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Article 51 means that such rights are applicable only in the case where military assault is committed by a specific country rather than a fanatic and terrorist group (Al Qaeda) which does not represent any country in particular. The preface of Security Council Resolution 1368 dated twelve September recognizes basic right of an individual or common self-defence or self protection act in agreement with the Charter. But the key functioning part of the Resolution views 9/11 event as terrorist attacks rather than classifying them as armed attacks. Concluding this it can be said that the Resolution does not unambiguously recognize that the basic right of self-protection or defence as a consequence of the 9/11 event. However, as national interests have absolute priority in the United States, it is appropriate here to describe the principles self-defence under international law attributable to the International Law Commission.
Humanitarian intervention refers to armed intrusion into a country by another country in order to mitigate the pain, distress, and suffering of its citizens. Although such intervention in international law is very powerful, its concept remains profoundly vague. Intervention embodies an element of prevention as it is the means by which prevention is implemented (Eberwein and Badie, 2010). The main idea of humanitarian intervention is that a country has the right to intervene in matters of conflict in another country and, in some special circumstances, to intervene to protect the victimized people in the other country. These attempts were just a reason to promote but in reality invade other countries to enforce the basic rights of human, these efforts were also supported by League’s mandate system and minorities’ clauses (Moosleitner, 2009). Humanitarian intervention by a powerful country in the internal affairs of another directly challenges its national
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As a result there is significant uncertainty regarding whether or not a rule of customary international law is created and where a rule of customary international can be found.1 Even so, it has been argued that custom is a valid source of international law because it is derived from state agreement.
These elements include: population (people), territory, government, and the capacity to enter into relations with other states. Other elements have been included, but the above four are the basic requisites and are respected and recognized by all countries as determinants of statehood.
However, when the question is asked if international law is really “Law,” the intention is not to essentially inquire as to whether or not international law is actually natural law, for this cannot be proven even by adherents of the natural law tradition.
States build fortresses to defend themselves from marching legions. With the same motive of self-preservation, states also forge alliances to help them ward off potential invaders. Fast forward to the 21st century, sovereign states are no longer threatened by wars waged by an invading enemy.
In addition, the humanity witnessed the failure of UN Security Council, NATO, International Criminal Court, and many other conventions and organisations to control the use of economic and military power by the US and its allies in the name of ‘preventive war’, in stark contradiction with the meaning and ethos of all the measures taken by the international community after the World War II to save succeeding generations ‘from the scourge of war’.
.......................... 2 Overview of the sources of international law..................................................... 2 Treaties............................................................................................................... 3 International Customs.
ds 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 core of International business is trades as defined by the Webster’s Universal Dictionary And Thesaurus (1993) as the “deal, exchange, sell, and traffic” of goods. Goods to be the legal subject of a business transaction must first be released by its
??international law” has fuelled academic debate regarding its interpretation, parameters and whether it in fact hinders measures to maintain international order.1 Additionally, notwithstanding the theoretical importance of international law making in areas such as human
istent conduct, then these states may be performing in that manner, for the reason that they owe to themselves a good judgment of legal obligation – as expressed in the Latinism, opinio juris. International law on its part can aptly be considered as a system of rules or
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