The Pros And Cons Of International Law

Both domestic and international measures are somewhat effective in dealing with international crime. Both crimes against the international community and Transnational crimes represent both positive outcomes in dealing with international crime, thus, exemplify issues in key areas. Through intergovernmental organizations such as the International Criminal Court and Operation Sovereign Borders (OSB), international crime Is effectively dealt with. Hence, problems such as extradition and people smuggling are hard to contain. These four issues will also be discussed in light of key effectiveness criteria, including equality, access, resources and the protection of rights.

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.

There have been a number of instances in which the United Nations is not effective in enforcing international law. They are not successful as states are able to decline the authority of the International Court of Justice to hear the case. This

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.

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

The book Rough Justice clearly explains the struggle between power and justice in the realms of international law. The international criminal court was established on the principle that all the perpetrators of crimes against humanity, war crimes, and genocides should be subjected to investigations irrespective of ethnicity, nationality or political affiliation. The ICC was also expected to operate fairly in an international legal and political system. The international court is also required to operate in a straightforward manner without portraying any favoritism. The states were also required to avoid the actions of ICC if they wished by not ratifying the Rome Statute: thus, voluntarism remains an important principle of the international law.

this essay I will attempt to examine and analyse the effectiveness of international courts and

The International Criminal Court (ICC), created in 1998 (Thayer and Ibryamova 2010), is responsible for investigating and prosecuting the most extreme cases, including crimes against humanity, aggressive crimes, war crimes, and genocide. The credibility of this institution, however, has been compromised due to the United States revocation of support and membership. Initially it is important to recognize the arguments against the United States becoming a member state of the ICC and what precipitated the U.S. withdrawing its signature from the document that instituted the Court. Once this has been established, addressing and refuting these objections will develop the arguments in favor of ICC membership. Finally, this analysis will lead to

This paper will clearly lay out the Unites States concerns with the International Criminal Court and will attempt to resolve them. I will then argue that no country has the right to be above international law, including the United States and that it is in the best interest of America and the world community for the united states to join the efforts of the ICC and sign the Rome Statute.

Basically, Ratner discusses how we have two challenges: how to make universal rules legitimate amongst a community of diverse nations and how to make these rules effective in the absence of a governing authority. He then goes on to explain how there are four fundamental shifts in these kinds of issues. New Forms, New Players: Rules of international law used to reside in treaties or customary law, but as new domains from the environment to the internet become appropriate for international regulation, states become unwilling to embrace strict rules. Soft law enables states to adjust to the regulation of new areas without fearing punishment upon failure to comply. New participants are making demands

To support my argument, I will first discuss the evolution of international criminal justice and the ICC. Then I will address my three subsidiary arguments. First, I will argue that the International Criminal Court is effective because it increases accountability of human rights violators. Secondly, I will argue that the existence and use of the court increases disapproval and deterrence which protects human rights making the ICC effective. Third, I will argue that the International Criminal Court is effective because it allows for a universal standard of acceptable and unacceptable behaviour as well as transcends and empowers national jurisdictions. Finally, I will address the counter argument and conclude.

In the pursuit of positive peace for the global community, certain mechanisms are necessary in order to better protect human rights and resolve interstate conflicts. Prior to the events of World War II, a cogent set of laws defining those human rights, much less violations therein were never heard at an international scale. The International Criminal Court has the role as both appellate for justice and voice for peace in the international community but has not yet resolve the contradictory ends of both roles. That contradictory end is that many countries proclaim the necessity of the International Criminal Court as an advocate for conflict resolution and peace advocacy while being resist or outright antagonistic towards the court when their own state has committed those same crimes. To the ends of defending basic universal rights, the International Criminal Court (hereafter ICC) serves that capacity when state level systems cannot or will not act accordingly.

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

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 United Nations is widely regarded and respected as the most powerful institution that promotes international cooperation and human rights action. In theory, actions implemented by and within the United Nations are based on the mutual global goal of protecting international human rights and preventing human sufferings. These actions are constituted through three main mechanisms: the Treaty-based system, the Human Rights Council, and Security Council and Humanitarian Interventions, with the level of confrontation and seriousness in each mechanism increases respectively. While aimed to serve the mutual goal of protecting human rights over the world and have shown some successes, in a world of sovereignty, actions when implemented are in fact grounded by the national interests of each state, including embracing its national sovereignty, concreting its strategic relationships with other states, and enhancing its reputation in the international community. This paper will analyze the successes and failures of each of the three mechanisms of the United Nations regime, through which it aims to prove that when it comes to actions, states focus more on their national, and in some cases, regional interests than on the mutual goal of strengthening human rights throughout the world, thus diminishing the legitimacy of the whole United Nations system.