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The International Law.

The International Law.

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Published by Anupam Gurung
The concept of International Law and its content.
The concept of International Law and its content.

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Published by: Anupam Gurung on Oct 23, 2009
Copyright:Attribution Non-commercial


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law is the term commonly used in referring to the system of implicit and explicitagreements that connects nation-states committed to recognizing values and standards that differsfrom other legal systems; in that it concerns nations rather than private citizens.International law can be referred to three different legal disciplines, namely: Public internationallaw, private international law and supra national law.The most interesting is the public international law or "Law of Nations", since it involves theUnited Nations (International Court of Justice and Security Council), International Criminal Law,Geneva Conventions, Vienna Conventions, World Health Organization, International LaborOrganization, International Monetary Fund, among others.Public international law concerns the structure and conduct of states and intergovernmentalorganizations. In its most general sense, international public law consists of rules and principles of general application dealing with the conduct of states and of intergovernmental organizations andtheir relationship, as well as with some of their relations with persons, natural and juridical. Publicinternational law establishes the framework and the criteria for identifying states as the principalactors in the international legal system.In relation to the devastating international political scene, some main bodies of the publicinternational law are: the United Nations (International Court of Justice and Security Council) andthe International Criminal Law.
 The United Nations (UN) is an international organization whose stated aims are to facilitatecooperation in international law, international security, economic development, social progress,human rights, and achieving world peace. The organization is divided into administrative bodies,primarily: the General Assembly, The Security Council, The Economic and Social Council, TheSecretariat, The International Court of Justice. There are currently 192 member states, includingnearly every recognized independent state in the world.The United Nations Charter is the treaty that forms and establishes the international organizationcalled the United Nations. As a Charter, it is a constituent treaty, and all members are bound by itsarticles. The Charter consists of a preamble and a series of articles grouped into chapters.A preamble to the UN Charter:WE THE PEOPLES OF THE UNITED NATIONS DETERMINED
to save succeeding generations from the scourge of war, which twice in our lifetime has broughtuntold sorrow to mankind 
Charter I
of the United Nations Charter lays out the purposes and principles of the UnitedNations organization.Article 1:The Purposes of the United Nations are:1.
To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of  justice and international law, adjustment or settlement of international disputes or situations whichmight lead to a breach of the peace;
 Article 2, clauses 3-4 essentially prohibit war (except in self-defense) by stating:
 Article 2, clause 7 of this chapter reemphasizes the fact that only the UN Security Council has thepower to force any country to do anything by stating:
Chapter VII
of the United Nations Charter sets out the UN Security Council's powers tomaintain peace. It allows the Council to determine the existence of any threat to the peace, breachof the peace, or act of aggression, and to take military and non-military action to restoreinternational peace and security.The UN Charter's prohibition of member states of the UN attacking other UN member states iscentral to the purpose for which the UN was founded in the wake of the destruction of World WarII: to prevent war.The Security Council was consequently granted broad powers through Chapter VII as a reaction tothe failure of the League of Nations in the years between World War I and II.
 The International Court of Justice (ICJ) was established by the UN Charter, Charter XIV, and is theprimary judicial organ of the United Nations. The ICJ is established to settle disputes betweennations. Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforcethe ICJ rulings, but such enforcement is subject to the veto power of the five permanent membersof the Council.
Charter XIV
, Article 93, clause 1:
1. All Members of the United Nations are "ipso facto" parties to the Statute of the International Courtof Justice.
 Article 94, clause 1 and 2 establishes the duty of all UN members to comply with decisions of theCourt involving them. If parties do not comply, the issue may be taken before the Security Councilfor enforcement action:
Each Member of the United Nations undertakes to comply with the decision of the International Courtof Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, makerecommendations or decide upon measures to be taken to give effect to the judgment.
 Only states may be parties in contentious cases, on the other side, individuals, corporations, partsof a federal state, NGOs, the UN organs and self-determination groups are excluded from directparticipation in cases. The United States withdrew from compulsory jurisdiction in 1986, and soaccepts the court's jurisdiction only on a case to case basis.Since the International Court of Justice deals only with states, there is an autonomous branch of lawcalled International Criminal Law (ICL).
 The International Criminal Law (ICL) deals with international crimes, the courts and tribunals areset up to arbitrate cases in which persons have incurred international criminal responsibility. Itrepresents a significant departure from classical international law, which was mainly considered lawcreated by states for the benefit of states, but tended to ignore the individual as a subject of the law.However, the precise parameters of this body of law are often unclear, perhaps due to the rapid andcomplex developments of our global society. In its widest context, the source of internationalcriminal law might be derived from the general principles of international law recognized bycivilized nations; and therefore, found in the customary law accepted by states, the general criminallaw recognized by nations, and the treaties which govern particular conduct.Today, the most important institution of the International Criminal Law is the InternationalCriminal Court (ICC), as well as several "ad hoc" tribunals, such as the International CriminalTribunal for the former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda(ICTR).

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