'Modern developments in International law have weakened the notion of state sovereignty.' Discuss

Modern developments in international law have seriously weakened the notion of state sovereignty Public international law is the highly debated yet inevitable body of law that governs interactions between nation states. It is not law in the conventional sense of the word or according to Austin's definition of it as a set of rules backed up by sanctions that are enforced by an illimitable indivisible sovereign.1 This is because there are problems with the enforceability of Public International Law. However, the existence of some sort of international framework is inevitable as Lowe points out because: 'International co-operation is necessary, and international law is the framework within which international co-operation takes place.'2 The two main sources of public international law are treaties and customs. Treaties are international agreements ratified by the governing bodies of the nations, whereas customs arise by virtue of long-standing common practice. In this essay I will examine if and how this branch of law has weakened the notion of state sovereignty. State sovereignty can be defined as: 'the supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived'3This covers the freedom to enter into conflicts, to legislate freely and be the highest source of law. Recent developments in public

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  • Level: University Degree
  • Subject: Law
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Australia's Contribution to Environmental Law and Climate Change.

AUSTRALIA'S CONTRIBUTION TO ENVIRONMENTAL LAW AND CLIMATE CHANGE BY SARAH BONE INTRODUCTION: Climate change is considered to be among the most serious threats to the sustainability of the world's environment, the health and well being of its people, and the global economy. Therefore it is essential that relevant government authorities take the appropriate actions in order to prevent further climate alteration. This paper will focus upon the attempts made by the Australian Government to ameliorate the impacts of climate change by committing the nation to a number of international instruments. These active tools include instruments such as the Intergovernmental Panel on Climate Change (IPCC), the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Montreal Protocol, all of which are aimed at solving the problem of climate change. It is hoped that this paper will explore the international obligations associated with the application of these instruments in relation to Australia's commitments and contributions. Instruments for environmental and natural resource management can be defined as administrative mechanisms adopted by government agencies to influence the behaviour of those who value the natural environment, make use of it, or cause adverse impacts as a side effect of their activities1. In response to climate change, the

  • Word count: 2114
  • Level: University Degree
  • Subject: Law
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Is there a future for the principle of self-determination in international law in the post-colonial world? Ever since the principle of self-determination entered the lexicon of international politics during World War 1 the precise meaning

International Law 1 (257) Assessed Coursework Naveed Ahmed Is there a future for the principle of self-determination in international law in the post-colonial world? Ever since the principle of self-determination entered the lexicon of international politics during World War 1 the precise meaning and scope of this elusive concept has been the subject of inexorable debate.1 For whilst the idea lends itself to simple formulation in words which have a semblance of universal applicability and perhaps of revolutionary slogans when the time has come to put it into operation it has turned out to be a complex matter circumvented by limitations and caveats.2 At its most basic level "self-determination is the idea of a community's right to control its own future, and thus physically survive and prosper in fullest extent possible."3 It is correct to suggest that the concept of self-determination was originally viewed as a political ideal rather than a rule of international law closely linked with President Woodrow Wilson.4 In reacting to Bolshevik initiatives and wartime exigencies Wilson famously proclaimed the principle of self-determination as a central element of peace basing his conception on the liberal notions of self government, consent of the governed and democracy.5 As a consequence of the inconsistent manner in which this notion of self-determination was applied following

  • Word count: 4240
  • Level: University Degree
  • Subject: Law
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Unilateral use of force.

