Why Scottish Law Should Be Recognised By International Law

Fundamental to the Scottish legal system is discovering the truth. In Scotland, a defendant has to be presumed innocent until proven guilty . The burden of proof lies with the Crown, who must prove their case against a defendant beyond a reasonable doubt. From the very beginning of the criminal process - the arrests of the suspect - until the very end - the conviction of the defendant - the state are empowered with many rights, such as the power to detain , which assist them in reaching the truth. Although the state are provided with these rights, there are limitations placed on them in the form of the rights of the defendant, such as the right to remain silent or the right to defend themself either in person or through legal

International law is defined as a set of rules that countries follow in dealing with one another. Since there is no world government, there is no

3) Lawyers in the 17th and 18th centuries (called 'institutional writers ') wrote books setting out the principles on which Scots law is based. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations. Their authority is always less than that of legislation and case-law, and so the court must always apply the legislation or the binding precedent in the event of a conflict.

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

When dealing with the subject of universal jurisdiction there is a starting point that cannot be ignored. In practice there are still various international crimes that go unpunished despite the international obligation to prosecute those who committed them, though principle of universal jurisdiction is extensively discussed. Constraints of real politics or diplomacy clashed with the concept of universal jurisdiction. Political reasons have prevailed over legal reasoning in a number of cases.

International politics is a way for sovereign states to interact with one another in some by using either treaties or informal and recognized in practice only. There are many difficulties that come with international politics though some have different goals

“Ruling” Scotland, so to speak would not be any easy task. The issues that Scotland, and the rest of the world, face on a regular basis is perhaps at one of its highest points of the past few decades. It is crucial that world leaders help those who are in desperate need of help, by not turning a blind eye to the struggles that people throughout the world, and in Scotland, endure daily.

“It was instead offered continued union with the UK, but with another name. It was offered the same shoddy, unicameral devolved Parliament. The same bankrupt political parties. The same Head of State; the same currency; the same ongoing treaties; the same rotten banking & economic system” (Raeburn). Raeburn believes the status quo needs to be shaken and continuing the same practices are not truly change. Many Scottish people understood this. Voting “No” as not truly a gage of whether Scotland anted independence rather a rejection of continuing the same practices under a different name. That is not true separation. For this reason Raeburn and other critics believe that the independence vote will continue to fail until true change is sought after in order to create a thriving separate country.

If Scotland were to have its independence, one of the first political decisions they would make is whether or not to join the European Union again. Because England forced Scotland out of the EU, Scotland now has huge trade restrictions with the other members of the European Union. In addition to the trade restrictions, there are also restrictions on Scotland’s citizens traveling to other countries of the EU. Now they have to navigate myriad regulations just to travel to other countries in the Union. Another political decision Scotland could make would be to get rid of England's nuclear weapon stationed in Scotland. England chooses to put all of their their nuclear weapons in Scotland in the event that they go off. If they were to go off by mistake, Scottish citizens would pay the price, not English. The country that decides to keep nuclear weapons should be the one to assume the risk and responsibility of those

2. This international society has a law that establishes the rights of its members – above all, the rights of territorial integrity and political sovereignty.

In the year 2014, the nation of Scottish people within the United Kingdom were not satisfied with their representation in the British Government. A referendum was proposed by the newly elected Scottish national party (SNP) in an effort to form a new state, and send a message to the British that they were not pleased. Annabel Goldie, who was a leader of the party in favor of independence said the following, “More than ever Scotland needs a party which will stand up to the excesses of nationalism and bring reality to Scottish politics…We will be driven by one consideration: what is in the best interests of Scotland.” (Carrell) At the time, the issue was hotly debated and scrutinized by scholars and government

When trying to comprehend international politics, current events, or historical context, having a firm grasp on the various international relations theories is essential to understanding patterns when looking at interstate affairs. Realism, liberalism, constructivism, and marxist radical theory are used to provide a framework by which we can dissect international relations.

The crisis in Ukraine and Crimea’s recent accession to Russia are events that clearly highlight the underlying sources of conflict in global politics. While Russia sees its actions in Crimea as a “reunification” and the respect for the right of self-determination, the West views it as a threat to European security and a violation of territorial integrity. Crimea has been a debatable topic from the time it came under the control of the Russian Empire in 1783 during the reign of Catherine the Great. The justification then was similar to the reasoning being used by Vladimir Putin today. Catherine declared that she was protecting ethnic Russians in the region from the Ottoman Empire, much as Putin is claiming to protect Russians from Ukrainian

Under international law Russia’s invasion of the Crimean Peninsula is illegal as the Referendum held on the 16th of March by Russia infringed upon the

The next category is the nation public law- which involves the judicial process, civil rights, liberties and the importance of such terms as equal opportunity and due process in the United States. The following category is Comparative government which raises the same questions of politics, administration and law about other countries. Moreover, it also moves towards conclusion based on comparison between them. Finally, International politics deals with relations between the states and other international actors, such as multinational corporations, the United Nations and with the fundamental realities of power based on resources, wealth, military care and national security. All these may directly and indirectly affect our lives as citizens.