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When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts.
This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence. Unlike municipal law, international law is a horizontal system designed to deal with the external interactions of states between each other; whereas municipal law represents a centralized system with various institutions. In the eyes of international law, states are recognized as being sovereign and equal, although in reality some states are more powerful than others. Therefore, dealing with states of equal statue makes it difficult to force a state to behave in a particular manner. Municipal law on the other hand behaves as supreme law of the land and people of various states suffer penal consequences for not adhering to the established law of the state.
In the international arena agreements are made and states uphold these agreements which they have consented and expect other states involved to do like wise. In effect, what distinguishes the rules and principles of international law from mere morality is that they are accepted in practice as legally binding by states in their intercourse because they are useful to reduce complexity and uncertainty in international relations (Malanczuk 6 - 7). As mentioned previously, municipal law is mainly concerned with state internal affairs, whereas international law pertains to the external dealings of states with one another. 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 bring their municipal law into agreement with international law.
States can not use their municipal law as a means for denying fulfillment of their international obligations. For example, the Free Zone case where France attempted to use its internal legislation to nullify an international obligation agreed to in the Versailles Peace Treaty (1919). The Permanent Court of International Justice said: It is certain that France cannot rely on her own legislation to limit to the scope of her international obligations (Malanczuk 64). No specific method has been established for states to follow for bringing their municipal law into harmony with international law. Several states require legislative action if a treaty conflicts or requires a change of existing municipal law. In the United Kingdom (U.
K. ), the Queen has the authority to make and ratify treaties on the advice of other officials such as the Prime Minister. However, if a treaty requires a change to English law, it becomes necessary to pass an Act of Parliament to bring English law in accordance with the treaty. If an Act of Parliament is not obtained, the U. K. is bound by the treaty as far as the international arena is concerned and accepts responsibility for the consequences that may arise as a result of not complying with the terms of the treaty. Likewise, the United States (U.
S. ) accepts treaties ratified in agreement with the U. S. Constitution as automatic municipal law. International agreements are carefully reviewed to ensure they do not violate the Bi Il of Rights or other U.
S. Constitutional requirements; those in violation cannot be implemented internally. Nonetheless, states have the right to modify a treaty to bring it into compliance with its internal laws; Article 2 (1) (d) of the Vienna Convention defines a reservation as a unilateral statement... made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (133).
Customary law refers to the general practices of states that have come to be accepted as law. How is general practice defined? Observing a states actions during international meetings, newspaper and television reports of a states actions, governmental decisions made by states, and a states daily practices can reveal the customs of various states. Just as much can be determined by ones individual choices, actions, and character; the same holds true for states.
Despite the fact that all rules of international law are not as concrete as critics feel they should be, states acknowledge the need to comply with international law. For instance, it is not necessary to codify that foreign diplomats should not pay custom duties, but simply instructing custom officers not to levy customs duties on the belongings of foreign diplomats keeps the state in compliance with international law (71). No state, not even the most powerful can exist for long without interaction with the outside world; other states. The post war period after World War I and World War II, state leaders came to the realization that international forum was needed.
Furthermore, this forum needed the authority to make binding decisions; especially, in the arena of maintaining world security. World security and environmental issues such as the thinning ozone layer are issues that a single state can not handle alone. Under the leadership of the United States and Great Britain, the United Nations (U. N. ) was birthed upon the adoption of the U. N.
Charter. Unlike some present day notions, the U. N. was developed to cater to a real need not an ideology; the idea was not to create a centralized international authority, but collectiveness among states for the greater good which extended beyond any individual state.
Although a state can not be sentenced to prison time, international community eyes are watching and taking note of wrongs committed against fellow states for future reference. Punishments for an uncooperative state in violation of its international obligations include: Retorsion, a lawful act which is designed to injure the wrongdoing state for example, cutting off economic aid. Reprisals, acts which would normally be illegal but which are rendered legal by a prior illegal act committed by the other state. The Merriam Webster dictionary defines a society as a part of a community bound together by common interests and standards. The argument selected for this essay: it is impossible to have an international system of orderly and stable relations between states without international law. Thereby, international law is a fundamental requirement of a modern, increasingly interdependent, global system of states and non-state actors.
Some argue that interdependence is not the proper term to describe the current international system; instead they prefer the term interconnected. The argument claims that only transactions are exchanged among states via advancements in technology. On the contrary, are rules not needed for the conduct of transfers to determine the equality of the currency or mediums being exchanged; does not the mere essence of exchange require consent; therefore, establishing a general practice? Corporations such as Nike, Honda, McDonalds, General Motors, Disney, and many others have ventured into foreign regions seeking opportunities beyond those offered by their home states.
Such maneuvers require much more than the transfer of transactions. Corporations going global are not only faced with cultural differences of the foreign land, but are subject to the states internal law as well as the nationality principle which bounds them to obey rules of their homeland. Likewise, foreign states accepting aliens must treat them fairly or be guilty of breaching international law. Moreover, globalization is on the rise in the twenty-first century.
Companies like the potential profits and other benefits associated with putting aside differences for the sack of common interest and its rewards. Chaos in such situations is ineffective; order is needed to develop a system which benefits the best interests of all involved parties. People as well as states are happy when their needs and desires are met; it is when states feel threatened that they become uncooperative. The deduction made that a society, even if society of states can not exist without laws for governing the society any relationship whether two people or two nation-states, involves compromise.
Even since the beginning of mankind, Adam and Eve, the union of the first society required rules; they were not free to fulfill their hearts desires, but to serve a higher purpose. Works Cited Peter Malanczuk. Akehursts Modern Introduction to International Law. London: Routledge, Harper Collins Academic, 1997. Society. Merriam Webster Dictionary. 1997.
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Research essay sample on Merriam Webster Dictionary International Law
