Introduction While a law is a set of rules that govern the behavior of people in a certain country or geographic boundary, International law is the law that governs the behaviors of states and other international persons. Because international law is applied at the international level, this analytical article will be different from the other law papers, it will not contain constitutional laws or other national laws as it applies. This article focuses only on the nature of international law,...
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Definition International law is a set of principles or norms in the shape of treaties and agreements which countries accept as binding with respect to their dealings with other nations. It defines the ways in which nations would interact with other nations, people and organizations. Introduction International law is generally categorized into two classes, i.e. Public and Private law. Public international law governs dealings among states including laws of seas, economy, diplomacy, human rights and global conduct etc. It is...
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Why has international law found it difficult to find a resolution to the Syrian conflict? In 2018, Russian and Iran supported Syrian government to recapture areas in eastern Ghouta in Damascus countryside and Daraa governorate. Syrian government used different methods to make anti-groups in these areas to surrender. In Syrian conflict for a particular time chemical attacks were taken place, the organization for the prohibition of chemical weapons (OPCW) was authorized to attribute responsibility for those attacks. ISIS and AL...
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The between relationship the United States and the United Nations has been bittersweet since the appointment of President Donald Trump into office. This essay is will advocate against the Trump administration withdrawal from the UN several bodies, specifically: the Human Rights Council and the World Health Organization by discussing the reasons and implications of such decision. Firstly, it will begin by defining key terms, secondly delve into the reasons why the Trump administration withdrew from the UN. Thirdly, his essay...
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Is international law Really a law? The most seen to; issue regarding those who study international law is whether or not it can be seen as ‘real law’. There are two different types of thoughts that can be perceived through this, one being from the realist view and the other from a liberal view. I will be looking at both then coming to a conclusion on whether or not I believe International law is really a law. To being tackling...
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Eurocentrism is under challenge in international law today.[footnoteRef:1] One may ponder what is eurocentrism. The term ‘Eurocentrism’ denotes a world-view that posits European history and values as “normal” and superior to others, thereby helping to produce and justify Europe’s dominant position within the global capitalist world system.[footnoteRef:2] In order to understand how eurocentrism had continuously affected the making of international law, we shall have a glance on the history of international law and its relationship with euro centricity. [1: A.A....
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Abstract The following study intends to analyze the evolution of theories regarding the recognition of states in international law. Whereas the Montevideo Criteria contains the legal requirements for statehood, recognition is largely dependent on the political will of the other states. The question faced by the contemporary international community is whether a state is held to recognize another if it meets the said requirements. While the Constitutive Theory insists that a state could only exist as an international legal person...
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Abstract This essay brings an opinion to 2 cases: Newcrest Mining (WA) Ltd v Commonwealth and Western Australia v Ward. The first case argues that Australian laws overlook certain fundamental rights that would otherwise be covered by interpreting international laws. Therefore, it should be incorporated into the interpretation process of legislation and the constitution. The second case dissents this to be more of a personal agenda and a potential breach of the separation of powers. If courts look to international...
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Introduction War is changing from conventional conflicts between nations to ‘small-wars’ as counterterrorism, counterinsurgency, ethnic and religious conflicts (Rochester, 2016, s. 10). The change is from interstate war to new wars involving nonstate actors and armed forces. The modern warfare post challenges to the United Nations (UN) Charter, the Geneva Conventions and other legal documents since they originated during World War II in an interstate war paradigm (Rochester, 2016, s. 5). The terrorist attack on 9/11 were a new type...
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In this essay I will argue that the operation of drones should be ban in international law. Drones in their general definition are unmanned aerial vehicles operated by a pilot who may be thousands of miles away from where the drone is flying. Originally, drones were designed as reconnaissance aircraft or in other words an exploratory military survey of enemy territory. However, as years go by, drones became armed and thousands of civilian people. The United States has two types...
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International Law Hugo Grotius was born on April 10, 1583 in Holland. He was raised in a family of well-educated people with ambitions. Grotius started reading when he was three years old and his mother prohibited him to read. When he was eight years old his brother died and that’s when he started writing poems in Latin to comfort his father. At the young age of eleven Grotius was admitted in the Faculty of Letter at the University of Leiden....
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Environmental law is a relatively recent idea that encompasses a wide range of topics such as climate change, energy sources, pollution, and corporate social responsibility. Sinha stated that environmental conservation cannot be realized without sufficient laws. Environmental education and raising environmental awareness are two vital ways to ensure that the environment is conserved for future generations. At the level of international conventional law, environmental measures have been provided for, expressed, and acknowledged as a framework for legislation. The European Union...
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Introduction to Domestic and International Laws Laws are systems of rules which are enforced in countries and states to control behavior. Domestic law is the name given to the law or legal system within a specific country, whilst International Law is the body of law that governs the relationship between multiple nations. These systems are created, applied, and enforced in different ways, however, they have similar functions and interact to influence each other through manners such as treaties. Although, there...
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Transnational policing is most frequently quoted as a solution to organized crime. Organized crime is a global phenomenon beyond the scope of any one agency or jurisdiction to deal with alone. So cooperation, international law enforcement, mutual legal assistance and transnational criminal investigation and knowledge or information helps to control the risk of such crime across the world. The capacity to communicate around the world has radically increased through personal computers and mobile telephone and opens up new possibilities for...
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ABSTRACT This paper focuses on the major problem of refugees and analyses the Principle of Non-refoulement in this regard. The paper focuses on the nature, scope and history of this principle. It also indulges into whether non-refoulement can be treated as a jus cogens norm by going through the criteria that have been laid down by the International Law Commission’s Report on Jus Cogens. The paper also deals with whether the principle casts a strenuous obligation upon states by looking...
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