right to self-defense and the right to equality in international law. In short, the "autonomous self-determination," the highest authority. The concept of sovereignty to enter the field of international law, is derived from Hugo Grotius which a book called< the Law of War and Peace>, he stands in a legal perspective elaborated and demonstrated the principle of sovereignty between countries.(Chun.S,2005,p.5) As the cornerstone of the international law, the principle of state sovereignty…
Investigation Wars are fought for a multitude of reasons - religion, revenge, ideology, resources - and even follow a procedure - a declaration that is authorized by a governing body that creates war between two countries. This legality assists in showing proof that one, the war occurred, and two, there was an agreement between the head of government and whatever governance of state that country holds. This keeps leaders from starting nonsensical wars that waste resources and destroy lives. But…
Specifically, Delsol claims that “man is the imperfect being who imperfectly directs himself through perfection” and “what characterizes man is not any unity that is finally, perfected achieved, but the activity and effort undertaken in view of unity, the action by which he progresses toward communion without ever completely realizing it.” The importance communicated by Delsol here is that people seek unity through recognizing each other for differences, not becoming replicas of one another.…
While the inception of modern public international law heralded a revolutionary shift in law governing relations, the accountability of States, individuals and actors who engage in unlawful international conduct has often been alibied by a horizontal system of law which is unable to enforce consent to cooperate with treaties and charters. Unlike domestic law, which embodies an enforceable judiciary, legislature and executive, International law has no agency or organisation capable of mandatorily…
1. Define and explain the significance of grundnorm. Essentially a grundnorm is an ordinance that states follow to make contracts between each other (J.G. Rumsey, International Law Lecture 2)(Murphy, 11). The significance of this term is that it helps to establish what states can put down on their treaties, so that they have something to refer to and go off of when making such a contract. 2. Define and explain the significance of pacta sunt servanda. The definition of pact sunt servanda is…
whereas there have only been statements regarding conduct of international organizations since the 1980’s. In International Law, the main criminal responsibility for individuals is dealt with by the International Criminal Court. In 1998, the Rome Statute was established by the ICC and the treaty came into force in 2002, with 124 states having ratified the treaty. (Lecture, Clarke) It established that there are four core international crimes that shall not be…
LIMITATIONS OF POSITIVIST INTERNATIONAL LAW Although, it may be appealing to rely on the positivist arguments that focus on international written, official rules, it is important to note that law transcends far beyond being just a set of rules controlling and dictating the behavior of societies. The norms, values, morals and beliefs of any community are reflected in its law. International law does recognize other sources which are not given any credence in positive law. It recognizes the…
For any intervention in the world, the international community should have some strong reasons. The United Stated Before considering the changing nature of humanitarian intervention under international law, it is necessary to consider briefly why humanitarian intervention was appeared as a justification for the 2003 war against Iraq. The cruel and brutal nature of the Iraqi regime is indisputable. For a long time, the former regime oppressed a system of persecution that contained widespread…
I argue that humanitarian aid is no different from other American foreign policies because it serves the interest of the United States. The PEPFAR program is an example of humanitarian aid that was initially received as a merciful and generous program, but it soon showed many altruistic flaws. The United States could have donated the allotted AIDS relief fund to the United Nations to spend on AIDS relief, but instead created its own relief program. Some issues with PEPFAR are that it…
Oxfam is an “international confederation”, which is comprise of 17 member organizations, including Great Britain and Hong Kong .These organizations also work together with partners and local communities in more than 90 countries. Oxfam is committed to make a world without poverty and it emphasizes the power of people, through practical, innovative ways to help to alleviate poverty and injustices. The initial concern of Oxfam was simply food provision to relieve famine, and over the years it…