Unilateral use of force Aysha El-Kaddah International Law Suzanne Granfer There has been a long history of measures, proposals and ideals put forward to regulate or justify the use of force. This is due to a recognised presumption that the use of force is illegal and might be recognised as a jus cogen. The prohibiting on the use of force is condemned as contrary to international law unless it can fall within some of the exceptions that both states and organisations have put forward as justifications. Perhaps the first attempt to regulate the code of practice with regard to the use of force was initiated by the League of Nations whereby Article 10 enforced an 'obligation by members to respect and preserve as against external aggression the territorial integrity and existing independence of all members of the League' and unless all the measures specified in Art 11 - 17 were exhausted, war should not be resorted to. Independently of the League, certain Groups of States were concerned also to establish the illegality of conquest and the General Treaty for the Renunciation of War 1928 highlighted this aim, and was seen as consolidation of customary law and some would argue the background behind the UN Charter. The General treaty made reservations relating to Self-defence and the reservation for collective self-defence which can be said to have been acknowledged by Art 51

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  • Level: University Degree
  • Subject: Law
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Law in a Global Context.

Law in a Global Context On the 12th August 2008, the Georgian government made an application to the International Court of Justice (ICJ) on the basis of the Convention on the Elimination of All Forms of Racial Discrimination. Fundamentally, it followed the outbreak of violence involving the Russian and Georgian armies, and separatists groups in the South Ossetia area of Georgia which lasted 5 days in August 2008. The basis of the essay is to consider the facts as a Counsel arguing in favour for Georgia, based on the assumption that the ICJ has jurisdiction, on the legal claims of breaches of international law by Russia under the Article 2 of the UN Charter of aggression, and International humanitarian law for war crimes. On the other hand, it will also consider the counter claims made by Russia of violations which were the right to life in international human rights law thus involving a right to protect the lives of your own citizens abroad; and International humanitarian law for genocide and war crimes. Summarising the facts, the contradiction between Georgia and Russia had occurred when a series of clashes between Georgian, Russian and South Ossetian forces including clashes in Abkhazia, and Russian attacks on other parts of Georgia. It had been said that Russian forces occupied parts of Georgia adjoining South Ossetia, including the town of Gori and the Russian

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  • Level: University Degree
  • Subject: Law
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To what extent is the principle of good faith in contract law a basis for convergence between English law and other jurisdictions?

Transfer-Encoding: chunked Y3844500 To what extent is the principle of good faith in contract law a basis for convergence between English law and other jurisdictions? Is convergence desirable? To begin it is necessary to define both good faith and convergence as they apply to legal theory. Good faith has a wide variety of legal definitions (an issue that will be touched on later, as it is problematic to compare a concept with no universally accepted definition), ranging from the more abstract found in statute,“honesty in fact and the observance of reasonable commercial standards of fair dealing”[1] to attempts to practically clarify the term in case law, “avoid cynical resort to the black letter of the law; observe reasonable commercial standards of fair dealing; be faithful to the agreed purpose of the agreement; and act consistently with the justified expectations of the other party”[2]. The concept of convergence theory postulates that one consequence of globalisation is that industrialised states will begin to converge socially and economically, and this results in a desire for laws to converge to facilitate international trade[3]. This essay will examine the principle of good faith in a number of European common and civil law jurisdictions to assess its development and the extent it could form the basis for convergence, before considering if such convergence

  • Word count: 2482
  • Level: University Degree
  • Subject: Law
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Ukrainians forced to cross border for work

Ukrainians forced to cross border for work Summary After Ukraine has been hit by the economic crisis many Ukrainians lost their jobs and travel in other countries to find a new job. Many Ukrainians want to travel to Poland but after Poland joined the European Union it is difficult to get a visa. Personal Comment I found the article on the Financial Times online webpage I find the article quite interesting. It is a good example about the outcomes of the financial crisis. A lot of people lost their jobs and have only small chance to find a new. I also find quite interesting the link to the board situation of the Europe Union and to the neighbor countries of them. I cross the border from Germany to the Netherlands usually twice a week and have never thought about it. I think the article is really good to illustrate an example of an advantage of the Schengen Agreement and the European Union. I think the connection between this article, the lectures Macro Economics & Law and the literature I have read for the course is the topic of free movements of persons. In the article you can read about the Schengen visa-free zone. The Schengen Agreement provided for the removal of systematic border controls between the participating countries. The first member states were Germany, Belgium, France, Luxembourg and Netherlands and was signed in 1985. The agreement is named after the town

