International law

custom that lead to the international law creation. The creation of the juridical regulation becomes compulsory for all the states. The violation of an international obligation causes international response of the States. In this framework, a State which commits unlawful acts of international perception and whose liability has been proven under the rules of international law may be subject to sanctions. Sanctions can be defined as measures imposed by states or organs representing the international community in response to the perceived unlawful or unacceptable conduct by other states…

as the doctrine of international law of sources refers that the two means in making international law the first being international agreements i.e. treaties and the second state practices accepted as law i.e. “Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda” (Janis 50). This was expanded upon by article 38 in the ICJ creating a…

dodge the issue in the international criminal law and for a genuine international criminal law to emerge which goes beyond the sovereignty of individual states. The basic meaning of International Humanitarian Law is derived from the idea of rules that seek to limit the effect of armed conflict, for humanitarian reasons. It seeks to protect people who are not participants in the hostilities and also restricts the means and methods of warfare. International humanitarian law is also known as ‘The…

International law is a broad body that operates within an anarchic system. It contains two sections of law as well as a multitude of organizations that work within the laws. These laws also are enforced, or attempted to be enforced, by international courts in which states hold each other accountable for their actions. International law contains two types, public and private. Public international law is legal norms such as treaties that apply to interactions between states or states and other…

In order to understand the relationship between international humanitarian law and international human rights law, the foundation, development and overall intention of these separate sets of laws must be explored. International Humanitarian Law or IHL, is a set of international rules that has been established by treaties or customs for the intention of solving the humanitarian problems that arise directly from international or non-international armed conflicts. This universal body of law began…

discusses the relationship between international law (module 3) and international organizations in establishing global governance (module 1). While international relations exists in an anarchic state, interactions and activities that occur internationally are relatively organized. International organizations impart purpose and direction in the form of governance upon international affairs. In the absence of a world government, international organizations and international laws work in…

defined in any International Law document, but, attempts at finding its true content and meaning have been made by several notable International Legal scholars. One such definition being “the principle of good faith in international law is a fundamental principle from which the rule Pacta Sunt Servanda and other legal rules distinctively and directly related to honesty, fairness and reasonableness are derived, and the application of those rules is determined at any particular time by the…

International law is founded on the principles of recognition and compliance, but pays little attention to motive. The motive of states and leaders is posed as a question for political scientists, rather than legal experts. However, why states comply with the obligations, duties, etc. of international law is just as important as the system itself. Beliefs and intent are necessary for judgements in many instances within international law. While these more philosophical constructs are typically…

Generally, there are two elements to define a rule if a customary law or not: the physical and the psychical. In the aspect of the physical element, a customary law has international usage, general practice or usus. Namely, a customary law has to be practiced worldwide, continuously, repeatedly, unanimously and analogously. In the aspect of the psychical element, a customary law has to be accepted by states in the international society, to get the opinion Juris. The customary laws are usually…

International/Public law concerns the laws effecting inter-state relationships and state/international institutions; such as the United Nations; as in Treaty of Rome 1957 . Institutions create international law such as the ECHR . National law deals with issues only within its own jurisdiction. International law is consensual – 47 states have currently signed the ECHR. National law makes binding precedent based on its own constitution and legal system. International law is also still relatively…