The Pros And Cons Of International Law

Great Essays
In a complete impartiality of rights and founded on their free consent, states in an agreement process of their will, form juridical procedures by accords or by 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 …show more content…
The international law is a coordination law and not a subordination one, and states are equal from the juridical point of view so that they have to ascertain the illegality and apply penalties. According to Trocan, the international law allows the use of force in order to exert the individual or collective self-defence right against an armed attack according the stipulations of art. 51 of the Charter it remains undisputed that sanctions receive legal recognition as specific countermeasures to violations of international law and that, in the event of such a violation, contractual obligations to the "law-breaking" state which otherwise apply are …show more content…
(2008) Procedures in International Law, University of Dublin, Ireland p.193-195
Charter of the United Nations and Statute of the International Court of Justice, San Francisco (1945)
Farrall, J.M (2007), United Nations and the Rule of Law, Cambridge University Press, New York p. 7, 33-37
Farrall, J. and Rubenstein. K, (eds) (2009) Sanctions, Accountability and Governance in a Globalised World, Cambridge University Press, New York. p. 10 -13
Jakobsen, T.G (2012) The Fall of Rhodesia: Why did the white minority rule end in today’s Zimbabwe?[Online] Available from: http://www.popularsocialscience.com/2012/10/19/the-fall-of-rhodesia/ [Accessed 24/9/2015 16:41]
Kochler, H. (1994) Ethical aspects of Sanctions in International law: The practice of the Sanctions Policy and Human Rights. International Progress Organisation, Vienna
Maross, A.Z and Bassett, M., (eds) (2015) Economic Sanctions Under International Law: Unilateralism, Multi literalism, Legitimacy and consequences, Asser Press, The Hague, Netherlands
Trocan, L. M. (2009) Sanctions in Public International Law ,Days of Law: the Conference Proceedings, „Constantin Brancusi” of Targu Jiu, Masaryk University,

Related Documents

  • Superior Essays

    Americans dropping of the Atomic Bomb over Japan under Harry S. Truman Name Institution Americans dropping of the Atomic Bomb over Japan under Harry S. Truman Under the rule of President Truman, USA were ready to use an atomic bomb against Japan. Various options that were suggested to the president for retaliating against Japan, but he decided on the nuclear bomb that has not been in use for a period. Truman based his decision on the past phenomenon such as “the wake of the bloody battles on Iwo and Okinawa. “The essay focuses on the primary objective of the Harry S. Truman, which is dropping the atomic bomb on Japan about the moral dilemma that the president faced.…

    • 1218 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Simone Ggbo Case Study

    • 1181 Words
    • 5 Pages

    The major objective of this essay is to select a case from the International Criminal Court and to describe the circumstances of the case, the parties involved, the alleged crimes, the evidence presented by both prosecution and defense, and the current disposition of the case. The case that I have selected to write about is the case of The Prosecutor VS Simone Gbagbo. The parties involved in this case are Simone Gbargo, her husband President Gbagbo, the citizens of Ivory Coast which is located in west Africa , and finally the International criminal court. In the case of the Prosecutor VS Simone Gbagbo, the defendant is accused of violating the Roman statue and violating crimes against humanities which include murder, rape and sexual…

    • 1181 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This non-compliance is a principle of Bingham’s eight principles of rule of law that international law must be complied with. Other principles of the rule of law proposed by Bingham are to “afford adequate protection of fundamental human rights” and laws which should apply equally to all…

    • 1010 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The United Nations was established in 1945 by 51 countries; by 2010, it was 192 countries strong. The participating countries were willing to abide to the obligations as outlined in the UN Charter, an international treaty which laid the foundation for basic principles of international relations. At its conception, the United Nations sought to serve four purposes: to maintain international peace and security, to develop friendly relations among states, to cooperate in solving international problems, and to act as a center of the harmonization of actions among nations. Unfortunately, the United Nations continues to serve as a prime example for Mearsheimer’s arguments that institutions provide false promises.…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    However, their effectiveness is limited due to the lack of enforcement in sovereign states. The establishment of the International Criminal Court in 2002 by the Rome Statue as a court of last resort and the INTERPOL was a significant development in the laws of crimes against the international community. The ICC was established as a permanent court in response to war crimes in Rwanda and Yugoslavia, in hope that by its creation it would raise the profile of the need to prosecute these crimes more seriously and consistently. Whilst, the Interpol is the world’s largest international police organisation, which plays a vital role in combating international crime such as drugs and criminal organisations, terrorism, high- tech crime, trafficking in human beings, fugitives and corruption. The ICC is central world court “creating an atmosphere of fairness and justice” (Daniel Donovan, International Policy digest 2012),…

