International Law Essay

2238 words - 9 pages

International law has been regarded throughout history as the main system of rules regulating players of the international community, it applies to all states and imposes specific obligations and rights on nations, just as domestic law imposes them on individuals. Its purpose is similar to that of domestic law that is to eliminate chaos in the International community and set standards of behavior which states must follow in their dealings with each other.
Many controversies have arisen nowadays as to whether international law is “natural law”, international law now faces considerable criticism as to its effectiveness as law and doubts as to its actual existence, and its power to bind countries .
Some say that international law has failed to serve its purpose as International legal system, created to supervise relations of states, and achieve fairness between states in the international community. Some may even argue that International law is now controlled by states and reflects the character of society rather than the opposite. But to how extent is this true? Does international law set the rules for nations to abide by, creating a pattern of behavior followed by societies or has it merely become a mirror reflecting the behavior and practices of societies and controlled by it?
In this paper, I will attempt to show that while it is true that International law reflects the character of the society, it would be also correct to say that the opposite is correct.

The Development of the Modern International Law
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles of the society within which it operates.
The concept known now as international law has deep roots in history, in the early days; it took the form of treaties and agreements between many ancient civilizations such as the peace treaties between the Jews, the Romans, the Syrians and the Spartans (chapter 1, an introduction to international law, Janis M.), another early form of international law was the Jus Gentium, which was regarded by the Romans as the law of nations, a universal law applied in Roman courts to foreigners whose national law was unknown. In the early seventeenth century, with the end of the medieval phase in Europe, it was argued that the law of nations created legally binding rules which governed the sovereign states of Europe.
The subsequent emergence of the concepts of sovereignty and independence in Europe triggered the need for a unified structure under which relations between states could be conducted in an acceptable manner in accordance with the standards of general behaviour. This lead to the creation of the modern notion of International law, which has developed in the 19th century primarily through international conventions and recognized practices, which imposed obligations and created...

Find Another Essay On International Law

International Law and Municipal law Essay

5804 words - 23 pages _____________________________________________________________________________1.0 General Principles _____________________________________________________________________________IntroductionInternational law is concern with the legal relationship between sovereign states whereas municipal law is the technical name given by international lawyers to the national or internal law of a state, it concern with the legal relation between individual

Is International Law Really Law? Essay

2242 words - 9 pages What is international law and is international law really considered to be law; the answer to these questions can be found in the examples of different international resolutions. Some of these examples of when the law has been followed and upheld can be called law can be found in the examples of New Zealand v. France with the bombing and sinking of the Greenpeace vessel. Another example can be seen in the case of the Islamic Republic of Iran

Customary International Law

1743 words - 7 pages According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of

Public International Law

1956 words - 8 pages Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies

International Criminal Law

852 words - 4 pages International criminal law What is Criminal Law? With the passage of time, people are becoming more and more cognizant of the fact that various nations have faced heavy losses due to conflicts amongst them. Today, world’s so called super powers are deeply in favor of adopting and implementing International Laws, which give details regarding the rights and obligations of the respective countries along with methods of dealing with each other

Public International Law

1757 words - 7 pages The use of force is evolving to be one of the most disturbing issues in the international world today. In international law, the use of force according to the UN Charter is supposed to be used only in self-defence and not to threaten the political integrity of another state. The issue is that state X with the use of force breached the sovereignty and went against the territorial integrity of State Y. In International Law, most disputes between

International Humanitarian Law

1952 words - 8 pages International Humanitarian Law (IHL) is seen as the law in which provides basic human rights in time of armed conflict. The use of IHL in a modern scenario is needed now more then ever with the increase of entities that wish to disrupt the peace by ignoring basic human rights. Organisations and treaties have been created to help govern the IHL; which will need to be analysed to provide insight into IHLs. This essay aims to critically analyse IHL

Dichotomy between international law and domestic law

977 words - 4 pages The key question addressed is the dichotomy between domestic and international laws and the reasoning of these disparities. This essay will also elucidate reasons that realist standpoint on international law are valid. Firstly, subjects of the law; generally the subjects of the international law are states which may hold and exercise rights while citizens are known as the subjects for the domestic law. Essentially, legal personality who has

Bussiness trade: International law - Law - Essay

2570 words - 11 pages PRIVATE INTERNATIONAL LAW The human being usually lives in constant communication with other individuals in a society, because with the passage of time, the evolution of the world and of technology, communication and relations with other countries of the world have now been given. Although it is evident to mention that, in the same way, individuals have been involved in a constant conflict of laws or jurisdiction, because although it is the case

Public International Law Study Notes

9318 words - 37 pages Public International Law NotesIntroductionBrief History- Modern international law generally recognised as having its genesis in the Middle Ages in Western Europe - where, at the time, process of decentralisation leading away from Roman Catholic Church and Holy Roman Empire towards the Reformation and rise of Nation-States- Thirty Years of War (1618-1948) came to an end with Treaty of Westphalia (significant event for international law) - treaty

International Law Threatens Western Countries

1375 words - 6 pages this essay, how do violations of international laws present a direct threat to Western countries will be discussed in the first part, then the understanding of such threats and justice perpetrators of international crime will be examined in relation to comparative criminology in the second and the third part with illustration of various international data. Firstly, violations of international law generally refer to violation of human rights. Human

Similar Essays

International Law Essay

2387 words - 10 pages International law is basically the rules and principles which controls and governs the trade relations within different nations around the globe. The international law can be specifically defined as the relation between individuals and states, and relation between different organizations operating on a global level. Basically there are two kinds of laws governing the international trade scene namely: public international laws and private

International Law Essay

768 words - 3 pages QUESTION 1In this case, why International Human Right Law argued the proposed Amnesty Law recommended by new government constituted a Truth and Reconciliation Commission? What is International Human Right Law want to claim and what is Amnesty Law? In this case president Mustaffa was mass killing members of indigenous people.Mass killing is differs with genocide. Genocide is refers to acts that intend to destroy, physically of biologically

International Law Essay

1207 words - 5 pages The intent of this paper is to provide information on international law. The research will provide the reader with an understanding of legislation. The topics included are territorial sea and nuclear weapons. Each topic will discuss the legal relevance. International Law States legal responsibilities of their conduct with other states and their treatment of individuals within state boundaries are defined by international

International Law As Law Essay

1586 words - 6 pages International Law as Law When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward