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international court of justice's accession of different court arbitrary decisions
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Take note of the basic difference between the two types of law:
Municipal law regulates relations within a country (intra-state).
International law regulates relations between countries (inter-state).
_______________
Understand that there are key substantive differences between international law and municipal law in the following areas:
the processes used to make law
the basis of obligation on parties
the way in which obligations are enforced
the way in which law interplays with politics____________________
At the international level, however, there is no legislature in existence and it is by way of agreements between countries (treaties) that international law is made. This can also be described in the following way:
Municipal law is hierarchical or vertical - the legislature is in a position of supremacy and enacts binding legislation
International law is horizontal - all states are sovereign and equal
________________
Recognise that the principal feature of municipal law is the existence of a legislature and a court system that can settle legal disputes and enforce the law. At the international level, however, there is no legislature in existence and it is by way of agreements between countries (treaties) that international law is made. This can also be described in the following way:
Municipal law is hierarchical or vertical - the legislature is in a position of supremacy and enacts binding legislation
International law is horizontal - all states are sovereign and equal
______________
Understand that the lack of an enforcement mechanism akin to a police force at the international level impedes coercive enforcement. The court system at the international level is one that relies on the acquiescence of the countries to both its jurisdiction and to carrying out the decisions of the court. The court system is well-established at the international level and respected but it lacks the ability to compel a country to come before it, unlike courts in a municipal system which can require a government, company or individual to appear before it.
_______________
Notice that the role of politics in international law influences the character of international law profoundly and is more likely to reflect the political interests of the countries than might be the case at the municipal level.International law is made by way of political agreements (treaties) and will be supported or ignored according to the political interests of a country.
International sanctions are actions taken by countries against others for political reasons,
either unilaterally or multilaterally.
There are several types of sanctions.
Diplomatic sanctions - the reduction or removal of diplomatic ties, such as embassies.
Economic sanctions - typically a ban on trade, possibly limited to certain sectors such as armaments, or with certain
exceptions (such as food and medicine)[1]
Military sanctions - military intervention
Sport sanctions - preventing one country's people and teams from competing in international events.
Economic sanctions are distinguished from trade sanctions, which are applied for purely economic reasons, and typically
take the form of tariffs or similar measures, rather than bans on trade.
Sanctions on individual
The United Nations Security Council can implement sanctions on political leaders or economic individuals. These persons
usually find ways of evading their sanction because of political connections within their nation.[10]
Sanctions in international law
Entities favorable to the target of another government's sanctions may claim that sanctions imposed by single countries or
by an intergovernmental body like the United Nations are "illegal" or "criminal" due to, in the case of economic sanctions,
the Right to development or, in the case of military sanctions, the Right of self-defense.
A 1996 report by International Progress Organization criticized sanctions as "an illegitimate form of collective
punishment of the weakest and poorest members of society, the infants, the children, the chronically ill, and the elderly.
Dissolution of sanctions
There are several ways to remove and dissolve sanctions that have been implemented on a nation(s). In some cases such
as those implemented on Iraq in 1990, only a reverse resolution can be used to remove the sanctions.[12] This is done when
no provision is put in the resolution for the removal of sanctions. This is generally only done if the sanctioned party has
shown willingness to adopt certain conditions of the Security Council.[13] Another way sanctions can be removed is when
time limits are implemented with the initial sanction. After an extended duration the sanction will eventually be lifted off
the nation despite cooperation. Additional sanctions may be placed however if the Security Council deems it necessary.
The practice of time limitations has grown over the years and allows for gradual removal of restrictions on nations
conforming to at least partial conditions imposed by the Security Council .