment. Although Western legal systems, as well as international law, have extracted many legal principles from religious sources, such as the Bible, these legal systems themselves are separate from religion.
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.
4.1. International Jurisprudence I would like to introduce the issue of international justice through the evaluation and analysis of John Rawls’ work The Law of Peoples. I do not intend to go through all the main issues Rawls’ work deals with nor shall I consider whether Rawls’ theory of justice is consequently applied. I shall rather focus on some issues of international justice. Regarding the International Justice, A Forster further asserts that it is, “a pacific international cooperation between liberal and decent society. It is an appropriate set of principles according to which relations between societies can be organized in as peaceful, stable and just manner as possible.” The principal point for the content of the Law of Peoples
Global human rights law The formal statement of inborn human rights is through worldwide human Rights law. A progression of worldwide human rights arrangements and different instruments Have developed following 1945 presenting authoritative document on inborn human Rights. The formation of the united countries gave a perfect discussion to the Development and reception of worldwide human rights instruments. Other Instruments have been embraced at a territorial level mirroring the specific Human rights concerns of the area. Most states have likewise embraced constitutions And different laws which formally ensure fundamental human rights.
201311475 International Law Ms. Pauline Brillantes AB Political Science TTH: 3:30-5:00 Prelim Thesis Statement: International Law has been the key for the states to maintain peace and order. This has been also used as an essential aspect of international relations. However, the aggressive war between different states and nations has an effect on the imposition of international law. The United Nation has a role in addressing issues on international law about global, economic and social issues. 1.
Through the colonization footprints, British introduced and applied Common law to the colonies. So, Common law tradition impacts most of the Commonwealth Countries’ current legal systems. United States, New Zealand, South Africa, Canada, Australia, Malaysia and Singapore are based on Common law tradition. The Civil law tradition is the oldest and more widely used legal system but it took longer time to develop than the Common law. The Economist (2013) described the origin of Civil law tradition as follow: European rulers drew on Roman law, and in particular a compilation of rules issued by the emperor Justinian in the 6th century that was rediscovered in 11th-century Italy.
What is the current status of the right to protect nationals under customary international law in light of the Crimea situation? Introduction Article 38 of the ICJ Statute lists customary international law as a source of international law. Customary international law arises from how states behave towards each other. An analysis will consider the acts of a state and whether the state is acting out of a sense of legal duty/obligation. When a customary international rule is formed it is binding upon all states even if a codified treaty rule is contrary to it.
It has also been regarded that, the principle of direct effect was first established by the European Court of Justice (ECJ) in Van Gend en Loos case. The prevalence of the Treaty provisions over the Municipal laws have been adhered by the Commission whilst observing that, the legal structure of the treaty and the legal system which it establishes shows on the one hand that, the member states ought not to leave abandoned the rights of the individuals and a mutual commitment towards the establishment of a new legal order for the Community law is very vital. And any obstacle between the applications of the community law within the member states be straightaway thrashed for the ends of comity of