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International law cannot be defined per se. The concept of International Law is not only complex but also dynamic. But, in a nutshell, we can say that International law is a body of rules that nations recognize as binding upon one another in their mutual relations.
However, International Law is evolving from the Morality principle to a more enforceable norm. In basic conception, International law consists of a common body of norms or principles which are used in the solution of diverse problems.
Upon the basis of this premise, International law may be accurately regarded as a set of uniform principles which require at least minimum standards of reasonable and humane conduct in the world community. International Laws are normative in nature.
They have a futuristic view and are especially inclined towards morality. They are not laws as per the precise sense of the term but they are followed by various Nation States as a part of the declaration of their Unity with other Nation States.
International Law is the law that governs International relations and various aspects of governance.
The incorporation of various treaties and protocols has, to a large extent, minimized the disregard for the rights of a Nation-State. The principles of International Law are established by consent and agreement. Express agreement is usually termed treaty or conventional law, and implicit agreement is usually termed customary law.
Both are based primarily upon the consent of States as manifested by their governments, although other participants including International public bodies and individuals have a role to play. It differs from other legal systems in that it concerns states rather than private citizens.
However, the term "International Law" can refer to three distinct legal disciplines: The two traditional branches of the field are: There are mainly two aspects that hamper the enforcement of International Law.
The Weakness in terms of Enforcement Agencies.
Conflicts between Public International law and National sovereignty The conflict between International law and national sovereignty is subject to vigorous debate and dispute in academia, diplomacy, and politics. Certainly, there is a growing trend toward judging a State's domestic actions in the light of International law and standards.
Certain scholars and political leaders feel that these modern developments endanger nation States by taking power away from State governments and ceding it to International bodies such as the U.
This especially occurs when States violate or deviate from the expected standards of conduct adhered to by all civilized nations. A number of States support very narrow interpretations of International law, including the People's Republic of China, the military junta currently holding power in Burma, and the Russian Federation.
These States maintain that sovereignty, and thus what some view as the basis of sovereignty, the ultima ratio regum, or last argument of kings mainly declaration of War ,is the only true International law; thus seeing States as having free rein over their own affairs and their affairs in the larger world.
Other States oppose this view. One group of opponents of this point of view, including many European nations, maintain that all civilized nations have certain norms of conduct expected of them, including the prohibition of genocide, slavery and the slave trade, wars of aggression, torture, and piracy, and that violation of these universal norms represents a crime, not only against the individual victims, but against humanity as a whole.
States and individuals who subscribe to this view opine that, in the case of the individual responsible for violation of International law, becomes like the pirate and the slave trader before him, hostis humani generic or an enemy of all mankind, and thus subject to prosecution in a fair trial before any fundamentally just tribunal, through the exercise of universal jurisdiction.
Another group believes that States only commit to International law with express consent, whether through treaty or customary law, and have the right to make their own interpretations of its meaning; and that International courts only function with the consent of States.The discussion of whether or not morality belongs in international law has its’ roots in both the definition of morality as a concept, and the ability of an international body to legitimize the adjudication process based on premises of morality.
DOES MORALITY BELONG IN THE FORMATION OF INTERNATION LAW? The discussion of whether or not morality belongs in international law has its' roots in both the definition of morality as a concept, and the ability of an international body to legitimize the adjudication process based on .
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The inconvenience stems from the fact that if international law is merely international morality, confusion is created when attempting to discern the difference between "international law" and admittedly other moral standards that are used to characterise the "rightness" of states' conduct.
The essay then moves out to explore the historical and thematic relations between just war tradition and international law, especially the law of war, arguing that these together define a moral and legal structure that is normative for world order.
Introduction: International law cannot be defined per se. The concept of International Law is not only complex but also dynamic. But, in a nutshell, we can say that International law is a body of rules that nations recognize as binding .