International law consists of rules and principles which govern the relations and dealings of nations with each other. International Law, which is in most other countries referred to as Public International Law, concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations…
Download file to see previous pages...
Public international law derives its rights from international agreements and may take any form that the contracting parties agree upon. Agreements may be made in respect to any matter except to the extent that the agreement conflicts with the rules of international law incorporating basic standards of international conduct or the obligations of a member state under the 'Charter of the United Nations(" We the Peoples of the United Nations... United for a Better World", UN Charter 1945)
In this context, a brief discussion on the Vienna Convention on the law of treaties, 1969 seems to be relevant. The VCLT (Vienna Convention on law of Treaties )was drafted by the International Law Commission (ILC) of the United Nations, which began work on the Convention in 1949 and finished in 1969 with a diplomatic conference held by the UN in Vienna, Austria. The Convention was adopted on May 22, 1969.The Convention entered into force on January 27, 1980. 108 states have ratified the VCLT (May, 2007).
The 1969 Vienna Convention defines a treaty as "an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation".
To recognize the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems,
To Note the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized,
To affirm that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,
To recall the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,
To have in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and
To recognize and respect independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,
Believing that the codification and progressive development of the law of treaties achieved in the present Convention will promote the purposes of the United Nations set forth in the Charter, namely, the maintenance of international peace and security, the development of friendly relations and the achievement of cooperation among nations,
To affirm the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention,
Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. Between sub-national
...Download file to see next pagesRead More
Cite this document
(“Public International Law (Extradition) Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved de https://studentshare.org/miscellaneous/1510951-public-international-law-extradition
(Public International Law (Extradition) Essay Example | Topics and Well Written Essays - 3000 Words)
“Public International Law (Extradition) Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/miscellaneous/1510951-public-international-law-extradition.
In the extradition agreements or treaties the compromise in international law is that a country does not have any commitment to surrender an alleged criminal to a far-off country as one code of self-government is that every country has legal power over the people in its borders.
Its goal is also to establish the legal rules which are applicable to these rights and duties and the legal remedies available to ensure compliance. For this reason, it is therefore important to establish first which the subjects and persons who are to enjoy and lay claim to these rights and duties2.
National courts generally interpret and apply international treaties, customary international law and principles of international law. International tribunals in turn attempt to fill gaps in customary international law by reference to national case law and codes.2 This means that international tribunals identify prevailing state practices that are essentially transferred over to international customary law.
Legal framework have been and continues to be applied in addressing the criminal offenses done by persons while acting on personal behalf or when acting at a states behalf as obliged by office. However, during the course of serving, people often infringe the sovereignty of human rights and commits crime, which necessitates the intervention by court of law.
Along with the legislatures, there is also a need sometimes for referendums. Here, usually one aspect is decided upon by the electorate; and it is usually in a ‘yes-no’ format. The success of the referendum depends not so much on the outcome as on the participation or the voter turnout for the referendum.
In the words of a realist, International politics is a world free from all legal ad moral restraints, where the powerful, and the not so-powerful states possess the freedom to act in instinct, at their own leisure and liberty, and ultimately to use force with impunity (Dino Kritsiotis, Introduction, The power of law as international language).
isdiction of the relevant courts and the nature of the law that is to be implemented, which may contravene the national laws that have been established and thereby constitute an encroachment of the sovereignty of national laws. Moreover, in the case of war criminals, states are
An international crime transcends local jurisdictions and cannot be left within the exclusive jurisdiction of the national authority that would normally adjudicate such trials. International crimes are war crimes, including genocide, crimes against humanity, torture and aggression and international criminal law is the law that governs such crimes.
Pinochet was the oldest of six children. He entered Military School in 1933 and after four years of study, in 1937 he graduated with the rank of alférez (Second Lieutenant) in the infantry. With his dedication to the study of
The Convention became fructuous with effective from 27th January 1980. The Convention in question had been ratified by 111 countries of the world in the year 2010. Some countries have not ratified it on
8 Pages(2000 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Public International Law (Extradition) for FREE!