International Law Writing.edited
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To what extent is international law made by states, and is it for states? Discuss.
Introduction
The intricate fabric constituting international law remains the pillar of global leadership and diplomacy. Sustaining peace and ensuring cooperation between states is crucial as it keeps order. The core argument on this issue deals with the background and essence of international law. How much of international law is made up of states, and is it primarily meant to benefit these states? It depends on many aspects since international law is a fragile compromise between
states' rights regarding self-determination and universal good. The article seeks to unravel as far as states can be responsible in the quest for a universal justice on making, interpreting and implementing law internationally. It provides details about the nature and significance of international law, implications of going beyond mere self-interest, as well as the involved complications and complexities. All aspects of this paper will utilize case studies and example situations that expose the tension between national interest and a global objective of justice in world affairs. In some cases, it's the clash between state sovereignty, international organizations, and non-state actors as they struggle for their place concerning the developing rules of international law. With the global complexity of human rights violations, ecological catastrophes, and trans-state wars, can we measure the interaction between state interest and building a better planet? Finally, the essay will present an overview of what international law is all about, how it has evolved, and how well it has provided solutions to various global issues, considering the individual country's needs.
Background on International Law
International law is a very complex legal system formed to control behavior not only of the states but also of various actors of the global community. Treaties were agreements signed by
different city states in Mesopotamia and Egypt which also served as a foundation for the development of relations between them. However, it was not until the sixteenth and seventeenth century when the modern international law as we know it finally began assuming the current shape. Another early work that created a foundation for the development of international law is by Hugo Grotius’s (The father of international law) de jure belli ac pacis in 1625[1]. It should be noted that he believed some rules, principles of rights were inherent in people and were independent of national state legislation and traditions. There was no place they did not apply
including where one is located. This went against the idea of unrestricted state power, his ideas were opposite to that. They played a great role in establishing the basic fundamentals of modern international law namely, state equality, non-interference with other states, and the prohibition of
employing force against other countries.
One of the important events which laid a foundation of modern international law is Peace
of Westphalia in 1648 that marked the end of Thirty Years’ War. [2] This was an epitomization of developmental change from religious wars to diplomatic systems that respect sovereignty and territorial inviolability. This laid the foundation for fashioning a world state system with sovereign states as juridical and real personalities in international relations. In addition, crucial milestones in the development of international law include codification of laws of war, establishment of international organizations, and increasing treaty law. [3] Currently, there are many areas covered by international law like the issues of human rights, humanitarian laws as well as environmental protection and trade agreements. Its present evolution underlines new troubles and is determined by the changing shape of the international system.
The Role of States in Making International Law
States actively participate in international law creation in one significant way: by negotiating and concluding treaties and conventions. An international treaty is a formal agreement between countries where the treaty becomes a legally binding source of international law by ratifying it. [4] Therefore, states start and conduct business discussions through the treaties to promote various issues. For instance, the Geneva Conventions that define the rules of humanitarian law during armed conflicts are the product of negotiations carried out by states, thus underscoring the importance of states in the codification of international standards. [5]
Another mode through which states fashion international law is what is known as customary international law, which emerges from standard practices between states and opinions
Juris – the belief that a specific practice is a mandatory obligation. The repeated actions and ordinary meaning of states may result in the formation of customary international law. For example, as with customary practice, forbidding chemical weapons has become progressively more vital in recent decades because states take it as a rule and regard it as lawful. [6]
The formation of international law can only be done with state practice. It encompasses state activities, relationships, and decision-making on multinational issues. [7] This practice may often lead to the emergence of new legal norms or to explain already existing ones whenever
states consistently adopt a particular type of action. Border delimitation agreements and recognition of territorial autonomy demonstrate how state powers exercise their rights and duties within international law.
Many states also play an essential role in forming other international organizations. These
institutions often have both statutes and laws, which eventually develop into international law. For instance, states set up the United Nations for peaceful co-existence and reconciling differences between states. One of the early important documents that enunciated norms of behavior for national entities within the general community comprised the UN Charter. [8]
The Purpose of International Law
The objectives of international law include maintenance of peace as well as security, advancement of interstate cooperation, promotion of human rights, and check on the conduct of states’ actions. Firstly, the states vow not to employ any forms of violence. Secondly, the United Nations charter states that prevention of conflicts is premised on the centerpiece. Moreover, international law encourages inter-nations interaction for a stable basis of international cooperation regarding worldwide matters. It has at its heart international law, setting forth global norms regarding human rights that transcend boundaries of the state. In numerous fields, including armed conflict and business engagements, the conduct of states is regulated. States carry out transactions under a defined system in order to give foreseeable and harmonious relationships. Finally, it should be mentioned that the global law helps to maintain peace, justice and equity in order to support the current changes, always keeping its major goals.
