The Pros And Cons Of Erga Omnes

 To ensure that all concerns / complaints are dealt with in accordance with the

European states ended the Thirty Years’ War with the Peace of Westphalia (1648), which laid the foundations for a system of independent, competing states. They also mutually recognized their rights to organize their domestic and religious affairs and agreed that political and diplomatic affairs were to be conducted by states acting in their own interests.

The Treaty of Versailles states that all countries were to have "[a]bsolute freedom of navigation upon the seas, outside territorial waters". This meant that regardless of the economic, military, and/or territorial power that a country had or did not have, that it, as well as all of the other countries, had free and equal access to international waters and their resources. In the treaty, it also assures that there would be equal trading rights among the nations due to "[t]he removal, so far as possible, of all economic barriers and the establishment of an equality of trade conditions". This implied that there would be a fair and impartial trading system put in place to ensure that all countries had equal opportunities when it came to the distribution

This was a product of the 1930 conference that was convened by the League of Nations which was a body charged to restore international peace and security during the post first world war period. The conference was very instrumental in the clarification of issues that majorly touched on the element of nationality. The American states advanced further initiatives in various fields such as the convention on the rights and duties of states in the year 1933 something that many of the members in the legal profession termed as the canonical definition of state for legal purposes. In the same spirit, the American states also concluded conventions on civil wars, maritime neutrality, extradition and

6. The ________________ establishes economic policies and rights that should be ensured for everyone in the world:

* Treaties – Only STATES can produce. It is a form of an expressed agreement under international law, namely sovereign states and international organizations. Also known as a covenant, convention, exchange of letters, (international) agreement and protocol. They are a loose term for contracts where both parties are assuming obligations and if one fails, they can be held liable.

Objections to the presumption state that this rule was against the autonomy of the will of States and capable of subjecting them to the tyranny of “perpetual” treaties. A well-known passage of the Lotus case states, “[t]he Rules of Law binding upon States therefore emanate from their own free will”. This implies that as States are not obliged to enter into treaty obligations they must also not be prevented from leaving them. Moreover, law constantly evolves overtime to consider social needs. It is modified through revisions and hence the revised version of the treaty might become opposed to the interests of a State. For instance, it was vital for Senegal to denounce the 1958 Geneva Conventions on territorial sea and fishing, because Senegal had realized that these conventions “profited the wealthier, the better equipped and not the under-developed, the poorer”. Hence, in such circumstances it was imperative for Senegal

Earmarks are not entirely a modern invention. They have been around for more than two centuries. The first earmark was used in the Lighthouses Act of 1789. Earmarks are legislative provisions that direct previously set aside funds to be spent on specific projects. They are not extra spending, because the money appropriated is previously allocated for spending. Earmarks helped “grease the wheels of democracy” by giving leadership to induce rank-and-file members to cast tough votes (Schlesinger). This wasn’t their only purpose though. Earmarks also helped ameliorate one of the fundamental tensions of our republican democracy. They made it easier for lawmakers to balance national and parochial interests. Earmarks also served a multitude of other

An international convention that is used by which states and other subjects of international law, such as certain international group, run the matters of concern to them. The convention assume a difference of form and style, but they are all regulated by the law of agreement, which is part of customary international law. This agenda is a plan of action for human-kind, world and prosperity. It also seeks to build world peace in larger freedom. We understand that eradicating under develop areas in all its dimensions and forms, including extreme under develop areas, is the greatest world test and an indispensable urgency for sustainable development. All communities and all colleagues, acting in collaborative companionship, will administer this plan. We are decided to free the world from the tyranny of under

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

• a duty to act within powers, that is, to act in accordance with the company’s constitution

With the development of nation states in seventeenth and eighteenth centuries, sovereign nations started negotiating the commercial and trading rights with each other. These negotiations crystallised into formal bilateral agreements which served as a way to control and regulate state’s economic activity. By the end of the eighteenth century, nations without colonial holdings started to enter into new agreement to safeguard their economic interest in foreign countries. First such agreement (on the basis of John Adams’ draft model of treaty of alliance and commerce) was signed between US and France in 1778 named as ‘The Treaty of Amity and Commerce’. Later on referred as the ‘Treaties of Friendship, Commerce and Navigation (FCNs)’ these treaties

     After the tragedies of World War II, European leaders have made striving efforts to prevent such a catastrophic event from occurring on their continent again. The best solution seemed to be highly mechanized cooperation among the highest European powers to assure that future conflict, and perhaps war, could not arise between them. If all the states ran themselves in a manner cooperating with their neighbors, conflict could be avoided. To prevent other nations from not cooperating, treaties and institutions would have to be designed for each area of international interest such as trade, communications, security, and so forth. As the century progressed, more organizations, institutions and associations were

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

Early approaches to international relations can be found in the works of the Greeks and Romans. Plato and Aristotle, who wrote on the concept of war and the defense of the city-state. Partially as a result of the decline of the Greek city-states, the idealist concept of cosmopolitanism and world citizenship took hold. Roman scholars later developed the law of nations, which consisted of a body of legal principles and practices common to those societies associated with Rome. French writers, particularly those during the Enlightenment Era, focused on the roles of diplomacy, arbitration, and adjudication in the achievement of perpetual peace, and tended to prefer to achieve policies goals through trade and commerce rather than war (Dougherty and Pfaltzgraff, Jr. 2001).