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International Law , A treaty is basically an agreement between parties on the international scene. Although treaties may be co - Assignment Example

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International Law: “A Treaty Is Basically An Agreement Between Parties On The International Scene. Although Treaties May Be Concluded, Or Made, Between States and International Organisation, They Are Primarily Concerned With Relations between States” Table of Contents Literature Review 4 Discussion 7 Conclusion 12 References 13 Introduction A treaty if often referred as an agreement under the obligatory of an international law between two or more states sharing similar interests but possessing unique characteristics…
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International Law , A treaty is basically an agreement between parties on the international scene. Although treaties may be co

Download file to see previous pages... Sources of international law are referred as materials as well as procedures by which a state tends to impose certain guidelines and rules in order to regulate the international trade community. Moreover, international law is also characterised as a kind of obligation which exists between two or more states. It comprises international institutions which play major roles administrating the issues regarding legal matters in terms of global telecommunication, human rights and ‘the law of the sea’. It is a decentralized form of law which is developed by the states generally in the form of global conferences, treaties and usual international law enactments1. Based on this context, the study concentrates on the nature and operation of the treaties as a valid source of international law. Literature Review It is in this context that various studies have been conducted with the sole intention to understand the implications of international law in relation to the treaties signed by two or more states. ...
trines regarding the sources of international law studied by various scholarly writers concentrating on the conditions under which treaties and basic guidelines of the law acted as a hierarchy. As stated by Kennedy (1987), the ‘International Court of Justice (ICJ)’ whose operation is determined according to the international law, court is bound to be applied under the four sources i.e., ‘global conference’, ‘international custom’, ‘general guidelines of the law’ and ‘judicial decisions’. Notably, all these four sources have been mentioned in Article 38(1) of the Statue of the ICJ. Moreover this article also states that as per the enumeration of these sources, ICJ should be scrutinized in order to find the necessary legal concerns to resolve the cases of the states involved through treaties2. According to D’Amato (1962), treaties are often enacted as a source of ‘General Rules of the International Law’. It is in this context that the example of the ‘Nottebohm Case’ which took place in the year 1955 is regarded as a significant illustration of ICJ’s judgements regarding treaties. Undoubtedly, this case has been considered as an isolated instance regarding the utilization of the treaties. It was fundamentally owing to the reason that this case was related with the report regarding the international tribunals where one party(s) supports the argument of the treaty while the other party(s) perceives a contradictory view concerning similar aspects. In addition, D’Amato (1962) affirms that customary international laws only recover the small section of the global functioning norms and frequently concentrate upon the interference of rules and regulations of the treaty within the field of customary practices. In modern times certain areas of ...Download file to see next pagesRead More
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