International law

Topics: Law, United Nations, Common law Pages: 5 (1290 words) Published: December 6, 2013
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Outline
The following essay is divided into the following sections:
• Introduction
• Definitions
• Positivism
• Realism
• International law
• Conclusion
• List of works cited



Introduction
​Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population.​ Definitions

​The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for compensation in the case of loss of or damage of personal property (Byers 22). Criminal law establishes the way and reasons for perpetrator prosecution. Constitutional law protects the human rights as well as providing the legal framework for the governance of a state, and its laws. Administrative law presents governmental policies after they have been reviewed by governmental agencies, while international law controls and manages interstates sovereign decisions in trade and military action regulations (Wallace 198). The law forms a ground on which all mankind is considered equal, and offers justice systems in equal proportions to every citizen. The three main arms of government are responsible for creating and enforcing legal systems of a state. These three are the executive, the judiciary, and the legislature Positivism

This legal term, if applied in the context of international relation, asserts that each nation remains bound by the specific international laws it deems fit to undertake as part of its governing criteria, but otherwise, it would be free to act accordingly as it wishes were it not for those laws. It continues to clash in idealism with the assertions of realism and natural law till today (Kelsen 310). Its sociological rationale is that, sensible knowledge is derived from authentic sources like facts, experience, and positive verification. It suggests that law is based primarily on the command of the ruler. Émile Durkheim redefined Sociological positivism. Later sociologists found it conflicting with their beliefs and came up with the Anti-positivism concept. Karl Popper and Thomas Kuhn led to the development of post-positivism. The stipulation of positivism developed as conflict continued to abound the topic questioning the existence of higher norms of international relations that constrict the freedom of sovereign states (Dixon 341). In the study of legal systems, positivism can be taken to stand for a stance that rejects the rules of natural law. While we know that the establishment of international law is entirely dependent on natural law, it becomes apparent that positivism and international law come to a conflict on some level (Armstrong 71). Realism

This theory is based on the argument that, since all laws are made by human beings, for human beings, then it is subject to human error. On the context of international relations, we can interpret this to imply that in order for a realist to conquer, he must put aside all feelings of...
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