Development of the International Law - Article Example

International Law International Law International law is a set of rules among s that are established by a treaty or custom and nations recognize them as binding. It is the section of law that controls legal relations among or between countries. The law only works between states or nations and therefore the parties must qualify as nations. A nation is defined by four characteristics: it must have a territory, a government, distinguished population and able to relate with other nations. The stated within U.S.A are not considered in international law since they don’t have the legal authority by engaging in international relations. They also don’t have all the qualities that would define them as nations under international law. The modern definition of international law expands the traditional norms so as to include intergovernmental organizations and even individuals. An example is the case whereby United Nation has the mandate to get into agreements with international organizations and states (Evans, 2014). Origin of International Law The idea of treaties can be traced as far as 2100BC in a Mesopotamia agreement between Lagash and Umma rulers. This peace agreement led to a stone block inscription that developed the boundary between the two states. Egypt, Ramses II around 1000BC signed an agreement with the Hittites King that promoted peace. This treaty was to define the territory between the two states and form a defensive alliance. Before Alexander the Great, the Greeks of the ancient times developed small states that were in close interaction. This interaction was in both during peace and war, thus enabling rules to be formed to enhance the interaction. These rules excluded the non Greeks, but promoted the interaction between the Greek states (Evans, 2014). Roman Empire did not apply external rules in their dealings outside their territory, thus didn’t promote international relations. But they developed municipal laws that saw to it that there was an interaction between the Romans and the foreigners. These laws were known as jus gentium promoted fairness in interaction with outsiders, thus acting as natural law. This element of fairness is still included in the international law of today. The fall of the Roman Empire that led to independent cities, nations and kingdoms led to the need for making rules to govern these communities. Most of the European countries, therefore embraced the code of law known as Justinian whose origin was Roman Empire. These countries also decided to use the inspiration laws of the Catholic Church known as canon law (Evans, 2014). International trade also played a major role in the development of the present international law. To guarantee trade there was a need to protect the merchants; a deed that would only be achieved through the formulation and implementation of these laws. A group of entities knows as Hanseatic League saw to it that these laws were developed so as to see that peace prevail during the trade. The city states in Italy developed diplomatic policies through their act of sending diplomats to other capitals. During the war that took thirty years, the states saw it wise to develop rules that would see the civilians protected (Evans, 2014). The coming up of the scholars like Hugo Grotius enabled the development of treaties that were international in nature. Hugo Grotius came up with the De Jure Ac Pacis Libri Tres that turned to be starting point of the todays’ international law. Oppose to other scholars who believed that the natural law was from the gods; Grotius believed it was a universal reason. He believed that it was an essential part of human living that would see all men benefit as equals. These Grotius rationalists thinking mad him develop several logical principles on which the laws were based. The international law later gained popularity and strengthened over time (Evans, 2014). State sovereignty as a principle came to exist in the 1648 with the signing of Westphalian treaties. The 18th century second half saw to it that the international law developed the principle of positivism. The end of World War I enabled an attempt by the international law development in the form of peace treaties. In these treaties the idea was to be backed by the League of Nations but it didn’t materialize. The attempt by the League of Nations, to stop invasions dint see the light. This attempt was made through the introduction of military and economic sanction to those states that tried to conquer or invade other countries. This led to the development of the Permanent Court of International Justice that would see that disputes were resolved amicably. Several nations signed this treaty as an agreement that arbitration was better than conflict in times of differences. This was limited though by the nations not agreeing to be controlled or given idea on how to run their nations. The aggression from Italy, Germany and Japan were not responded to by this law thus the World War II. The impacts of this war saw it that the international law idea had a boost thus leading to the modern international law (Evans, 2014). Important Elements in International Law Progress 1. Terrorism Threat The threat of terrorism in most of the countries, including the most developed one has made it open that no country can stand on their own. Policies have therefore been put in place to see that there is a close relationship to ensure that countries help each other in the fight against terrorism. This has enabled countries to come together through international platforms that would see that the threat is reduced. It is believed that the rapid progress in the international law will lead to the world being a better nation. There will be peace through the elimination of using dangerous weapons like the chemical weapons (Evans, 2014). 2. Globalization Globalization is the process of integration among countries that happens due to the interaction of the states. The fact that all nations need one another for development has made it necessary for international laws to be adhered to. Business activities have made the development of world entities like the World Bank and International Monetary Fund. These institutions have rules and regulations that see to it that all nations that want to interact with them adhere to it. Nations believe that it is easier to achieve their goals through acting as one (Evans 2014). There is belief that the countries’ sovereignty can be improved through getting involved in the multilateral institutions. 3. Multilateralism theories People believe in multilateralism theories as one of the scientific approaches in the sharing of the global institutions thus promoting international law. It is viewed as the way forward for survival as countries interact and exchange good and service through the international market. This kind of relations is perceived to promote peace, something that all nations admire. World peace has been the main goal of all nations and believes that it can only be achieved through international relations. Development of the intergovernmental institutions like the United Nations and the European Union promotes the utilization of international law (Evans 2014). 4. Environment Concept The idea that the whole world is a unit whereby wrong doing in a given part of the world affect other people promotes international law progress (Evans 2014). Ideas related to the environment have been of late common in the issue attention cycle making nations to interact. The environmental theories and policies have seen to it that the international laws are in progress. 