Nobody downloaded yet

Public International Law - Essay Example

Comments (1) Cite this document
Summary
The findings of this research demonstrates that to this day there are controversies as to intervention with some scholars classifying humanitarian interests as window-dressing. Humanitarian intervention always occurs within an intricate structure of conflicting norms and values that determine whether and how it happens…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.3% of users find it useful
Public International Law
Read TextPreview

Extract of sample "Public International Law"

Download file to see previous pages Yet the concept of intervention doesn’t take place in abstraction. It is interconnected with the ideals of national sovereignty, international relations and foreign policy, politics and the growth of the international community. These linkages are what inform philosophical thought and public opinion on the subject today2. Those arguing against intervention for human rights say they compromise basic features of state sovereignty since human rights are claims that states cannot do anything they want to however even among legal scholars, notions of sovereignty are coming under pressure to include understandings that would allow or even require intervention by outsiders in cases of humanitarian crisis and gross human rights abuse. Historical, Political and Philosophical Background The state is the fundamental ingredient for political self-determination, thus according to Michael Walzer intervention should be staged only when the basic purposes for which the state was formed have not been achieved. The legitimacy of states is limited to waging internal wars that go on without the acts shocking the conscience of mankind3. Of course there are scholars who think that Walzer’s ideas are far too liberal. The fact is that states monopolize defense and security matters within their territory4. The Soviet Republic murdered over 50 million of its citizens in cold blood, in Yugoslavia the numbers were over a million, in Darfur it was in the hundreds of thousands. This sobering statistics justify the assertion that it is the most dangerous threat to civilian existence today. Since the 2001 enactment of the Responsibility to Protect (R2P) international law...
The paper tells that the state is the fundamental ingredient for political self-determination, thus according to Michael Walzer intervention should be staged only when the basic purposes for which the state was formed have not been achieved. The legitimacy of states is limited to waging internal wars that go on without the acts shocking the conscience of mankind. Of course there are scholars who think that Walzer’s ideas are far too liberal. The fact is that states monopolize defense and security matters within their territory. The Soviet Republic murdered over 50 million of its citizens in cold blood, in Yugoslavia the numbers were over a million, in Darfur it was in the hundreds of thousands. This sobering statistics justify the assertion that it is the most dangerous threat to civilian existence today. Since the 2001 enactment of the Responsibility to Protect (R2P) international law policy makers have been trying to develop doctrines of limited sovereignty that aims at giving the international community or specific international organizations leeway or duty to undertake intervention in cases of genocide, war crimes, crimes against humanity and ethnic cleansing. The framework of humanitarian intervention isn’t clearly defined. This is amplified by the fact of intervention being not just a moral, but a legal issue as well. The mechanics of humanitarian intervention requires a political body to decide upon and authorize military action and the military force itself that carries out such action. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Public International Law Essay Example | Topics and Well Written Essays - 2750 words”, n.d.)
Retrieved de https://studentshare.org/law/1392629-public-international-law
(Public International Law Essay Example | Topics and Well Written Essays - 2750 Words)
https://studentshare.org/law/1392629-public-international-law.
“Public International Law Essay Example | Topics and Well Written Essays - 2750 Words”, n.d. https://studentshare.org/law/1392629-public-international-law.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
zb
zbotsford added comment 11 months ago
Student rated this paper as
This paper saved me today. I liked the structure. It was very useful for my law course.

CHECK THESE SAMPLES OF Public International Law

Public international law

...?Public international law Critically assess whether Kosovo satisfies the criteria for hood under international law. Your analysis should be based on general international practice, including the outcomes of statehood claims similar to that of Kosovo. Based on international laws, particularly the Montevideo Convention, the elements of a state are: population, territory, government, and the capacity to enter into relations with other states1. This is the current standard which is being recognized by international laws on the recognition of statehood. In establishing whether a political entity can be considered a state, these elements have to be primarily considered. Applying these elements to the assessment of Kosovo, however... of territory...
15 Pages(3750 words)Essay

Public International Law

...?International Law Introduction International laws are the laws which govern the relations of s and the global community in general. Fiore discusses that the goal of international law is to evaluate and establish international rights and duties which must be fulfilled by all members of the international community1. Its goal is also to establish the legal rules which are applicable to these rights and duties and the legal remedies available to ensure compliance. For this reason, it is therefore important to establish first which the subjects and persons who are to enjoy and lay claim to these rights and duties2. This paper shall discuss the different subjects of international law who are considered to be legal personalities under... ...
7 Pages(1750 words)Coursework

