TRUE SENSE OF INTERNATIONAL LAW:
The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt.
International law is not law in the true sense of the term- Hobbes and Austin
…show more content…
The weakness of international law becomes evident when we compare it with municipal law. The greatest shortcoming of international law is that it is not enforceable and it lacks effective legislative machinery. International court of justice lacks compulsory jurisdiction. The sanctions and the enforcement machinery of the international law are so weak. International law cannot be invoked to settle a dispute which is essentially a domestic matter of that state. The question is whether a matter is essentially within the domestic jurisdiction of a state or not has to be decided by the Security Council which is controlled by the five permanent members of the United Nations. The availability of the veto power in the hands of the permanent members of the Security Council is a major obstacle in solving international problems. There is no certainty for international law. The international law has failed to maintain order and peace in the world for many …show more content…
This view is far from truth in view of the developed and changed character of international law today. It is incorrect to say that international legal system is without a court to decide international disputes. The establishment of the permanent court of international justice has rightly been reckoned as a landmark for the development of international law because though in international legal system was provided with judicial organ to resolve international disputes on the basis of judicial decisions. The greatest proof of its utility and importance is the fact that its successor, the international court of justice is based on the statute of the permanent court of international justice. It is true that the decision of international court of justice is not equivalent to that the municipal courts. Nevertheless the decisions of the court posses binding force and can be enforced under certain circumstances. They are binding upon the parties to the dispute and only in respect of that dispute. The provision to this effect is contained in article 59 of the statue of the international court of justice. Besides this article 94 of the U.N charter provides that each member of the U.N undertakes to comply with the decision of the
Legal history A system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties, this is the definition of law. Although the definition of law is evident and perceptible,the portrayal and act of law varies. Throughout the justice system there are many inconsistencies such as the type of law, there is common,criminal,civil, and administrative. Throughout these systems of law there are also criminal proceedings. In these criminal proceedings, some will find that the verdict is just.
Thomas Hobbes in his Leviathan and Jean-Jacques Rousseau in his Discourse on Inequality and Social Contract each attempt to explain the rise of and prescribe the proper management of human society. At the foundation of both philosophies is the principle that humans are asocial by nature, a precept each philosopher interprets and approaches in a different way. Hobbes states that nature made humans relatively “equal,” and that “every man is enemy to every man.” Life is “solitary, poor, nasty, brutish, and short,” he says, and “every man has right to everything.” Rousseau outlines primitive asocial man having “everything necessary for him to live in the state of nature” from “instinct alone,” and being “neither good nor evil.”
International laws govern how countries and states should interact with each other international law has an impact on domestic laws through human rights treaties, importing and exporting of goods and global communications and connections. The Mabo case reflects this because the domestic law at the time didn’t match the international
Page 2 of 2 Graded AssignmentResearch Paper Final Draft(200 points)Type your draft here. Elora CopleyMs. FrischEnglish 113/10/18Foreign influence on The Declaration of IndependenceThe ideas surrounding government in our Declaration of Independence had multiple outside influences stretching from english and french philosophers to historical documents. English philosopher Thomas Hobbes’s ideas, laid out the basis as to why we need a declaration of independence, and why we need to have a government set in place. Hobbes said in his book LETHIAN, that people were incapable of ruling themselves primarily because, “humans are naturally self-centered and quarrelsome and need the iron fist of a strong leader.”
There were many philosophers in the 17th and 18th century that influenced and inspired the founders of our country. For instance, John Locke believed that life, liberty, and property should be our natural rights as humans and if the government could not secure these rights then the people could get rid of them. That idea impacted Thomas Jefferson when he wrote the Declaration of Independence. This was the perfect time to develop different theories and contradictions because this was right around the time of the printing press and protestant reformation where people started to question the catholic church. Other philosophers like Thomas Hobbes, Voltaire, Montesquieu, and Rousseau impacted founders like George Washington and James Madison who have positively affected this country in many different ways.
The Declaration of Independence and the colonists were influenced by many philosophers in multiple ways. The king also influenced the colonists yet he didn’t have any speech close to speak the mind of the colonists such as the philosophers did. The words that were presented on paper from just a person’s thoughts sent a lot of messages in the 1700’s. Multiple of these thoughts on paper mostly had an effect on opinions. Thomas Hobbes, a philosopher known for his original perspective on the world, was one of the few who impacted the colonists.
Summary Thomas Hobbes (1588-1679) theory of social contract, which states that we need moral, legal rules because we want to escape the state of nature which is solitary, poor, brutal, nasty, and short. In this state, a man can kill others, and there are limited resources. This can soon lead to a state of war in which we are constantly disposed to harm others to achieve our goals. So, in this state of war if a person was to possess a beautiful house or property, and had all the comforts, luxuries, and amenities to lead a wonderful life; others could come and harm him and deprive him of his fruit of labor, life, and liberty. Therefore, the state of nature is that of fear, violence, and distrust.
After all, the law which is inseparable from the justice is understandable as civilized communication and background for nonviolent conflict solving process. On the other hand, the war is also the way to solve conflicts, but in a different way, using the suffering and the price of life. Apparently, because everyone understands that war is extreme and unacceptable social situation, States and international society are trying to find its reasoning or justification. “The just war tradition, and the international law which follows it, is thus a middle-ground moral tradition trying to regulate armed force in a way which is fair, reasonable, and mindful of consequences.”
To govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign
Therefore, this paper is designed to illustrate reasons why the UNSC should be reformed. The first and foremost factor to why the UNSC should be reformed is because the veto power used within the council only revolves around the permanent members’ interests. By 1990s, one
The validity of the non-intervention rule and defends intervention on humanitarian grounds, more universalist conception of human rights in which sovereignty is a subsidiary and a conditional
There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual. " [1] The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.