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International Law And Its Implication On The Modern State

1507 words - 6 pages

Law on the international level is dependent on a states acceptance to be subject to the enforcement of laws. States must be willing to subject themselves into the international legal process. In international law, there is no single enforcement mechanism, which sometimes causes individuals to question the validity of international law. They question whether international law is a fundamental requirement of a modern, increasingly independent, global system of states and non-state actors. They question whether international law hinders and constrains them to pursue their self-interest. In modern times, because of globalism, international law is a fundamental requirement for international relations. In the last 100 years, history has shown us that the absence of such laws can have detrimental consequences on the entire world. The four sources from which international laws are made up from provide the validity that causes states to accept them without the appearance of biasness towards a certain nation or culture. The fear or assumption that international law hinders states from the pursuit of their self-interest is a mistake; rather, it reinforces them by ensuring that those that have been achieved or will be achieved are secured. The absence of international law, in such instances, would preclude states from the pursuit of self-interest or result in the reorganization of prioritiesWhat is international law and how does it come to be? The implementation of law on any given society or organization can be seen as conflict management. "In the international system of states, as in domestic counterparts, politic will turn to law to achieve desired ends and to promote the values of its members (Damrosch, et al)." The implementation of such law at the national level or below can be seen as anticipatory law; meaning that certain policy and procedures are put in place to stop the occurrence of outcomes that may be problematic or not accepted within a given community. These policies and procedures, laws, must be legitimate, meaning that a given authority, either the governed in a democratic organization or the ruler in an autocratic one must formally submit to the governance by such laws. In instances, were an individual fails to submit to local laws, where the community has accepted them, he will still be subject to them through their enforcement by institutions. With regards to international relations, international law is different. International law is not derived from an international legislature that would provide legitimacy to its execution. International law is ultimately voluntary, meaning that the party in dispute must submit to it. The absence of a supreme authority such as the one that is present in municipal law compels international law to reflect the general consensus of all that take part in it. This is done so that they all feel a collective responsibility to take action when it is violated. In contrast to domestic law, where the individual...

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