5. Technological Development Improved technology has seen to it that countries can relate easily, thus promoting the international law (Evans 2014). Technological development has made it easier for the states to communicate and exchange views. Technology also has made it easier for information to be exchanged with the best practice being emulated thus an act of interdependence. Importance of United Nations The role of the UN can’t be replaced, not even with the introduction of regional organizations and the development of other intergovernmental organizations. United Nations have ensured that there is peace and security in the world. This has been made possible through its promotion of cooperation among states and worldwide development. Through the UN, mankind can be safe of the challenges that are associated with issues in global and regional spheres. The UN is an intergovernmental organization that is in a good place to solve these issues. The work of the UN is in relations with what the countries want, for example, just and peaceful society through the Security Council (Evans 2014). There is therefore need to uphold and promote the purposes United Nations Charter. United Nations Organs that Contribute to International Law Development United Nations have five major organs that help it in running its activities; these organs are: 1. The General Assembly This is whereby all the member states come together for a session. It promotes international law through allowing the member states to discuss their problems and develop solutions together. It promotes equality through the concept that each country has a single vote, making countries to think no game play (Evans 2014). 2. The Security Council Being the UN main body, the members meet almost daily and it has more powers. It is the body involved with decision making thus its verdict is followed by member countries. The council has 15 members with five being permanent. These five have the veto rights while the 10 countries change with every 2 years (Evans 2014). 3. The Social and Economic Council They make important decisions, thus obeyed by all countries. Its main goal is to keep order in the whole world as it also participates in conflict solving. It is the UN organ that also sends peace keepers in the areas that has troubles (Evans 2014). 4. International Court of Justice It is the world court where verdicts are made in case two member states are in a conflict. Its judges are independent and are elected by United Nation (Evans 2014). 5. The Secretariat The secretariat has a lot of power as far as the United Nations is concerned. It is the highest official post in the UN and the person holding the post is elected by the General Assembly. The holder of the post has served for five years, then election is held (Evans 2014). a) Diplomatic Immunity Law This is a law that holds that diplomats can’t be sued or prosecuted under the laws of the host country but can be expelled. This is a product of the Vienna Convention on Diplomatic Relations of the year 1961. The argument here is that diplomats act in the capacity of head of state in the country located or sent. They act in the sovereignty of the state since they are the homeland state representatives (Evans 2014). Importance of Diplomatic Immunity Law Introduction of the diplomatic immunity law was not something in vain. This was done after the lessons learnt that bilateral or ad hoc based kind of immunities didn’t nothing but increased conflicts due to misunderstandings (Evans 2014). The importance of this law is: 1. This law sees to it that the immunities and privileges rendered to the diplomat make the diplomats to effectively carry their duty. This is only based on the agreement that they are reciprocally given to the diplomats of the host nations too. 2. Diplomatic immunity law allows the maintenance of good relations among the governments concerned, including during the time of difficulties of conflict. Discrepancies of the Immunity Law The home country can waive the immunity, but the host country cannot no matter how serious the diplomat engages in unlawful acts. This means that in these two states have different powers with the host having the lesser power. If the cost country is where the wrong doing act happens why is it that they must rely on the diplomat country (Evans, 2014). The immunity law aims to enhance a good relationship between the two countries and the same time the diplomat can use the immunity to harm or act against the host state. This will not enhance the relationship but make it deteriorate to the worst (Evans, 2014). Taking Advantage of the Immunity Law The diplomat can use this law to do illegal business like smuggling of drugs and other prohibited stuff in the host nation. The diplomat also can abuse his or her employee or put them in slavery. This is an act against human rights, but for this there is immunity nothing can be done to the diplomat. There is also the possibility that the diplomat can misappropriate funds and other financial malpractices with the idea that nothing can be done to them (Evans, 2014). b) State Recognition This is a procedure that involves government of the states that exists, respond to some specific changes in the global community. Recognition is therefore a scenario whereby the states are recognized as legal individuals in the international law. Recognition of a state does not only entail the fact that the country has got all the required qualifications, but also getting into relations with other recognized states. The recognized states interaction should allow all parties to enjoy domestic immunities and privileges that come with being recognized. The recognition is more of driven with the political issues rather than the legal issues (Evans, 2014). The legal part of the state recognition is supported by both the International law and the Montevideo convention. The international law holds that a state that is capable to meet the criteria of being a state (statehood) can be a state. The Montevideo convention issues four characteristics that must be met in a state to be recognized. These four characteristics are: a) the state must have a permanent population; b) the state should have a territory; c) the state must have a functional government; and d) a state must be in a position to relate with other states (Evans, 2014). The political part of it is entailed when it comes to the benefits of recognition. This is majorly brought up when the recognized states need to relate to each. For the countries to relate and allow these privileges to be gained by other countries there must be interest. These interests are what makes the political part of it (Evans, 2014). State Recognition is both Political and Legal The fact that a country must meet certain legal requirements make the process legal, but since that is not the only force that play, it is also political. The state recognition decisions have the element of politics in it since it depends on political views. The fact that politics play a role is an appropriate thing for a relationship with a sovereign state and issuance of certain privileges has all to do with the state’s interest. This makes the states to weigh demerits against the merits before getting into such a decision (Evans, 2014). Impact to International Law There should be separation of legal issues and politics in the international law arena. This will enable uniformity and conformity with the international law by all the parties involved. Involving politics with legal issues tend to allow space for some states to make their own decision when it comes to getting into agreements. This might affect the following up of the international law as some states will decide not to conform to the set rules and regulations making the law of no use (Evans, 2014). Work Cited Evans, M. D. (2014). International law. New York, NY: Oxford university Press. Read More