Concepts And Perspectives of International Law

Purpose of International Law

International laws basically refer to a collectively series of acceptable laws and regulations within nations (Lepard 2010). These laws govern the intercountry or nations activities between nations.✓ The relevance, power and authority of the international law are confirmed by the fact that it is acceptable to almost all nations in the world. According to Slomanson & William (2011), the descriptive analogy of the international law is that it makes use of forceful means for law enforcement such as sanctions, courts, countermeasures, and armed forces. The purpose of the international law as outlined by various scholars is to; Promote peace and prosperity, advocate for respect to fundamental human rights, and protection of natural environment against pollution (Cali, 2010). There are basically three types of international laws being practiced. They include;

Public International Law please avoid using subheadings in an essay like this.
You need to write in full prose and paragraphs.

According to Slomanson & William (2011), this is a type of international law that addresses nations and the general public on matters affecting the general public. It brings to justice individuals who commit crimes that affects a large group of people. It is divided in to three brunches;

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Public international law (as differentiated from private international law) guides the relationships and interactions between states. All states are sovereign and have their own interests and ambitions when governing, and this can affect how they interact with one another (section 1). The purpose of international law can be viewed as a means of maintaining order and promoting co-operation between states (section 1.2).

Customary public international law-It involves practices whose basis are opinion juris. This is a strong belief that a n action occurs based on some certain legal obligations.

Globally accepted standards-This is a public international law that governs the behavior between individuals. Legal codes- this are public laws that are written in MOU’s otherwise referred to as treaties.

Private International Law

This type of international law shows jurisdiction over private conflicts. It majorly focusses on corporates. If a legal dispute arises between company B that operates in both Canada and Israel, then the private international law addresses that dispute (Cali, 2010).

Supranational Law

This is a type of international law that orders a country to surrender their right to make certain decisions under the law to an international court.

Sources of international law

There are four sources of international law, they include;

Multilateral treaties

These are written international agreements between nations.✓ These treaties are bounded by the international law. The treaties must be submitted to the UN secretariat and published once ratified to article 80 of Vienna convention on the law of treaties and article 102 of the UN charter. An example of a multilateral treaty as a source of international law is the Liechtenstein v Guatemala case that was presided over by the International court of justice.✓

International Custom

International customs are otherwise known as opinion juris. According to Slomanson & William (2011), these are state practices that are accepted as law.✓ An example of this is the Assylum case between Colombia v Peru, where it was stated that for a practice to be considered a law, it should be common between the countries at play.✓ Customs rose from primitive societies as a rule of how to behave. The two distinct provisions of customs as a source of international law are behavioral and psychological affluence of the people. According to Slomanson & William (2011), the psychological ingredient entails the conviction that certain behavior is allowed as per the legislation of the International law. It is experienced more in the contemporary scope field of international criminal law.

General Principle of law common to all civilized nations

Once a principle is accepted as part and parcel of a state legal order, it is recognized as an international law. This was carefully shown in the River Meuse case (Netherlands v Belgium). The principle of equity was put in to place on the estoppeles and acquiescence. Similarly, the International criminal tribunal of Yugoslavia observed the doctrine of universal and specific jurisprudence of the International law.

Explain what legislative competence means in relation to devolution in the United Kingdom.

Devolution is basically the hierarchical process of distributing or sharing power from the main government to sub-government units.✓ In the UK, devolved systems are constitutionally under the UK parliament. Devolution in the UK exists within a framework called ‘Legislative competence Order’ which is a legislation of the constitution in a form of order that is implemented when transferring national authority from the United Kingdom to other National assembly of its subsidiary nations such as Wwales.✓

Legislative competence is the scope through which the national assembly of Wwales can practice its legislative power to make laws and amend them subject to their democratic rights. However, the 2011 referendum proved that majority of voters were for idea to give the welsh Assembly sovereign power to pass laws subject to all the twenty devolved areas without needing a go ahead from the UK parliament.

Development of the legislative powers of the Welsh Assembly has been gradual. Initially Wales had limited conferred powers, but following a number of developments, it has expanded upon its legislative competence. Most recently, the Wales Act 2017 established that the Welsh Assembly will move to a reserved powers model, and further powers will be divested to Wales. For example, powers with regards to speed limits, taxi regulation, ports, planning consent for most energy projects, shale gas extraction, elections and Assembly processes.