Challenges to State-Centric International Law
The state-oriented dimension of international law increasingly reveals its limits, especially at such a globalizing world. Increasing global presence of such entities as multinational corporations, NGOs, and inter-governmental organizations presents a great hurdle. These groups possess considerable influence on global matters that are capable of altering accepted notions in interstate relations or otherwise. Furthermore, we have global issues such as global warming, terrorism, and pandemics that require common solutions across borders of various states. This paves way for a shift towards a multidimensional and comprehensive global law system which accommodates the needs of related stakeholders. Balance between state interests, global governance and justice, 10 it is a daunting task that calls for ongoing adjustments to international law, taking into account the changes in today’s world.
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Paris climate change agreement
The Paris Agreement, signed in 2015, is a benchmark agreement under UNFCCC to mitigate climate change. [11] It also illustrates how difficult it is for any state to find a proper balance between its interests and the need to resolve global environmental problems. The success
of this agreement depended on reaching a common understanding in almost two hundred countries with different economies and environmental impacts. This agreement highlights the need to incorporate the many disparate interests among states in pursuing a single target of lowering GHG release into the international law framework. [12] It highlights how international law can generate collective efforts towards global concerns despite discrepancies in states' interests.
The International Criminal Court (ICC)
The ICC, the very first permanent tribunal, was established by an international treaty to try offenders of genocide, war crimes, crime against humanity and aggression. [13] Nevertheless,
the way of functioning by the ICC challenges the traditional and stateless centralism international rule that posits its jurisdiction upon individuals irrelevant to state affairs. International law continues to grow as a body that demands accountability from states and individuals responsible for committing grave international crimes, including those who have held
leadership positions. States are instrumental in the effectiveness of the ICC since its investigations depend on them while their actions are guided by the standards embodied in international law. [14] These cases indicate the intricacies in international law that involve states'
interests combined with contemporary issues and non-state actors in need of flexible and consistent regulation.
Conclusion
International law plays a diverse role in tackling our linked world's complicated difficulties. It is founded on fundamental goals like maintaining international peace and security, promoting collaboration, protecting human rights, and regulating state behavior. While states continue to be fundamental to formulating and implementing international law, the dynamic landscape of global governance is witnessing the rising impact of non-state actors and the need to address concerns that cross national boundaries. The balance between state interests and global justice is a critical problem that requires international law to adapt and grow to meet the international community's requirements while maintaining state sovereignty. As international
law evolves, it remains a critical instrument for promoting a more just, stable, and equitable global system that reflects the global community's joint ideals.
Footnotes
1.
Mahmoud Refaat, International Electronic Contract Legal Framework and Formalism.
2.
Peter Schröder and Olaf Asbach, War, the State and International Law in Seventeenth-
Century Europe.
3.
Donna Lyons, Leading Works in International Law (Routledge 2023).
4.
Donna Lyons, Leading Works in International Law (Routledge 2023).
5.
Ben Saul and Dapo Akande, Oxford Guide to International Humanitarian Law (Oxford University Press 2020).
6.
Jonathan L Black-Branch,
Treaty on the Prohibition of Nuclear Weapons: Legal Challenges for Military Doctrines and Deterrence Policies
(Cambridge University Press 2021).
7.
Donna Lyons, Leading Works in International Law (Routledge 2023).
8.
Carsten Stahn, ‘From ‘Uniting for Peace’ to ‘Uniting for Justice?’: Reflections on the Power of the UN General Assembly to Create Criminal Tribunals or Make Referrals to the ICC’ [2022] SSRN Electronic.
9.
Pascal Lottaz and Yoko Iwama,
Neutral Europe and the Creation of the Nonproliferation
Regime
(Routledge 2023).
10. Jan Klabbers,
International Law
(Cambridge University Press 2017)
11. Lukas Hermwille and others, ‘Catalyzing mitigation ambition under the Paris Agreement:
elements for an effective Global Stocktake’ (2019) 19(8) Climate Policy 988.
12. Lukas Hermwille and others, ‘Catalyzing mitigation ambition under the Paris Agreement:
elements for an effective Global Stocktake’ (2019) 19(8) Climate Policy 988.
13. Adel Hamzah Othman, ‘Role of International Criminal Court in Reducing Human Rights Violations’ (2020) 9 International Journal of Criminology and Sociology 1542.
14. Adel Hamzah Othman, ‘Role of International Criminal Court in Reducing Human Rights Violations’ (2020) 9 International Journal of Criminology and Sociology 1542.
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Bibliography
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International law
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Neutral Europe and the Creation of the Nonproliferation Regime: 1958-1968
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