Public international law

...civil disobedience and United States v. Schoon,’ (California: University of California Press, 1987). P. Christie, ‘The Defense of Necessity Considered from the Legal and Moral Points of View,’ (1999) 48 Duke Law Journal, 975 J. Crawford, ‘The International Law Commission’s Articles on State Responsibility – Introduction, Text and Commentaries,’ (Cambridge: Cambridge University Press, 2002), 178 J. Crawford & S. Olleson, ‘The Nature and Forms of International Responsibility’, in M. D. Evans, International Law (London: Oxford University Press, 2003), 446-70. Continental Casualty Company v Argentine Republic, ICSID Case No. ARB/03/9 I....
8 Pages(2000 words)Essay

Public International Law

...? Public International Law No: Answer National Laws of UK UK nationality law is the law which deals with the issue of citizenship and other categories associates with it. The law is complex and cumbersome in view of its historical status as an imperial power of the world. The Nationality Act 1948 determines the status of UK people and the citizenship of subjugated colonies. However, until the early 1960s the citizens of the British had the right to enter and live in the United Kingdom at any time1. However, during the years 1962 and 1971, the immigration from commonwealth countries was immense specifically from Asia and Africa. To stop the influx of the people from the mentioned countries, the Immigration Act 1971 came into being... ....
12 Pages(3000 words)Essay

Public international law

...in a such as to reconcile those laws with the rights provided for under the Convention.26 As demonstrated by the House of Lords decision in R v Secretary of State for the Home Department ex parte Brind, in the absence of a legislative provision, or more especially, an Act of Parliament, the European Convention on Human Rights could not be relied on as a part of the UK’s law. No doubt, has this case been heard following the implementation of the Human Rights Act 1998, the House of Lords would have applied Article 10 to the Home Secretary’s obligations. Section 6 of the Human Rights Act 1998 specifically provides that a public officer may not conduct his duties in a manner inconsistent...
8 Pages(2000 words)Essay

Public International law

...of correction and force. It must be tampered with caution so that fresh tensions are not ignited from within the affected system. References Brownlie, I. (1990). Principles of Public International Law. New York: Clarendon Press. Englehart, N. A. (2009). State Capacity, State Failure and Human Rights. Journal of Peace Research. Vol 46 (2). Enabulele, O. A. (2010). Humanitarian Intervention and Territorial Sovereignty: the dilemma of two strange bedfellows. International Journal of Human Rights. Vol 14 (3). Rosa, C. O. (2001). Unity and pluralism in public international law. The Hague: Martinus Nijhoff Publishers...
7 Pages(1750 words)Essay

Public international law

...? Public international law LLB 2 YEAR Portfolio Assessment Question The Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) concerns the rights of Nicaragua and Costa Rica over part of the San Juan River, located in the territory of the former, but whose right bank and certain navigational rights belong to the latter. In its July 13, 2009 Judgment, the International Court of Justice ("ICJ") made a number of specific rulings regarding the scope of Costa Rica's right to free navigation, Nicaragua's power to regulate that right, and Costa Rican riparians' subsistence fishing rights.'1 Aside from its immediate significance for the litigating parties,...
6 Pages(1500 words)Essay

Public international law

...in such meetings (Peace and Security Council (PCS), 2013). Discords between the UNSC and the AUPSC Against the backdrop of increased pace of regionalisation in Africa and beyond, the validity and authority of the United Nations Security Council has turned into a controversial zone within the domain of public international law. Argumentative issues,concerninga few legal frameworks of regional associations and their latent effectiveness and efficiency, have become a hot topic of debate across the various divisions of the African Union and the United Nations. Ever since the dawn of the UN, the role and power of the AU has been subject to the legal and operational restraints imposed upon it...
16 Pages(4000 words)Essay

Public International Law

...Public International Law 2006 Outline Introduction A. Antiterrorism Law: Policies and Practices Problems of Defining Terrorism 2. Misinterpretation of Antiterrorism Law 3. Examples of Terror Under the Cover of Struggle with Terrorism B. Recognition of New States and Governments 1. Definition and Types 2. Why is it Important? 3. Dollar Diplomacy 4. Double Standards in case of Prednistrovie Conclusions Description. In this paper we will try to determine whether international law fulfils its function of protection of all people. We will prove that, unfortunately, in contemporary world it’s impossible to promote justice to...
8 Pages(2000 words)Essay

Public International Law

...INTERNATIONAL LAW The basic premise that underlies human rights law is the fact that they are universally applicable1, and therefore transcend social, cultural and political barriers and differences.2 Basic human rights would require that all individuals, no matter how heinous their crimes are provided a fair trial and the opportunity to prove their innocence, with punishment being meted out by an impartial tribunal in accordance with the magnitude of the crime. An international crime transcends local jurisdictions and cannot be left within the exclusive jurisdiction of the national authority that would normally adjudicate such trials.3 International crimes are war crimes, including genocide, crimes against humanity, torture... and...
12 Pages(3000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Public International Law for FREE!

Contact Us