Scottish government doesn’t have the power to allocate itself fishing quotas. This is because Section 29(2)(d) of the Scotland Act 1998 stipulates that “...a provision is outside the competence so far as it is incompatible with any convention rights or with EU law…” hence, it is only the United Kingdom government distributes the fishing quotas amongst its four fisheries administration namely; Northern Ireland, England, wales and Scotland, thereafter the Scotland administration can allocate the quotas to its fishermen based on the FQA methodology.✓

The Scotland Act 1998 gave the Scotland parliament absolute control over all matters of education (in Scotland) in the 1998 school standard and framework Act (1998 c.31). It encouraged diversity and specialization of the academic framework in Scotland, it also allowed the assembly of Scotland to preside over legislations that helped change the name of schools, establish education zones, include English grammar to its vocabularies etc. Thus, education is one of the matters that the Scottish parliament have jurisdiction over under the unamended Scotland act of 1998

The relevant law here is section 29(2)(a) which provides that a provision is outside the competence of the Scottish Parliament if it would form part of the law of a country or territory other than Scotland. Therefore, for the Scottish Parliament to legislate on grammar school education in England is outside their legislative competence.

The Scottish parliament has no legislative competence to establish a monarch in Scotland. The legislative assembly in Scotland doesn’t have that power. It was further stipulated by the Scotland act 1998 that free and fair elections are held as part of satisfying the human rights, freedom and responsibilities to vote. However, the leader of the majority party becomes the first minister who is nominated by the Scottish national assembly and formally nominated by the monarch.

The relevant law here is section 29(2)(b) which establishes a provision to be outside legislative competence if it relates to reserved matters. Under Schedule 5 s(1)(a) it is noted that the Crown, included succession of the Crown and a regency is a reserved matter. Therefore, the Scottish Parliament would not have legislative competence to establish a monarch in Scotland.

Speaking against the monarch is regarded as a treasonous. The criminal offence of treason is described under the treason act 1351. It declares what type of offences are treasonous and outlines the circumstances that one can be considered treasonous. Legislative competence allows Scottish assembly to make laws that punish those treason offenders. It is however necessary to take note of the 2012 amendments of the Scottish constitution to facilitate the human right to expression.

You need to ascertain whether treason is within the legislative competency of the Scottish Parliament. The relevant law here is section 29(2)(b) which establishes a provision to be outside legislative competence if it relates to reserved matters. Schedule 5 s(10) establishes that treason is a reserved matter. Therefore, the Scottish Parliament would not have legislative competence to establish a monarch in Scotland.

Reading methods and note taking

This is a fundamentally simple and effective means to understand any course material to be studied. I used the bellow reading technique strategies.

Activating background knowledge- understanding Block1, I had to ensure that the bridge between my old knowledge acquired from class and from the library is reduced. Before I got deep in to the Block1 materials, I asked myself simple questions such as what I already know about UK law and noted it down in short points.

Questioning- I questioned myself about the knowledge I had already and whenever I could find gaps in my understanding, I went back to previous class notes and materials to refresh my memory.

Summarizing-I summarized in short notes each and every important point of the systematic study notes and materials of Block1

I would improve my research and studying father through employing other means of data collection such as interviews and questionnaires. It would be also useful to reflect on whether you were successful in putting your skills in practice, providing explanations What might you do to improve upon your skills and what steps will you take to improve upon them in the future. Please include a word count at the end of your answer. I make you to be about 100 words over the word limit not including the reference list and questions.

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References

  • Customary International Law: A New Theory with Practical Applications, by Lepard Brian, published by Cambridge [U.K.: Cambridge University Press, 2010. Print.
  • Fundamental Perspectives on International Law, by Slomanson & William, published by Boston, MA: Wadsworth, 2011. Print.
  • International Law for International Relations, by Cali Basak, published by Oxford University Press, 2010. Print. Oxford
  • Liechtenstein v Guatemala - Nottebohm - Judgment of 6 April 1955 - Second Phase - Judgments [1955] ICJ 1; ICJ Reports 1955, p 4; [1955] ICJ Rep 4 (6 April 1955)
  • Colombia v Peru [1950] ICJ
  • Netherlands v. Belgium [1937], P.C.I.J
    Scotland Act 1998 c. 46 SCHEDULE 5
    School Standards and Framework Act 1998 c.38
    The Treason Act 1351 25 Edw 3 St 5 c 2

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