State Relations Global Concerns And Individual

Can International Law constrain the actions of the state?

The main international law subjects among countries such as America are the states. In the beginning, the relations between self-governing states were only regulated by international law especially within diplomatic war and relationships (Rothwell, 2016). Today, there exists more international law subjects, and its content has extended as well. Global concern problems need the attention of the action of the state. The modern technology has increased morecontact between the people and the countries. Therefore, there was the importance of regulating communication by introducing new rules. Also, international law handle matters such as the use of character or inhabitants’ treatment which traditionally was viewed as being within the domestic jurisdiction of the state (Rothwell, 2016). The action means that to some degree, individuals have worldwide personality because they practice specific rights. However, international law cannot constrain the actions of the state because federation lacks moral responsibility to comply with IL.

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Define international law and state law?

International refers to an accepted collection of laws among the countries. These laws govern the daily activities countries' they engage in among themselves. The most profound reason for establishing international law is to strictly handle problems that would affect entire countries instead of concentrating on countries' rights (Svantesson, 2016). Contrary, state law is passed by the legislature of state and confirmed to a ruling by the governor of a state with jurisdiction in at least one of the fifty states of U.S. Sometimes, state laws conflict with federal regulations and will either replace them or the federal court will challenge them.

Thesis statement on whether one is superior or if they are equal.

The essay will show that despite some developments in International Law, it cannot constrain the actions of states. However, international law is part of the state's law; therefore the U.S respects international law since it is superior to its state law.The state signed international law customary rules that bound the country to comply with international treaties. According to various international law sources, state partakes legal responsibilities towards other governments.

Discuss the development of international law

These discussions could be used to show that the development of International Law has in some ways helped to constrain the actions of states. The earliest foreign law expressions were diplomatic relations and the rules of the war. During the discovery age of the law, the guidelines on governing the territory acquisition became more significant, and they explained about the attitude of liberty of seas since it was crucial in trade expansion globally. As a result, international law developed as a necessity. International engagements increased simultaneously with international law. International law originated from western European's values and traditions characterized by biases. Towards the end of the second war, states agreed the need to have more cooperation internationally which resulted in the formation of the United Nations (UN). The UN made the domestic issue to be known globally by creating international law (Svantesson, 2016). Decolonization led to the creation of new states, but further states challenged the rules. A different state's group is diverse in its ideology, culture, and economics. Most of the individuals became international law subjects. Therefore, modern technology, international law, and globalization have led to closer contact among the states.

Examples of types of international law and where they apply

International law has two branches which include jus inter gentes and jus gentium. Jus gentium is an accepted body of laws but not a legal code or statute that rules the relationship between the countries. Contrary, jus inter gentes are the body of agreements or treaties that are typically acceptable among the nations(Lookofsky, 2016). An international law portion is referred to as consent-based governance which means that a state is not supposed to follow the law until the sure plan of action is allowed (Lookofsky, 2016). However, other international law aspects are not consent-based, but nations must follow them.

Globally, there are various types of international law that includes public, private and supranational international law. One of the kinds of international laws is federal law. The judge handles persons and nations that may be influenced by those specific laws. Public international law is characterized by the following public international law aspects (Deeks, 2016). They include customary federal, international law which entails practices of the natural state that depends on the opinion juris which believes that legal obligation carries out every action of the law. Standards accepted globally govern the behavior of people. Treaties are the name given to legal codes documented into agreements. The second type of international law is private international law. It is different from public international law since it governs individual battles between persons rather than among states. Private international law is responsible for determining the jurisdiction that has the power to hear the legal dispute and which the requirements of the administration should be enhanced to the situation(Deeks, 2016). Typically, most corporations practice private international law because they transfer their supplies and capital frequently across borders globally. The increase of business activities between nations leads to a high rate of disputes between the participating countries. For example, if a company named A carries out its business activities in both Canada and U.S, the legal disagreement arises and private international law which nation has jurisdiction in the dispute and which acts to be used when handling the case's facts. The bill will help in understanding if it is a US branch or Canada that should take part in dealing with the matter. Supranational law is another type of international law (Bianchi, 2016). The lawyer handles a situation where nations take their case to the higher authority or court for them to make various judicial decisions. The supranational law decision is prioritized first than the national court's decision. The European Union is a perfect example of an international law that obeys the supranational law rules. The EU is an organization that uses the legal system of transnational and also handles international treaties. According to EU law, all the courts in its member states are ruled by the court of justice of Europe (Bianchi, 2016). Another type of international law is international criminal law which is public international law's subsect. The law operates in punishing individuals who commit a more severe nature crime that aims at attacking different groups of persons. Aggression, war crimes, humanity crimes, and genocide crimes are the prime examples that are under criminal law. The fundamentals of understanding international criminal law are to comprehend its components (Kreps,2016). Firstly, international law has power over the responsibilities and relationship between interacting countries. Secondly, criminal law establishes and imposes similar punishments to what is considered to crime and what is not crime related case (Kreps,2016). The core of international law combines two instances. The law dictates the guidelines and consequences to be suffering from severe lawbreakers.

