The Basis of Obedience by States in International Law - Coursework Example

INTERNATIONAL LAW Name: Course: Tutor: Date: Introduction The onset of international trade, that is trade between two or more countries prompted nations to formulate international laws governing their transactions. In simple terms, International Law refers to a system of legally binding agreements between nation states and incorporates principles as well as rules that tend to govern the transactions of countries with each other (Lauterpacht, 2011, p.22). Considering the fact that majority of businesses and organisations have turned global, international law rules have been redefined to incorporate transactions between international businesses. International Law is basically divided into two main categories namely public and private international laws (Kelsen, 2003, p.40). While public international law tends to deal with relationships between different countries or between a country and an individual from another nation, private international law is generally deals with personal issues such as human rights or civil issues and also the manner in which their citizens are treated by other countries (Simmons, 2000, p.51). Having been developed in the 17th and 18th Centuries, International Law was considered an important tool for relations between nation states whereby people had no particular role in the process of resolving conflicts existing between nations except by being representatives of the given states for instance naval officers or diplomats (Shaw, 2003, p.83). International organisations play a major role in as far as international relations are concerned where International Law in this day and age is related to the work of non-governmental organisations such as the United Nations when it comes to formulating international treaties. Discussion Importance of International Law Technological advances have made it possible for majority of individuals to interact on a global scale thus making the world seem to grow smaller. In such a scenario International Law is the only system that seems to make sense. International Law is usually established and agreed upon by the people or authorities that make up the international system despite the fact that not every country state is a member or plays a role in the whole process (Murphy, 2010, p.35). In addition, it is found within agreements known as treaties which exist between states or is derived from recognised and custom general legal principles (Victor, Raustiala & Skolnikoff, 1998, p.99). Majority of multilateral treaties involving more than two states are usually formulated by the United Nations. International Law tends to recognise the common principles and rules found in legal systems worldwide (Halleck, 2006, p.112). As more and more countries continue to develop the importance of International Law has been increased in the recent past in addition to increased complications with regards to international legal issues. Without the existence of International Law, the world would be in chaos and therefore it tends to provide the foundation for stability and peace while aiming on protecting and ensuring the well being of all mankind (Besson & Tasioulas, 2010, p.70). As earlier mentioned the world seems to shrink due to technological developments and the resulting factor is that occurrences in one part of the globe tend to have an almost immediate effect on the rest of the world. It is quite impossible for a modern day state to lead an isolated life in presence of ongoing world affairs and thus majority of state governments are forced to not only carry out their internal affairs but also make an effort of regulating their behaviour towards the governments and citizens of other nations (Lauterpacht, 2011, p.23). International Law is important in setting up a structure founded on nation states as the principle actors in as far as international legal system is concerned where it defines their legal responsibilities regarding their behaviour with each other as well as within nation boundaries with their treatment of citizens (Simmons, 2000, p.55). International Law is responsible for regulating global commons for instance international waters, global communications, world trade, sustainable development and the environment as a whole (Murphy, 2010, p.39). Absence of International Law would mean nations not being in a position to maintain relations founded on mutual cooperation, harmony and peace. Basis of Obedience by States in International Law International Law is made up of norms, principles and rules that tend to govern nations in their dealings with each other. Rule of International Law have been in play for the past 5,000 years and have been on the increase as nations perceive their national interest to be served by such principles that are based on reciprocity and equality (Kelsen, 2003, p.41). Despite the fact that international legal system possesses no Chief Executive, court of universal jurisdiction or legislature, rules and principles are still obeyed as much as those within any particular nation (Shaw, 2003, p.87). The principles, norms and rule of International Law stem from 3 main sources of obligations namely principles of natural law, customary international law and treaties (Victor, et al., 1998, p.100). Treaties and customs have in the recent past been accepted as the main source of International Law. A custom refers to an authentic expression of values as well as needs of a community at any given time where customary international laws are considered aspects of law that are derived from international community (Halleck, 2006, p.115). On the other hand, treaties are a creation of written agreements between nations whereby participating states legally bind themselves to behave in a particular relation between themselves (Besson & Tasioulas, 2010, p.80). Systems of customary law assume that the rule applied by them are long established and possess a number of benefits such as the fact that custom is democratic. All nations are allowed to share the formulation of new rule where the factor of equality of nations is constant (Murphy, 2010, p.44). If nations are not satisfied with a particular law customary law can be changed as soon as possible without necessarily having