  • Word count: 441
  • Level: University Degree
  • Subject: Law
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The United States Reluctance to abide by International Law

Examining the International Criminal Court and the Opposition from U.S.À Noor Sharif 00742660 Paper submitted to: Professor James Milner PSCI3600B March 1st, 2010 INTRODUCTION The International Criminal Court (ICC) was established on the 17th of July, 1998, through the adoption of the Rome Statute of the International Criminal Court1. The Court came into fruition in July of 2002 by obtaining the required signatures from 60 different nations from around the world2. The function of the ICC is to try and punish individuals who have committed the most serious crimes against humanity and have violated human rights3. It is designed to bring to justice the criminals who have avoided the eye of the law as a result of their national justice system failing at the task. The ICC is an independent international court with its own legal capacity, created and governed by its own treaty. It is not administered by, nor paid for through the U.N., rather, it is financed by, and accountable to only those states that have chosen to ratify the ICC Statute4. The power and jurisdiction of the ICC is granted by the Rome Statute of the International Criminal Court. The Rome Statute is an international treaty, binding only those countries which formally express the consent to be bound by its provisions5.Another purpose of the court is to give future victims of aforementioned crimes some

  • Word count: 4328
  • Level: University Degree
  • Subject: Law
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Jurisdiction Unresolved

The Factortame Litigation: the death of the UK's sovereignty Executive Summary The shockwaves rumbled through the UK as the Factortame saga continued. The Independent Newspaper headline read 'EC "rewrites" British Constitution'.1 While The Times carried the heading 'Landmark Ruling Gives EC Power over UK Law'2. The Factortame litigation comprise a series of judgements which began in May 1989 and ended November 2000, though it was the judgements of 19903 and 19914 that produced the most significant impact on a constitutional level for the United Kindgom. It is during this saga that the primacy of EC law was made abundantly clear as it followed on from Van Gend en Loos5. The Statutory Provisions in Question The UK LAW . Merchant Shipping Act 1894 - The Act gave virtually no restrictions to fishing in British waters 2. The European Communities Act 1972 3. Part II of the Merchant Shipping Act 1988 and Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 (S.I. 1988 No. 1926) - Severe restrictions where passed regarding fishing in British waters which oustered the Spanish vessels (and others) from its waters The EC LAW . Article 7 - Forbids discrimination on the grounds of nationality. 2. Article 58 - Same treatment as nationals 3. Article 221 - Equal treatment of all nationals of the EC The Facts The applicants in the Factortame litigation

  • Word count: 1928
  • Level: University Degree
  • Subject: Law
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THE USE OF FORCE IN THE INTERNATIONAL COMMUNITY

THE USE OF FORCE IN THE INTERNATIONAL COMMUNITY From the beginning of time, conflict between individuals has been the primary reason for the rule of law, rather than that of an arbitrary nature. The statement made by Cassese above refers to both a charter created by states to control the use of force in inter-state relations, and a corresponding customary law. When treaties similar to the United Nations Charter (henceforth UNCH) are created by a number of contracting parties, customary law exists along side it. Although, treaties are only binding on contracting parties, customary law is binding on all states unless regional custom or persistent objections show the contrary. 1 Hugo Grotius, the 'father' of international law in the seventeenth century stated that '[I]t be lawful to kill him who is preparing to kill'.2 If the words used by Grotius were evaluated then one would realise that the use of force is to be at all costs the last resort. At a certain stage during the development of international rules, States were permitted to resort to war, or to use force short of war in order to achieve their aims.3 This is both a prominent and controversial area of International law; some selectivity is necessary to critically evaluate the statement made by Cassese. This essay will be concerned with the legality of the use of force under international law (jus ad bellum, refers

  • Word count: 4259
  • Level: University Degree
  • Subject: Law
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