United Nations Failure as International Law Body
International Law Assignments
FHUI KKI 2011
Over the last 60 years, the UN has changed and developed, along the way it has permanently changed the environment of the international community, through its work in peacekeeping, creating and developing international law, the establishment of human rights, and many list goes on. Much of the political process of the UN is devoted to establishing or extending international laws, rules and standard covering the full range of human activities. These include norms governing human rights, refugees and stateless persons, traffic in persons, narcotic drugs, international trade and development, transportation and communications, the status of woman, the freedom of information, the law of the sea, use of outer space, telecommunications, disarmament, international terrorism and the protection of the environment. On whether or not the United Nations succeeded its principles, this is a matter of scholastic debate. In his Europe Since Napoleon, David Thompson sees the body as an effort that had changed the wartime alliance to an era of peace through which international cooperation is generally achieved. But what we could find today, many legal scholars or journalist found problems in UN structure to apply their basic principle. UN participation in settling international dispute considered weak and failed. Because there are some intervention of Veto Power Countries in Security Council Members in United Nations in settling international issues between states. There are also some broken structures regarding basic principles or charter that they have made. Nonetheless, this paper will focus on the failures of the United Nations.
A. Sovereignty and Independence of States
At the present time there is hardly a state which in the interest of the international community, has not accepted restrictions on its liberty of action, thus most states are members of the United Nations and The ILO, in relation to which they have undertaken obligation limiting their unfettered discretion in matters of international policy. Therefore, it is probably more accurate today to say that sovereignty of a state means the residuum of power, which it possesses within the confines, laid down by international law. It has to be noted the doctrine who treated the state as subordinate to the law of nations, then identified as part of the wider “law of nature”. Some states enjoy more power and independence than other states. This leads to the familiar distinction between independent or sovereign state, and non-independent state or non-sovereign states or entities. It is difficult to draw the line for although a state may have accepted important restriction on its liberty of action, in other respects it may enjoy the widest possible freedom. Sovereignty is therefore a term of art rather than a legal expression capable of precise definition. The principle of respect for a state’s territorial sovereignty is illustrated by the decision of the ICJ in the Corfu Channel Case (Merits) 1949. Examples of the correlative duties or obligations binding state are: i. the duty not to perform acts of sovereignty on the territory of another state ii. the duty to abstain and prevent agents and subjects from committing acts constituting a violation of another state’s independence or territorial supremacy iii. the duty not to intervene in the affairs of another state The duty not to intervene in the affairs of another state (iii) requires some comment. International law generally forbids such intervention, which in this particular connection means something less than aggression, but more than mere interference and much stronger than mediation or diplomatic suggestion. According to the international court of justice, an intervention is prohibited by international law if a) it impinges on matters as to which each state is...
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