The Role of International Law - Coursework Example

The purpose of International Law Introduction: Every nation of this world has its respective legal norms to which residents or citizens of the state are bound to follow. The most obvious question is automatically raised: what is the function of law in the society? Malcolm Nathan Shaw observes, “Law is the elements which binds the members of the community together in their adherence to recognised values and standards….Law consists of a series of rules regulating behavior, and reflecting, to some extent, the ideas, and preoccupations of the society within which it functions.”1 Since inception of the globalization concept people’s outlook towards international affairs has changed drastically. Despite existence of the political, global and territorial differences the whole world is considered as a global village and such concept mainly enhances the idea of universal brotherhood. At the same time in the context of trade, cultural intercourse, the idea of globalization plays a major part. In this context it needs mentioning that no matter how much the globalization aspect seems positive and flawless but at the same time it includes several lacunas. In this global society also the superior nations are finding an opportunity to show their aggression, to inflict oppressive approaches towards the other nations, their people and their economy. The rate of crime has also increased to a great extent and most of the criminal, after committing the criminal deeds flee to other nations to seek shelter. As administrative system of a particular nation does not have the power to exercise the hold over other jurisdictions, the fear of being caught is reduced to a great extent for those criminals. At the same time economic aggression is also taking a brutal shape. According to modern international treaties in the post World War II situation it has not been possible for the nations to exaggerate the power of politics to express their imperialistic mentality. Thus, those nations have adopted the procedure of economic aggression through which a superior nation can enjoy economic hold over the other nation through trade relationship. Thus, the importance has also been realized by legal scholars that there must be some kind of restraints that prevent one nation to become havoc over the other. These are some of the typical situation; rather problems at the international level that generated the emergence of this new discipline of legal jurisdiction: International Law. Definition of International Law: Legal and scholars of jurisprudence have attempted to provide definition of the International Law in different manner and such attempts have given birth to multiple ideas and concepts. It is quite tough to encompass all these ideas through one technical approach but at the same time if we make an attempt then the concept of International Law can be defined as, “The aggregate of the rules which determine the conduct of the general body of civilized States in their dealing with each other and each other’s subjects.”2Through this definition over the International Law the author has attempted to cover all those issues that are related to the subject but at the same time the author has also confessed that “There is still much dispute as to the nature of International Law, its methods, and its limits, and its relation to the science of Ethics.”3It is through such confession of Thomas Joseph Lawrence we receive a clear idea of the aspect that the realm of International Law is vast and it is not possible for one to encompass all the aspects associated with International Law within a single area. Origination of International Law has generated from the fact that the States would come under mutual intercourse on various aspects but at the same time under disguise of such intercourse a State should not attempt to receive an upper hand over another State. Thus, it is clear from such observation that one of the most important aspects of the International Law is to put adequate stress over the ethical aspect and at the same time it also attempts to ensure ethical issues are of highest importance in the arena of International Law. Anything that violates such ethical aspects should be prevented through the method of legal enforcement. Interestingly, such legal enforcement is applicable in case of individuals, organizations as well as States. Nature of International Law Compared to the legal norms applicable to a certain territory, the provisions of International Law differ quite extensively. There is no denial of the fact that several similarities can be found between laws of the nation and international law. It is mainly due to the fact that legal provisions of the International law on most of the occasions have been derived from the jurisprudential influence of different nations. At the same time if we put a close analytical watch over legal systems of different countries we will see that most of the most of the legal systems have certain traits in common, such as, emphasis over fundamental rights of common people, basic requirements to lead a healthy social life and finally to live with human dignity in the world. One of the main aims of law has been to secure the life of an individual in the society so that the individual can lead a peaceful social existence. As the whole world has transformed into a society, it has been the main aim of the International law to secure the lives of individuals in this universal society. One of the main features of the International Law has been that it has derived its main inspiration from the foundation of Natural Law, “that is to say from certain principles of universal authority, discoverable by human reasons, but existing independently of any arrangements made by man …” 4 Emphasis of International Law over the ethical aspect has been reasserted through such observation. The universal authority signifies the rule of God and that is equality among human beings. This sense of equality has been derived from the Natural Law and has been applied in the human