Preview

International Law- Morality and More

Powerful Essays
Open Document
Open Document
3356 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
International Law- Morality and More
International Law- Morality and More…
Kamakshi Jasra, Legal Student. Baroda School of Legal Studies, M.S.University.
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 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. It is essential that such norms or principles be applied consistently in order to promote the objectivity and uniformity associated with “law” as opposed to ad hoc or unprincipled decision-making in which a different rule is developed for each problem. 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

You May Also Find These Documents Helpful

  • Powerful Essays

    Bus 378 Week 3

    • 3675 Words
    • 10 Pages

    International law is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other as well as with their own citizens and citizens of other countries. There are two basic categories of International Law, public International Law and private International Law, although the two tend to overlap frequently. Public International Law deals with relationships between different nations or between a nation and persons from another country. Private International Law generally deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in how its citizens are treated by other nations.…

    • 3675 Words
    • 10 Pages
    Powerful Essays
  • Satisfactory Essays

    The international principle of law that holds that governments have the right to rule themselves as they see fit is known as____…

    • 320 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Alien Tort Statute (ATS)

    • 1216 Words
    • 5 Pages

    The Court has since stated that the ATS provides “a cause of action for [a] modest number of international law violations.” To discern if a modern offense also violates the law of nations, which is also known as customary international law, courts will examine whether the offense “rest[s] on a norm of international character accepted by the civilized world and defined with specificity comparable to the features of the 18th century paradigms.” Further, a customary norm should be “specific, universal, and…

    • 1216 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    Chapter 3 Review

    • 1240 Words
    • 4 Pages

    A wide variety of laws that govern a nation or state and deal with the relationships and conflicts between organisational and entities and people.…

    • 1240 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Laws are a set of rules that can be enforced and is officially recognised by the courts.…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    International law includes legal relations between governments, including laws concerning diplomatic relations between nationals and all matters involving the rights and obligations of sovereign nations. Private international law would cover matters involved in a contract between businesses in two different countries. National law is made of three major legal systems of the world today. They consist of civil law, common law and religious law.…

    • 733 Words
    • 3 Pages
    Good Essays
  • Better Essays

    France and Disarmament

    • 1101 Words
    • 5 Pages

    ‣ The accession to and implementation of The Hague Code of Conduct by all States.…

    • 1101 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Undoubtedly, major development in international law has occurred in recent years through the establishment of several tribunals and their statutes. There have been several criticisms concerning the decisions delivered by those tribunals mainly arguing that they were biased and illegitimate for numerous reasons. They were accused of being unfair and merely institutions for “victor’s justice”. Also they criticized the fact that Germany did not form part of the IMT Charter. Although it was not perfect justice, those tribunals acted like international platform where accused persons were held responsible of their acts under international law for the crimes they committed.…

    • 593 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Ratification of international law is before a country is bound by an international law, it must ratify the law. This means passing a domestic law and accepting the terms and conditions of the international law.…

    • 767 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    University of Phoenix. (2004). Addressing International Legal and Ethical Issues [Multimedia]. Retrieved from University of Phoenix, LAW421 website.…

    • 411 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    According to Mendell (2013), "It is the responsibility of lead counsel in an international transaction to determine the most tax-efficient way to have the money flowing both into a jurisdiction and flowing back out." Taxes, competition, and purchase price issues are the main problems disputes deal with regularly. Of course, everyone should remember that environmental, ethical, and political issues will override any compensation of money a company may receive from a transaction. Sometimes the local customs and laws will clash with the organization operating abroad. When this happens the Adversary system should be used because it will allow the individuals who live in that country a chance to be heard. These individual 's livelihood is at stake. They live in that…

    • 482 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The incorporation of international law is the process by international agreements become part of the municipal law of a sovereign state. A country incorporates a treaty by passing domestic legislation that gives effect to the treaty in the national legal system.…

    • 1758 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    The Criminal Justice System

    • 4828 Words
    • 20 Pages

    Law is a set of rules to govern the conduct of people in a civilized society. Everyone must abide the same rules. Today we live in a complex society and laws are more complex and sophisticated.…

    • 4828 Words
    • 20 Pages
    Powerful Essays
  • Good Essays

    Jus Cogens

    • 2050 Words
    • 9 Pages

    Alexander Orakhelashvili has written a masterful and thoroughly rich study of peremptory norms (jus cogens) in international law,…

    • 2050 Words
    • 9 Pages
    Good Essays
  • Satisfactory Essays

    To know the relationship between International law and Municipal law, it is important to know what these to laws are. International law is the rules and conducts which deals with the conduct of states. To put into simpler terms, the international law is a set of rules in which the countries use in dealing with each other. The Municipal law is the internal law of the land.…

    • 383 Words
    • 2 Pages
    Satisfactory Essays