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History and development of international law - Essay Example

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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…
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History and development of international law
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History and development of international law

Download file to see previous pages... 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.
Legal and scholars of jurisprudence have attempted to provide definition of the International Law in different ...Download file to see next pagesRead More
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(Henkin, 1987: 282). The controversy begins when the question involves whether or not the legal right of self-determination applies to communities and areas within an existing national state. In the past, according to Cop and Eymirlioglu, “the manner in which UN Charter conceives the right of self-determination is far from being directed to create a binding legal norm, but it rather constitutes the mere expression of a political principle (2005: 118).” However, in more recent developments, movements in international law have demonstrated an inclination towards recognizing that self-determination embraces a right to internal democracy for all peoples irrespective of the status of the terr
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As a result, humanitarian and other development organizations have been cautious about extending any form of aid to groups and individuals because of the legal ramifications of their assistance. However, all forms of aid have been placed at risk, even those which may genuinely be meant for development assistance and activities for developing countries.
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