Difference between international law and national law

International law is an organization of maritime conventions, treaties or agreements that entails activities between countries (Kalb, 2016). Domestic law (national law)is applied internally by specific state and does not use outside the borders of the nation.

Role of international law in government and international organization

Promotion of global prosperity and peace among people and nations is the primary responsibility of international law(Kalb, 2016). Typically, international law eliminates disputes that might occur between the countries.

The Role of International Law in the United States Legal System

In the US, international treaties ratified and signed become part of its domestic laws. According to its constitution, Clause 2 of article VI, the states should adhere to any international treaty that has been joined by the federal government and cannot contradict these global agreements. The US court has used these Clause to bring down the statutes of the state that oppose these international treaties even after its ratification by the Senate. Sometimes, federal governments use conventional global law sources without controlling provisions of federal courts.

During the American-Spanish war, the Supreme court of the US used customary international law (Kalb, 2016). To know America had violated the foreign customs of wartime when its ship seized. The court applied the traditions America had broken to interpret the existing law of the U.S. Also, according to the Second Circuit Court case (Kalb, 2016). U.S courts are bound to international law.

Benefits of international law experienced by nations

The global is instrumental globally since, without the law, chaos could be all over. International law establishes a framework grounded on the states as the main actor in the legal system of international law. The law defines the states' legal responsibilities in the way they relate to the individual's treatment within the boundaries of the state. Its area encompasses war conduct, use of force(Damrosch, 2015), prisoners’ treatment, nationality problems, migration, refugees, international crime, disarmament, human rights among others (Damrosch, 2015). Also regulates the global commons, such as world trade, global communication, outer space, international waters, sustainable development, and environment.

It is argued that some of the origins of the International law have contributed to constraining of the actions of the state. The primary sources of international law are listed in the International Court of Justice statute (Vij, 2016). An agreement that has been approved by all United Nations members. The four primary sources enumerated in the treaty include international conventions, customary global laws, general law principles and judicial decisions.

When two states come into contact, some norms are turned into usual rules of law. As the legal system develops, the number of individuals using customs reduces and its participation is recorded in various treaties. Material and psychological element makes a tradition to become a law. Material element entails the practice and behavior of the states while the mental aspect is the state's conviction. When a rule develops into a custom, it crystallizes to customary law. In the material element, no specific time duration or limit of practice. The North Sea Continental Shelf Cases (Vij, 2016) highlights why the particular limit time is not essential in the material element. Several factors determine the period required to develop the rule which includes

The need to make a new rule by revising the existing standard which takes longer time. Before the practice of the state is used as a law, it must have a uniform and constant usage. Different circumstances determine practice frequency importance. Consistency in training is more crucial than frequency. General practice can become customary law but not a universal method. A local custom should be supported and acknowledged by all the states involved to check the uniformity and consistency of the usage. The country is never under the rule if it opposes customary international law (Vij, 2016) control. There is an expression of dissent before the establishment of the government. A state is considered as consent if it does not depict its objection. A new state in the global legal community obeys the rule once the practice is recognized as customary law. In a case where the existing government is available, the comparison is made between the number of states who opposes the old rule and the number of countries who want the establishment of the new law. For the law to be custom, absolute conformity of the state practice is not required. If the participating international community members have the same number of those who support the new and old law, there exist the duration of vagueness (Vij, 2016). The state’s response determines how fast the situation will change.

Treaties:it is only practiced by the states who have settled to its terms. Bilateral and multilateral treaty are the two types of settlements. Bilateral means the agreement operates only between the two conventions. Multilateral treaty means it operates among several states. There is a distinction between a law making treaties (Vij, 2016) and treaty contracts. Lawmaking treaty only develops specific code between signatories while treaty contract has several signatories and they make law per senate. Agreements make an international law that bound the members signing it. Since the multilateral treaty can mature to customary international law, it has a broader effect and therefore seen as lawmaking. The impact of quasi-legislative characterizes a multilateral agreement. A settlement can be reflected as customary international law if there is a combination of multiple bilateral treaties (Damrosch, 2015). In international law, treaties and customary law have the same power. Agreements that establish both different international regime and international organization have a global effect.

General principles: these principles were created when the judge was unable to make a court decision due to lack of legal rules that were relevant internationally. General principles are principles common to universal law system and civilian judicial system. When there is no international rule for a specific situation, general principles are applied (Dinstein, 2016). General principles mainly focus on procedural techniques.

Soft law: these laws contain international instruments of non-legally binding. The law exists in various forms that include non-legal and legal (treaties) soft law, and it must be documented on a paper.

One of the pros of the law is that it can be applied when states disagree about the duties and negotiations cannot help. Contrary, the law discourages states from applying ‘hard law' because soft law can yield hard code. Soft law example includes Human Rights Universal Declaration.

International law norms: State consent depends on international law to undertake an obligation. States can purpose to rules however some standards are dictatorial. These norms cannot be changed. When new standards are developed, treaties were no longer used(Damrosch, 2015). The state’s international community recognize and accepts peremptory norm as explained by treaty laws of Vienna convention.

