The Law of Nations: An Introduction to the International Law of Peace - Report Example

Robert Kirkpatrick PSC 3315-02 Sims Introduction International law has been in existence for a number of years but what accelerated and fueled it to its current standard today is both the First and Second World War. The onset of creation of international organizations resulted in the increased need for a more universal regulation and legislation. The concept of international law actually became more common, and was referred to more often after the two world wars and the formation of the League of Nations. The League of Nations was later replaced by the United Nations; the U.N has seen the development and growth of international norms and laws. The United Nations can be credited with the effort of ensuring the international community coexists effectively and peacefully, and this it has done through the formulation and implementation of not only polices but also rules, laws and regulation to aid in governing the international community. A number of events after the world wars have also necessitated the need for an international oversight group that would check the nations and states1. Increase in civil wars, terrorism and territorial wars between states are some of the examples of these events. However an oversight group, checking all its member states, for example the United Nations, would have had a lot of resistance and struggles if it was to deal with individual laws and regulations of each and every country. Therefore it is for this reason that the demand for a more universal justice arose. These laws apply to many countries around the world and countries developing and coming up with constitutions have to ensure they are in line with these international laws.Basically international law can be defined as a treaty that is made between sovereign states. Simply put when two or more countries agree and formulate a legally binding law then it can be considered as an international law2. Formation of regional trading blocs and even political allies require that the interested parties formulate a guiding law that should be adhered to so as to ensure proper running of activities3. Thesis statement: An analogy is often drawn between the societies of men versus society of states. Citing this, a complete different discipline of law has been in place for the purpose of official engagement and activities undertaking between the societies of states. This law is termed as the international law. It is the largest legal entity that enables formal interactions in over international borders. There has been debate about the overall nature of the international law, in some cases it has been termed as a mere positive law, in others it is termed as a legally binding and legally enacting concept. This paper analyzes international law from the perspective of it having a conservative or progressive aspect. This essay will also look at the justification of international law and whether it is just or not. The basis, foundation and source of information will basically be from Bull, Wight, Brierly and Claude. All of them are notable writers and researchers in the field of law and more so international law. International law After the League of Nations, the United States as the superior power and with a big brother aura, took over the role of international overseeing. It also took over the role of coming up with a clear and precise international law. It defined what international law really was and went and ahead to expand and codify its realm. A commission within the United Nations referred to as the International Law Commission was mandated with coming with this duty. Aspects of laws of war, human rights, international terrorism and the law of the sea are some of the areas that the commission in the United Nations has played a significant role in developing. The United Nations has clear direct and specific role in the whole international law use and promotion. The united nation in itself was created within the parameters of the international law conceptual framework4. An international system is usually assumed to be formed when two or more sovereign states have a considerable or sufficient level of interaction. Hedley bull has a contrasting opinion that seems to assert that when states share a particular common interest; an international system in most cases is born5. He therefore looks at the international society as a group of states that is established and held together through dialogue and a set of rules governing their interactions and co-relation.A society has to have rules that check the use of force and the validity of arguments within that particular society. Property rights have to be considered in totality too and when all these three elements are observed and met, then a society can therefore be formed. The three elements ensure and govern the basic interactions in a group or society, lack of or improper running of even one element results in strife and conflict in any given society6. It was for this reason that the international laws were formulated. They help in the stability and creation of balance of society by ensuring that the three elements in society are equally balanced.  Is international law a conservative or a progressive phenomenon? The law is a significant and important part used in creating stability in the society. The law can therefore be seen as a relatively conservative phenomenon. Comparing the changes in “real” life to the changes in the world of laws, the changes in law tend and appear to lag behind. The phenomenon reflects both the positive and negative sides of conservatism. The law cannot react and change with every reaction in society. Changes are ever present, some good some bad, but they are always happening. If the law is to react and assume a dynamic nature of conforming to every change in society, then it would lose the role it has of creating stability in the society. International Law has had to undergo a number of rapid changes so as to be able to keep up with the dynamic world, but this has only been in specific important areas like the in the field of space exploration and the sea. Objectively the international law has been developed and advocated for by the United Nations. The international laws provide guidelines for global guidance which continues to grow in relevance and importance with time. Global governance exists today because of the increasing interdependence in the world today. Economic and political blocs and allies continue to be formed every other day, this greatly increases global governance. The united nation was established a platform for monitoring equitable growth, peace, security and environment sustainability7. Is it just? The justification or degree of the international law being just has been questioned a number of times. Elements within the international law do not have precise and clear procedures for making and unmaking of laws by institutions that are subject to majority control. The international criminal law for example has always been seen as deterrence against war crimes and crimes against humanity. Often there are conflicting ideas and arguments regarding the fairness of the international laws. Some people consider it to be unfair while some consider it to be just and this entirely depends on the standpoint aparty has in a given conflict. However the perspective that is taken by the criminal justice system in the light of international law has a totally different approach that has been termed unfair. A typical example is the strategy that the U.N used in tackling the political terror attacks that rocked Libya a few years back. The perpetrators and foot soldiers are caught and prosecuted, and this is because all the evidence points at them. This scenario is a typical example that the international criminal law overlooks. Thesmallest elements in the crime chain are caught and apprehended; they are prosecuted and even sent to jail. This however does not end the real issue since the real perpetrators are political leaders who aided in the funding, organizing and planning the murders. The interesting part is that they continue to be represented in the United Nations. In this case the international laws can be accurately termed as unjust8. Conclusion/Summary International law can be defined in simple terms as a medium of ensuring smooth and effective governing and regulation of international treaties, or so it is after a careful analysis of the available information. The changes that have occurred in regard to the international law have been systematic and gradual but they have seen the transformation of what we today refer to as international law. The question of whether the international law is just or not lies squarely on the participating parties. The justness or fairness cannot be tied on how it is applied but rather, the intended aim or resulted. Everything is done for the greater good in the end and if the law is used to create a balance of sort and bring peace in a place of conflict then it is just. International law consists of rules and principles that govern the relations and dealings of nations with one another, however recently, the scope of international law has been reengineered andtoday’s international law has been made to include relations between states and individuals, and relations between international organizations. The question of the justness of international law therefore has a number of ele Work cited Brierly, J L. The Law of Nations: An Introduction to the International Law of Peace. Oxford: Clarendon Press, 1981. Brierly, James Leslie, and Humphrey Waldock. The law of nations. Oxford: Clarendon Press, 1949. Bull, Hedley. The Anarchical Society: A Study of Order in World Politics. New York: Columbia Univ. Press, 2002. Caplan, Richard. International governance of war-torn territories: rule and reconstruction. Oxford University Press, 2005. Claude, Inis L. The Changing United Nations. New York: Random House, 1967. Conforti, Benedetto. The Law and Practice of the United Nations. Leiden: Martinus Nijhoff Publishers, 2005. Rajagopal, Balakrishnan. International law from below: Development, social movements and third world resistance. Cambridge University Press, 2011. Shaw, Malcolm N. International Law. Cambridge, U.K: Cambridge University Press, 2003. Starke, Joseph Gabriel. An introduction to international law. London: Butterworths, 1989. Read More