Customary International Law : Customs

Marine Corps customs and courtesies are very important to the way the Marine Corps works. They are intended to reinforce discipline and the chain of command, showing how Marines will treat their superiors. They also enhance esprit de corps and unity. This is what makes the Marine Corps the brotherhood that it has become.

Over one hundred and eighty sovereign states are members of the United Nations and they have different constitutions. Some have to provide for a federal structure, in others although unitary, include different legal systems within the one state. The disparities between constitutions deals with momentous ethnic, linguistic and religious considerations. Their vagueness requires a prudent imposition on what ?is? and what ?ought? to be the law. The premise of this piece is on Global Administrative Law, with an exegesis on critical legal studies.

In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this promotes peace and equality internationally.

According to constructivism “The world of international relations is not just the world of material capabilities and materialistic opportunities it is also a social world”. Constructivists believe that actor states are occupied with both normative and material factors. They do not deny that the material world shapes their structure, but they believe that through reflections and discourse, actor states are malleable and influenced by each other. Constructivism thus deals with the process through which principled ideals become social norms. In being so, constructivism becomes a critical component for the international recognition of a state. This becomes crucial for actors, as the internationalization of social norms will ensure compliance over external pressure. Thus, democracy promotion can be subsumed under the socialization and internalization by actors. The persistence of democratic international institutions after the cold war as well as the mass identification of states as democracies and the absence of a strong alternative political ideology have contributed to a process of socialization promoting democratic cooperation. Therefore, after the Cold

In the international community, a country’s domestic policies may often interfere with that of the community’s wishes. Throughout the Cold War, there was often tension between a country’s autonomy and the wishes of a particular sphere of influence or international body. Despite the great assistance in the attainment of human rights and attempts at peace, often greater conflict occurred due to this interference in each country’s domestic policies rather than serving their original purpose. Although international influence and control promotes singular agreements and policies, countries should be allowed to remain completely autonomous within their domestic policies in order to maintain peace, encourage diverse policy, and allow for independence internationally.

Every business organization has a social responsibility in ensuring that the environment it operates in is protected. Many companies have identified that they have a major role to play in protecting the natural habitat and ensuring that business is not only about making profits. Some organizations are setting aside funds that are developed in the protection of the environment while other organizations are setting a tree-planting day as part of their annual calendar. Companies have legal and ethical responsibilities that guide the organization in making sure that the environment is taken care of. The natural resource depletion and the environmental pollution have led to conservation groups setting rules that govern the company in utilizing natural resources.

Taking this into consideration, dealing with external activities of a state, international law has extensive latitude. In Article 38 (1) of the Statue of the International Court of Justice, the following sources of international law are acknowledged: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) ... judicial decisions and the teachings of the most highly qualified publicists of the various nations, subsidiary means for the determination of rules of law (36). Sources having a technical meaning related to the law making process and must not be confused with information sources, research sources or bibliographies on international law (35). Rules expressed and recognized by consenting states are referred to as treaties and/or conventions. Treaties are codified agreements established by consenting states as means of resolving a dispute or to recognize mutual interests. Since treaties are codified, they are favored over customary law; therefore, becoming a vital part of building a more stable foundation for international law. States are required to meet their international obligations as well as formulate efforts to

This article also examines the meaning and implementation of universal jurisdiction. For no sanction mechanisms have been created to induce them, without their consent, to abide by their obligations, until now only the goodwill of states could be relied on to guarantee their implementation in good faith. Before ending with some possible remedies to minimize potential

In the international arena, there is no hierarchical rule to keep states in line or behaved; meaning that the international system is constantly in anarchy, aka the state of nature. This lack of rule enforcement puts states in a constant state of war, in a constant state where they need to stay on guard and in a tactical advantage otherwise the safety and well being of their state will be in jeopardy. In this scenario, the state’s number one priority is to protect itself and act in its self interest when need be, despite if it would typically be deemed immoral. (Donnelly 20)

The problem with insisting on common worldwide standards is that local customs in foreign cultures may be trampled

Article 2 emphasizes the rudimentary importance of sovereignty in international law as almost absolute. This belief has been further demonstrated in General Assembly Resolutions. Resolution 2625, accepts the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Amongst other considerations, it confirms the importance of the Charter and sovereign equality. General Assembly Resolution 3314, defines aggression and calls upon members to refrain from aggression as well as other uses of force that would not be in compliance with the Charter. It also reinforces the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States. Declaration 42/22, the approval of the Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations, once again reaffirms the importance of non-intervention, the importance of peaceful relations and the necessity for peaceful means to be used in conflict resolution because a) the risks and concerns associated with conflict and more importantly in this

What are the requirement(s) found in the U.S. constitution governing the President’s ability to enter into treaties with other countries, i.e. international legal agreements?

Norms are expectations of behaviour and a vital part of the international community (Finnemore and Sikkink, 1998, 887). In the anarchic system of international politics, norms can provide stability and unity due to certain expectations, as well as implement change when norm shifts restructure the international community (Finnemore and Sikkink, 1998, 894). Therefore, the process that enables a norm to be accepted internationally is an important one to analyze and understand. In order for a norm to become international, the most important factors are shared moral assessment and hegemonic acceptance of the norm.

The purpose of this assignment is to discuss the creation and application the case law resulting from the decision in Donoghue v Stevenson . This decision is often cited in relation to the tort of negligence and a duty of care. As such it could be misunderstood as being the preeminent case for the principles of negligence or duty of care alone. It is however the landmark precedent case for the tort of negligence outside of a contract when taking into account ‘duty of care’ and the ‘neighbour priciple’.

“It needs to be noted that the circulation of policy ideas often takes place against the backdrop of a range of international and regional settlements, both formal and informal. These settlements are expressed in terms of consensus and conventions, and involve agreements and commitments that expose national policy practices to external dictates and scrutiny” (p. 86).