context which signifies that one of the main purposes of the International Law has been ensure the sense of equal treatment among human beings, aiming at a better social existence. At the second place several arguments have been raised by the legal scholars looking at the legal structure of the International Law that whether it is actually a Law or not. The main reason behind such argument has been that most of the provisions of the International Law do not contain any definite legal recognition. In this context such laws are most of time recognized as “positive moral rules”5but not as laws in the strict sense of the term. However, despite such non recognition in terms of legal connotation provisions of the International law are very much legal and all the nations as well as individuals that come under its scope, are required to follow such legal aspects. Role of International Law in securing the “World Order”: “World Order,” this very term has quite frequently been used in the context of International Law. Though there have not been many attempts to elaborate the concept behind “World Order” but at the same time it becomes clear to us from the terminology itself that the term “World Order” actually signifies the sense of harmonious existence among human beings in this world. Truth behind such observation has been asserted as Aaron Joshua Thomas and Joseph Jude Norton have assertively put forth the question, “…what role it can be expected to play; and how far, and in what ways, it may help to being about a more peaceful “World Order”.6Such observation asserts that the authors do not have any double about capacity of International Law to develop a stronger foundation to ensure the “World Order” or the prevailing harmonious ambiance across the world but at the same time they seek to explore to which extent legal provisions of the International Law has been able to constitute such harmonious backdrop in the global context. It is due to the emergence as well as recognition of the International Law across the world there has been several modifications in the global context legal system. Legal institutions like the United Nations and other legal bodies that have been generated from the legal body of the United Nations are always alert to secure peace as well as equality among human beings. Whenever there is a risk of violation of human principles or moral or ethical issues concerned to human development, all those issues are addressed by such global scale legal authorities as soon as possible. On one hand these legal authorities respect the territorial laws of the respective nations but at the same time these legal bodies also assert their rights based over the International Law that the conflicting states must prohibit themselves from being engaged into any such activities that would breach the norms of world peace. In addition to this “There is machinery available for settlement of international disputes both through the International Court of Justice (“I.C.J” or “World Court”) and other international courts, and by political bodies.”7 These courts also attempt to maintain “the difficult line between the maintenance of the highest quality judgments and the achievement of an efficient throughput of work. This has been a high priority of the International Court of Justice.”8 Apart from such legal addressing at the global level of dispute addressing matters international law has also been applied by several national level courts or by national level administrative institutions, especially when it comes to arbitration in commercial affairs among the States. It is clear from such observation that “Law of Nations or International Law”9 is mainly aimed at solving all those matters of disputes that occur at the international level. These are not only a “body of customary and conventional rules”10that are aimed at tying the civilized states together to ensure balanced cultural and financial intercourse but at the same time those also ensure that the law of ethical jurisprudence is not violated. It has often been witnessed that in the process of ensuring such harmonious existence there has often been conflict among law of a particular nation and International Law. However, all such matters of disputes can be solved or those can “be invoked before an international court or tribunal” 11for addressing all these issues accordingly. One of the unique aspects of the International law has been that the states are recognized as “International Persons” and such observation was for the first time developed in the landmark case of “Rex v. International Trustee for The Protection of Bondholders Aktiengesellschafts”.12 Depending over such legal principle the matters of dispute are also attempted to solve accordingly. The main objective and purpose of the International Law has been to secure live of the individuals in the modern world and at the same time it attempts to provide them with a human environment based over the foundation of legal structure. No matter how much disputes have been raised regarding the legal authenticity of International Law but when it comes to addressing of disputes in case of individuals or nations at the global level, international law is the sole avenue in the hands of the humankind to solve such problems. References 1. Lawrence, T,J., 2008, A Handbook of Public International Law, BiblioBazaar, LLC, South Carolina 2. Pauwelyn, J., 2003., Conflict of norms in public international law: how WTO law relates to other rules of international law, Cambridge University Press, Cambridge 3. Lauterpacht, H., n.d., International Law Reports: Annual Digest of Public International Law Cases 1935-1937, Cambridge University Press, Cambridge 4. Roxburgh, R., and Oppenheim, L., 2005., International Law: A Treatise, The Lawbook Exchange, Ltd, New Jersey 5. Shaw, M.N., 2003., International law, Cambridge University Press, Cambridge 6. Thomas, A.J., and Norton, J.J., 1987., Public international law and the future world order: liber amicorum in honor of A.J. Thomas, Jr, Wm. S. Hein Publishing, New York Read More