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Does international law function effectively - Essay Example

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In the western civilised society, community based laws are created and formalised for the regulation of conduct between individuals, legal entities as well…
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Does international law function effectively
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Download file to see previous pages If we expand the definition to include nation states and simplify it somewhat we can say that any particular act can be seen as a crime if the international community defines it as such3.This is clearly the state of affairs when one examines the current state and the historical foundations of international law where crimes were said to be committed when countries broke agreements with each other, went back on treaties signed with groups of other nations, ignored international decisions or behaved in a inappropriate manner4 for a nation that wishes to be integrated into the larger global cooperative system that is currently taking place in the history of civilisation5. While this may show that international law and regulations have failed, it cab be shown that the law itself has not failed rather it is application of the law which has missed the mark completely.
As a basic element of civilized living, it seems that the idea for not breaking any rules and following the law is ingrained into the members of a group simply because without respect for and agreement on certain rules, a society could completely fall under anarchy. To maintain laws, there is also the intimidation of punishment linked to breaking the laws but if a country or a ruler of a country knows that they can get away with it then it would be unlikely that they would continue to follow the law without incredible self restraint6. Even on an individual level, a society where certain powerful members or the elite play give little regard to the laws of the collective, the society can eventually get to a position where the law is utterly powerless and in many ways, this idea certainly applies to the global arena7.
As there are lawgivers and lawbreakers in the global arena, there are also people and organisations responsible for keeping the law. In a city, town or country, it is relatively easy to enforce the law mainly because jurisdiction issues are not present. However, in the case of ...Download file to see next pagesRead More
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