International Organisations Act Independently of States in the Development - Assignment Example

Question 1 The globalized era is witnessing the use of modern technology which has opened up even the remote villages to the rest of the world. Despite the different cultural, linguistic, religious, political and economic differences which exist between nations it has become a common phenomenon to speak about an international community which has given birth to international law. Unlike, domestic law international law covers a wide range of subjects and issues ranging from security, diplomatic relations, trade, culture and human rights. Since, there is no single legislature which dominates or determines the rule which has to be implemented so it has become imperative that rules are developed based on the different perspective and legislation. The paper thereby looks to evaluate the different sources of international law and brings the different reason for its development and the role it plays after the Second World War. The fact that there is no world government which doesn’t provide the opportunity to have a world Congress or a Parliament which will make international laws like the ones made in the domestic arena. This increases the difficulty in making international law and including and excluding the different areas becomes a topic of discussion and concern. Despite, the different difficulties the different principal treaties between States are treated as authoritative statements which represent the international law (Danner and Bernal, 2004). Treaties are considered one of the strongest and influential methods for international law as treaties are signed between nations after their mutual consent. This is supported by the stature of the International Court of Justice, whose rules are found to be customarily being used in state practices, domestic judicial system, legal structure and are a principal for laws formulated in different regions. This thereby helps to develop the basic framework based on which international laws are governed. Treaties is a common phenomenon for entering into international law as treaties are signed between countries where the different agreements are entered in writing and is signed by both the parties. Since, the written provision of the treaties is binding on both the parties it acts as a law which has to be followed by both the parties signing the agreement. Treaties are entered in different directions like North American Free Trade Agreement which has been entered to facilitate trade. Similarly, Nuclear Non Proliferation Treaty is being entered with regard to nuclear weapons. The different treaties bind the economies to work in a predetermined manner. The treaties are entered either between two nations or more than two nations and have the different rules regarding enforcement, arbitration and legal action or they can even take the help of International Court of Justice (Law. 2013). Since, after the Second World War economies have grown their nuclear capability and another war like situation could lead towards widespread destruction it has thereby made it mandatory that organizations aim and look towards having an international law which governs and directs them. This will act as a mechanism through which better decisions can be taken so that treaties can be entered between nations so that better rules are formulated which helps to take control of the working scenario. Customary International Law is another area which is difficult to develop as ascertaining the different provision of the law is easier compared to build due to the presence of the agreement in the treaty. Customary International Law is developed by States which helps to determine the path based on which economies have to perform and not acting the predetermined manner will lead towards an illegal act (The Law. 2013). Even, if the rules pertaining to Customary International Law is not written then still it binds the different economies to act is a manner so that their actions are considered legal. For example, it has been identified that thousands of years ago ambassadors who represented a different economy were not harmed and given protection. This was applicable even if the country was at war with one another. Economies ensured that the ambassadors were protected which is still a continuing phenomenon and falls under the purview of Customary International Law. This rule is not written anywhere but all economies follow it and ensure that they act in a manner so that their actions are considered legal. Similarly, throughout modern history it was considered that intentionally killing civilians during wartime is illegal and economies refrain from doing so. The killings of innocent civilians hasn’t been written anywhere under the Customary International Law but is universally accepted by all economies. This has thereby developed as an international law which binds upon all economies and all economies further ensure that the actions taken by them is not considered illegal. The other source of law is the theory of natural law which argues that laws are developed based on the different institutional beliefs which consider some acts to be correct and other acts to be wrong and incorrect. The general principle of the natural law are recognized by nations and legal beliefs and system based on which the legal system within the economy is developed (Chibundu, 2012). Using the same framework a system is developed for the international community so that economies after the adoption of the international law and are able to reduce the shocks which arose after the Second World War thereby helping to ensure better governance. For example most of the legal system considers good faith and it intends to ensure that the judicial system acts in good faith. Courts in different countries require that parties to the case act in good faith and consider the different issues while looking to decide on a matter. The fact that most economies recognize that good faith has to be considered while looking to take decisions regarding the judicial system is considered as an important implication for Customary International Law (Ricketson, 2007). This has thereby ensured that the general principles are considered as a legal binding and economies address the different issues properly so that international law can be properly developed. The other source of international law is judicial decision and legal scholarship where the subsidiaries act as a process of determining the rules of the law which will be applicable on the international arena. These sources are not considered international law but when coupled with other general custom of law it has helped in the development and implementation of an international law (Stewart, 2004). This has been aided by the different international conventions which have thereby helped to transform and bring the required modification through which better international law is developed. The importance of international law has increased after the Second World War as it has increased the concentration of power in a few hands. The world war shifted power in a few hands and thereby requires the need and formulation of international law. This will help to ensure that the developing and poor economies are able to develop a framework through which will preserve and ensure that they are not exploited. This will also act as a cushion which will be binding on all the economies and provide the required directives based on which they will have to act (International Law, 2013). The importance of international law has further increased after the Second World War because different international bodies were constituted after the world war. This was done with the intention to ensure that basic transformation is achieved in the style of working and economies are able to treat each economy equally. The development of international law has further provided the cushion through which bodies are able to act in a manner which will help to increase flexibility in the international arena and develop a framework through which better performance can be ensured. This has helped to ensure better sharing of power and having international law ensures that the developed economies don’t take any steps which will look towards putting extra pressure on the developing and poor countries (International Law, 2013). Despite the fact that international laws are developed with the intention of having a framework through better rules can be developed it is seen that still most of the power is controlled by the developed economies. This has affected the sharing of power and has increased the complexities through which international law is developed among the economies. The paper thereby looks to present the manner in which international law is being developed for the international arena and the different sources which have helped in the enactment of international law. This is further supported by the fact that the Second World War has increased the importance of international law and has helped in the development and formulation of different law which will be aimed at maximizing the value for all economies and developing the required platform through which mutual cooperation, economy and trade relation increases. References Chibundu, M. 2012. Sources of International Law. Retrieved on August 7 2013 from http://thinkafricapress.com/international-law-africa/sources Danner, R.A. and Bernal, M.H., 2004., Introduction to Foreign Legal Systems. Oceana International Law. 2013. What are the sources of international law? Retrieved on August 7 2013 from http://www.globalization101.org/what-are-the-sources-of-international-law Law. 2013. Sources of International Law. Retrieved on August 7 2013 from http://www.humanrights.is/the-human-rights-project/humanrightscasesandmaterials/humanrightsconceptsideasandfora/theconceptsofhumanrightsanintroduction/souscesofinternationallaw/ Ricketson, S. 2007. The Berne Convention for the Protection of Literary and Artistic Works : 1886-1986. [Brentford, Middlesex?] : Kluwer ; London : Centre for Commercial Law Studies, Queen Mary College. Stewart, R. 2004. International trade and intellectual property: the search for a balanced system. Boulder, CO: Westview Press The Law. 2013. Sources of International Law. 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