to convene and successfully complete a world conference. Custom is also recognised as valuable in that it is activated by a rather spontaneous behaviour thus mirroring the modern day concern of society (Lauterpacht, 2011, p.24). On the other hand treaties are founded on the law making treaties that are intended to have a general impact in as far as international law is concerned. Law making treaties in this case refer to agreements whereby nations clearly make known of their perception of International Law under any given subject or develop new rules meant to guide them in future regarding international conduct. While customary law is one that is followed by states, treaties are not a necessity as they only play a critical role during jurisdiction (Simmons, 2000, p.59). As aforementioned International Law is concerned with formulation of principles, norms and rules that tend to constrain states foreign polity actions while facilitating improved relations between these states. International Law develops codes of conduct of the international behaviour of states and forms decision making processes able to assist nations to deal with conflicts before they escalate into violence (Kelsen, 2003, p.43). Countries are expected to act in a manner so as to maximise their power especially militarily in relation to other countries as a way of ensuring their survival. There have been recent arguments stating that International Law cannot be considered real law as it does not possess any framework in place to ensure adherence to and punish nations that do not follow the laid down rules, principles and norms (Shaw, 2003, p.90). Critics argue that since such a mechanism does not exist there are no repercussions for breaking the law as International Law does not constrain states behaviour under the international system at any given point. States are therefore not required to follow the rules and norms laid down by International Law thus having no effect on their foreign policy behaviour (Simmons, 2000, p.62). However, International Law does require and expect obedience by states and is indeed considered effective in constraining the behaviour of states in the international system. Critics of International Law forget the fact that in order for law to be considered law some form of effective motive is required for them to be effective (Lauterpacht, 2011, p.25). International law possesses this particular factor as there exist systems in place which tend to encourage nations to follow the law supported in some cases by the possibility of reprisal for non-adherence (Victor, et al., 1998, p.101). Nations are thus constrained to International Law as they are legally expected and required to follow the law. States behaviour and obedience is constrained in the international system since adhering to rules, procedures and norms of international law is in the states’ national interest. As it has been observed in the recent past, International Law is most effective if not imposed upon nations using the threat of coercive force but rather when it is initiated by countries to benefit their national interest (Halleck, 2006, p.120). Countries especially in this day and age have no choice but to cooperate with one another for their economic or ecologic benefit. It would be detrimental to mankind if states were to operate as single entities since they tend to share technology, skills and resources making production of goods and services more efficient thus leading to creation of more wealth (Kelsen, 2003, p.44). International law that assists in the facilitation of increased cooperation between nations by establishing principles and rules for these countries to discuss requires no coercion in making the nations adhere to the laid down law. As they benefit from these laws, states will automatically be constrained by the principles that are defined by International Law and thus obey them. Interdependence between states also results in less conflict with other states under the international system as International Law establishes procedures by which nations can resolve conflicts (Besson & Tasioulas, 2010, p.90). Rules followed by nations under International Law are protected in the states’ behaviour because of repeated participation ensuring that nations follow these rules when interacting with other nations. Countries are aware of the fact that other countries are compelled by International Law as it assists in the prevention of conflict by allowing them to settle their differences without necessarily opting for armed force (Shaw, 2003, p.92). Factors taken into account by States in compliance with International rules A state of conformity or identity between an actor’s behaviour and a specified rule is known as compliance (Kelsen, 2003, p.45). If an international commitment, say, international law matches current practice then compliance is automatic. Majority of international agreements in place tend to reflect a dynamic that makes compliance to international laws easy but leads to a negligible influence in states behaviour (Besson & Tasioulas, 2010, p.100). As a number of theorists have observed compliance is usually triggered by a process of reflexive reaction that results in perception of rules as either being fair due to their allocation of scarce resources in an equitable fashion or emanating from right process where actors tend to have equal access to lawmaking (Lauterpacht, 2011, p.26). Compliance is generally founded on the internatilisation of rules considered legal. In such instances norms or principles become internalised in the normative system of each individual actor from where these actors discipline its nature and finally behaviour (Murphy, 2010, p.50). It is important for international agreements to be agreed upon by nations which must then in turn pass implementing legislation while providing the necessary resources for compliance and enforcement especially with regards to environmental agreements. It has been observed that International Law tends to constrain states’ behaviour with regards to the international system as it is considered part of a nation’s domestic behaviour thus forcing nations to comply with the norms of the law since it is also part of their inherent behaviour to do so (Halleck, 2006, p.122). It