In 1996, the International Court of Justice extended an Advisory Opinion as a response to the inquisitive anomaly between international states, organizations, and special agencies. The General Assembly (GA) and World Health Organization (WHO) were the contributors of the question regarding the “Threat or Use of Nuclear Weapons by a State during Armed Conflict.” Agencies such as these rely on political actors in order to function as organs in maintaining International Order. These international agents are often referenced as International Governmental Organizations or IGO. It would appear that they maintain International order through their granted authority derived from established norms. Essentially, their ability to request opinions on a…
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…
wrongful act? State Responsibility of Oceania State responsibility is the legal consequence flowing from breaches of international law and obligations by states. In this scenario, we are looking at the bilateral investment agreement between Australia and Oceania (pursuant to art 5). The law of state responsibility has been codified in the Articles on the Responsibility of States for Internationally…
10. Would it help the ICC if a new Asian Regional Criminal Court will be created? Could such a new court harm the interest of the ICC? In my opinion, creating a new court would not help the ICC, rather it would harm its interest in a way that it would totally undermine the judicial powers of the ICC. 11. Can the facts exposed by the ICC help to improve the international community even if the ICC itself doesn 't put many criminals in prison? Even if the facts are exposed by the ICC, it would…
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…
Due to its ground breaking nature, the database is an intellectual creation and is protected under the WIPO Copyright Treaty per article 5. Furthermore, the company is based in America and should only have to comply with U.S. regulations. It would be unreasonable for another state to interfere with the sovereign and domestic law of the United States. To do so would be a violation of the United Nations Charter Article 2(1). Under 1 U.S.C. § 1 any Act of Congress that uses “person” and “whoever”…
Certain measures have been implemented to deal with the promotion and enforcement of human rights on an international level. Those bodies that are not able to enforce decisions or laws primarily deal with the promotion of these rights. These include non-legal responses such as the media and non-government organisations. They must work in conjunction with courts and tribunals that do have adequate power to enforce their findings although these are often very costly options. Each response has at…
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…
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…
There is a civil war in Syria, the terrorization of ISIS, and mass starvation in North Korea. The leaders of these crimes need to be brought to justice. The President of Syria, Bashar al-Assad, is one of the main reasons for Syria’s civil war. He has broken Convention IV of the Geneva Conventions, which, “prohibits attacks on civilian hospitals, medical transports, etc.” and the use of chemical weapons, another prohibition. Assad also conducts war crimes (torture and other in inhumane acts).…