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Public lnternational Law - Essay Example

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The International law The article presents an account of a very influential judicial philosophy regarding international law. The book, Black stones public international law, established a new international statist paradigm that broke the classical partition of the law into three realities namely, people, things, and actions (Martin, 2007:60-62)…
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Download file to see previous pages This paper will revolve around the international law. As defined in the article, international law refers to a body of legal rules, regulations, and acceptable practices by countries, international organizations, and people worldwide. It involves norms by which people interact with one another and with other citizens of different countries. Traditionally, the international law dealt with the conduct of states and international organizations (Kelsen, 2003:122). However, in the recent decades, individuals, transnational corporations, and non-governmental organizations are becoming increasingly active in global affairs, and their operations are too relevant to international law. The international law has two basic types, public and private international laws. As stated, public international law deals with relationships among nations or between a nation and an organization or people from different nations. One the other end, the private international law deals with disputes and conflicts between citizens from diverse countries or businesses form different nations (Aust, 2010:1-4). Presence of certain courts and bodies such as the United Nations Security Council facilitate the implementation of the activities of international law since they have the power to decide cases concerning the international law. Is international law good or bad? According to Slomanson, international law is good and essential to nations and individuals. This is because; international law provides bases of peace, harmony, and corporation. Therefore, individuals and nations are able to maintain relations in both local and international levels. The same way men and women could not co-exist peacefully in a society without laws to regulate their conduct the same way nations could not. In addition, international law is necessary since avails conventions used for regulating state conduct. It also impinges on state sovereignty by creating new structures vital for regulating cross border relations. International law forms limitations regarding the sovereignty of member states by establishing principles that control the global relations, which compete with the core realistic principles of sovereignty and anarchy (Slomanson, 2010:195). Since it is an agreement and tradition signed by the subscribed member states, its authority and control are strong. Relationship between international law and municipal law Municipal law and international law co-relate in the manner that, each has mandate over a particular area of jurisdiction. The national law regulates behaviors of individuals in a state while international law deals with behaviors of states and the external relations of the states’ foreign affairs. According to Black public international law, there is a divergence of opinion on the question as to whether international law and municipal law on the various national laws can be said to form a unity being a manifestation of a single conception of law or whether the IL constitutes an independent system of law essentially different from the municipal law. However, there is a difference with regard to the substance of the law between sovereign states in as much as municipal law governs individuals while international law controls the relationship among states whereby states arrive at it through signed agreement between them. Therefore, as regards competence, ...Download file to see next pagesRead More
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