rather impossible for a country to simply act on impulse as in their practice they on a regular basis refer to International Law in as far as justification of the lawfulness of countermeasures is concerned. Since International Law conforms to the requirements of law, states are expected to obey International Law as it tends to facilitate increased interdependence between such states (Victor, et al., 1998, p.102). In the past the state was the main subject of international law. However, in this day and age international organisations as well as the individual have become the subject of International Law (Besson & Tasioulas, 2010, p.110). A number of factors have lead to the establishment of International Law which is in existence today. The main objective of this form of law in the past was to create a harmonious system of international relations rather than an equitable one. Despite the fact that the international system is not considered static it has been observed to continually evolve as a way of meeting the needs of the ever changing environment in as far as international community is concerned (Kelsen, 2003, p.46). Human activity is said to increase in future and such technological advancements as activities in outer space will create new problems regarding international relations. It is such factors that will require further development of International Law and states’ compliance to international rules. Another factor taken into account by states in compliance with international rules is that of development of telecommunications of a worldwide nature (Shaw, 2003, p.95). One of the objectives of International Law is to be able to interpret state practice and since there is presence of instant transmission of information no digestion of the news before transmission can take place. International Law advanced greatly in the course of the 19th Century due to a number of factors such as the growth of European civilisations overseas, new interventions of military or civilian implementation, emergence of powerful new nations and the modernisation of world infrastructure (Murphy, 2010, p.59). Additionally, factors in international and national realms have also influenced International relations and international law as a whole after World War II. In the past, nation states competed to possess sovereignty that was to be safeguarded at all costs but soon after the Second World War, this particular concept transformed as well as the nature of conflict amongst countries (Simmons, 2000, p.68). This in turn led to changes being made with regards to International Law. Increase in the number of states largely affected compliance of states concerning international rules as more and more conflicts tend to arise when states interrelate with each other. Modern day international relations are really international in character since all nations insist on participating actively (Halleck, 2006, p.126). Majority of states and especially governments are well aware of the fact that international agreements tend to lack restraining power since most of these governments retain the right to interpret as well as apply provisions of international agreement as per their wishes. International rules are established purposely for the solution of common conflicts as states have difficulties solving them through political means alone or unilaterally (Lauterpacht, 2011, p.27). The central mechanism for securing compliance by states with regards to international rules is through reputation. Nations tend to anticipate paying a higher cost for breaking international agreements as a way of achieving immediate benefits (Victor, et al., 1998, p.103). The value of compliance to international rules by states with regards to International Law flows from its domestic political advantages in as much as it does from the benefits associated with securing transformations in the behaviour of other countries in the international system (Shaw, 2003, p.98). In instances where democratic norms connected to the rule of law may have an impact on governments’ attitudes regarding International Law compliance, normative considerations are present. Such factors have long been observed under International Law compliance and it has long been observed that law can be able to influence compliance of states to international rules only when a social system marked by common beliefs and norms is present (Simmons, 2000, p.71). Normative approaches in relations to challenges of compliance by states tend to generally pay closer attention to beliefs, standards of acceptable behaviour and the force of ideas as being some of the key influences with regards to government’s willingness to comply with international rules. CONCLUSION As earlier mentioned, International Law is a system of law that tends to govern as well as guide human activities and relationships at the international level. States and international organisations such as the United Nations are considered key actors in the international field. Even though majority of states appear to adhere to rules, principles and norms of International Law there are still questions regarding the numerous violations of human rights occurring around the globe. In such instances coercion into adherence may be necessary as a way of ensuring compliance to international rules under International Law by states. The international is against use of force but allows it in most dire circumstances. Law in general is considered something more than just some enacted rules of a state supported by some form of coercion. The reason why citizens and states adhere to the law is because they desire to maintain peace and orderliness for their own self interests and also for the good of the international community. It is therefore crucial that states obey international rules under International Law and ensure that as the world continues to evolve, it also evolves and is applied appropriately. REFERENCES Besson, Samantha, & Tasioulas, John. 2010 The Philosophy of International Law, Oxford: Oxford University Press. Bilderbeek, Simone, Wijgerde Ankie, & van Schaik, Netty. 1992 Biodiversity and International Law: The Effectiveness of International Environmental Law, Washington, D.C.: ION Press. 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