International Law

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The Role of an Individual in International Law Student`s name: Institution of Learning: The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases. However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get justice mostly in situations when the national legislation…show more content…
What is critical to note is that state sovereignty is far much different from individual sovereignty. State sovereignty is more concerned with the formation of a state after the struggle for independence, while individual sovereignty is a result of struggles for recognition of various human rights of individuals, whether nationally or internationally. Therefore, individual sovereignty leads to respect and recognition of the individual, which is the fundamental maxim of any modern day society. Legal positivism has various features that are critical in any legal system that forms its basis on the rule of law. However, law – especially – international law is not static, complete or unequivocal. The law keeps undergoing changes to enable it fulfil the social function of the community. The modern day international legal order has a system of values that have the backing of majority sovereign states. Treaties like the Universal Declaration of Human Rights, UN Charter, and other treaties for peaceful resolution of disputes express the system of values of international law.[5] However, it is essential to note that international law is not the source of these values. International law has incorporated these values for the assurance of the treaties. Principals of humanity and justice form the foundation of the entire legal system. Elementary considerations of justice form the echelon of
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