Sources of researching various forms of international law

Some researchers argue that some sources of examining forms of IL influence how the law constrain the state's actions. Some helpful sources of investigating international various forms include;

The American Society of International Law’s(ASIL)Electronic Resource Guide(Bianchi, 2016) which contains a list of an overview suggested reading for different fields in international law

A summary of ASIL’s international law (Bianchi, 2016). It is reported that is electronically published in every Friday and has a synopsis of judicial proceedings, current declaration, and resolutions, Treaties are the most straightforward source of research on international law. One can research in both multilateral and bilateral agreements. The following sources also help in the investigation of international law Resources from the web, journals, Treaties and International Acts Series (TIAS) that provides official report all the treaties, and periodicals among others.

How can international lawwork with so much conflict in the world?

International law works successfully though invisibly sometimes. The global economy and world trade rely on it because it regulates all the activities needed to operate businesses such as transportation of goods and financial transactions across the borders. For landlocked states, there are several treaties for shipping access, water bodies, civil aviation, railroads, highways, and roads. Punishment or prevention of terrorist acts, e-commerce regulation, is operated under new treaties of international law.

Whether international treaty law can impinge on a nation’s sovereignty?

The state must show the willingness to accept the legal obligation and rights through the actual act in the treaty to become a treaty party ‘consent to be bound’(Bianchi, 2016). The nation can do the deed in different ways written in relevant treaty terms.

According to the relevant treaty clauses, a State can show it consent to be bound(Bianchi, 2016) in different ways. The most familiar ways include accession, approval, acceptance, ratification and definitive signature.The most common step in the process of joining the treaty party is the final signature (Bianchi, 2016). Name establishes an obligation in the time between ratification and signature, approval or acceptanceto desist from acts that would otherwise defeat the treaty’s purpose and object (Sack, 2015). In international law, Approval, acceptance, and ratification mean a state wants to become a member of the treaty.

Jurisdiction is defined as a state's sovereignty aspect to be permitted to enforce and prescribe laws as primary constituents of statehood. Regional Organizations like European Union exercises authority Sack, 2015. These jurisdictions mostly focus on how to reach the state's law and which link is needed for rules to be applied by the state to persons and cases.

There are no intimidating penal system or compulsory court system handles provisions' breaches established in treaties to handle disputes. However, it does not mean there is no international law tribunal. The United Nation formation created the International Court of Justice (Deeks, 2016), which settles its member disputes peacefully.

According to highest officials or state, basic international law principal obeys another state's jurisdiction. It's part of the customary international law. The principal has joined UN convention in the state's jurisdictional immunities and property since 2004 which is retrieved from an article of international law (Deeks, 2016). The states immunity is only given according to sovereign power by the UN convention. Due to acts of official capacity, the state’s head enjoys immunity in both national and international law. However, current developments show the rule does not apply in a situation where there is a severe violation of human rights. Therefore, international law cannot constrain the actions of the state.

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Conclusion

The current world situation is categorized by enormous dynamism increase. The formerly established boundaries between peoples, nations, systems and all other traditional notions or patterns of distinction disappear unknowingly. The role of international law is to offer guidelines to coordinate mutual behavior among different members. In the current world with the reducing significance of boundaries through a person's mobility, capital, goods, thoughts, and type of information is still a challenge emerging in the international community. The various categories of international law are responsible for eliminating disputes among people and nations. Thus, international law plays a crucial role in maintaining peace globally. International law regulates global activities, such as world trade, global communication, outer space, international waters, sustainable development, and the environment. However, despite international law’s power to regulate the massive activities globally, it cannot constrain the actions of the state.

References

  • Vij A (2016). The State of the City and the Future of Human Rights: A Review of Global Urban Justice. Colum. Hum. Rts. L. Rev., 48, 75.
  • Damrosch, L. F. (Ed.). (2015). International law: Cases and materials. West Academic Publishing.
  • Sack, A. N. (2015). ABC-Atomic, biological, chemical warfare in international law. Law. Guild Rev., 10, 161.
  • Bianchi, A. (2016). International law theories: an inquiry into different ways of thinking. Oxford University Press.
  • Deeks, A. S. (2016). Confronting and Adapting: Intelligence Agencies and International Law. Va. L. Rev., 1
  • Dinstein, Y. (2016). The conduct of hostilities under the law of international armed conflict. Cambridge University Press.
  • Kreps, S. E., & Wallace, G. P. (2016). International law, military effectiveness, and public support for drone strikes. Journal of Peace Research, 53(6), 830-844.
  • Lookofsky, J. (2016). The 1980 United Nations Convention on Contracts for the International sale of Goods. In International Encyclopaedia of Laws (pp. 1-250). Kluwer Law International.
  • Rothwell, D. R., & Stephens, T. (2016). The international law of the sea. Bloomsbury Publishing.
  • Svantesson, D. J. B. (2016). Private international law and the internet. Wolters Kluwer Law & Business.
  • Teson, F. (2018). A philosophy of international law. Routledge.

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