    • 760 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    In his article, ‘Humanitarian Disintervention’, Nili (2011) presents a deontological argument on the primary significance of ‘negative’ duties during humanitarian crises. Using Pogge’s rationalisation of negative duties and Wenar’s legal framework, Nili argues that affluent liberal democracies and their citizens are accountable for international human rights violations as they breach their negative duty “not to harm” by indirectly sustaining oppressive regimes (pp.33-34). Nili suggests that liberal democracies confer “trading privileges” upon oppressive regimes through resource purchases which accordingly transfers resource rights from unconsenting citizens to authoritarian leaders; these leaders then use their gained wealth and power to prolong their brutal regimes (pp.33-38). Nili contends that liberal democracies’ negative duties thus include economically disengaging with oppressive regimes through boycotting and…

    • 998 Words
    • 4 Pages
    Great Essays
  • Great Essays

    In “Who Shall Be Judge?: The United States, the International Criminal Court, and the Global Enforcement of Human Rights,” author Jamie Mayerfield breaks down international crime by discussing topics such as: the United States dispute with the International Criminal Court (ICC) on a proper model to achieve human rights enforcement to the various controversies that have stemmed from the International Criminal Court. The International Criminal Court was ratified by sixty countries in 2002, and therefore was “authorized to prosecute individuals for genocide, war crimes and crimes against humanity” (pg. 94-95).…

    • 1184 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    In the criminal justice system, compliance occurs when members of society are encouraged to abide by laws. In this system, elements such as Youth Justice Conferences, the International Criminal Court and Mandatory Minimum Sentencing are relatively ineffective in encouraging compliance within the domestic and international community. In order to encourage compliance, laws should be enforceable and reflect the moral standards of society. The International Criminal Court (ICC), established under the Rome Statute 1998, is a permanent court that intends to prosecute individuals accused of serious crimes.…

    • 891 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Juvenile Justice Model

    • 493 Words
    • 2 Pages

    Over the last couple of decades, many countries have developed their youth justice policies and practices. A major influence factor has been the introduction of guidelines by the United Nations. The UN’s 1989 Convention on the Rights of the Child has influenced youth justice system in many countries, including the principles underlying each justice system. In this paper, I will be discussing two countries, Canada’s and Scotland’s compliance with the UN Conventions principles that they have implemented since the 1990s.…

    • 493 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    People who are involved in international law come from different countries which have different law systems and this creates problem for international court to decide about the…

    • 1153 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    The fundamental objective of international law, to regulate the relations between sovereign states, has become a standard to evaluating the effectiveness of different approaches to international law. Various philosophical disciplines have interpreted the importance and usefulness of international law in order to establish a better understanding of how international law is to be executed. This paper will take a thorough look at how two different philosophers have explained the concepts and principles that make up international law. Specifically, analyzing how Niccolò Machiavelli and Hugo Grotius present contrasting ideas of the original principles of international law and propose different ways through which international law should be justly…

    • 1263 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Cybercrime In Canada

    • 546 Words
    • 3 Pages

    In Canada to strengthen the security of already existing law and electronic devices vivid kinds of tools are being used. To implement national and international responses to collect electronic evidence in cybercrime activities Canada using wide range of tools. Following are the important national and international tools: [4] International Tools: United Nations Convention against transnational organized crime: This instrument came in to effect on 25th of December 2003. It is one among the major international instruments in action counter to transnational organized crime. The code of the tool is to hinder, abolish and punish trafficking in persons, exclusively women and children.…

    • 546 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Essay Outline and Annotated Bibliography Does Article 51 of the UN Charter violate the customary law of anticipatory self-defence? Where does the Bush Doctrine of pre-emptive self-defence fit in? Introduction The United Nations was created to prevent another world war, and to maintain peace and cooperation in the international system.…

    • 1081 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Introduction On July 17, 1998 South Africa signed and proceeded to ratify, the Rome Statute of the International Court (Plessis, 2007). South Africa was one of the earliest supporters for setting up the court that would be known to try extreme cases of human rights violations. The International Criminal Court (ICC) was in fact created to take care of any atrocities and punishing them within the international borders, ones that cannot be dealt with within their own territories. The ICC stands as a last resort to any criminal events still standing, within the realm of where its jurisdiction lies (Plessis, 2007).…

    • 2400 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    In this paper I will be assessing the impact of globalization on the U.S. criminal justice system. Then I will be comparing and contrast international criminal justice systems (Civil Law, Common law, and Islamic Law and Socialist Law traditions).Discuss the impact that cyber crime and technology have had on worldwide justice systems. • Differentiate the policing systems on a worldwide scale. • Identify major crimes and criminal issues that have a global impact on justice systems and processes (e.g., Somalia, Rwanda, Bosnia, Darfur, Congo, etc.).…

    • 864 Words
    • 4 Pages
    Improved Essays