Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
UDOFA

UDOFA

Ratings: (0)|Views: 5 |Likes:

More info:

Published by: Kingsley 'kingsville' Udofa on Apr 27, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/16/2013

pdf

text

original

 
¡¢£¤¥¦§¨ © ¡¤§¡ §  §¨¨¤§¢¨¤¤ 
“THE RESOLUTIONS OF INTERN@TION@L ORG@NIZ@TIONS @S“THE RESOLUTIONS OF INTERN@TION@L ORG@NIZ@TIONS @S“THE RESOLUTIONS OF INTERN@TION@L ORG@NIZ@TIONS @S“THE RESOLUTIONS OF INTERN@TION@L ORG@NIZ@TIONS @S@ SOURCE OF INTERN@TION@L L@W”@ SOURCE OF INTERN@TION@L L@W”@ SOURCE OF INTERN@TION@L L@W”@ SOURCE OF INTERN@TION@L L@W”
March 2011
 
 2
In attempting to discuss this issue, it would be pertinent to first and foremostexpound on the meaning and character of law, sources of law, international law as anaspect of law, its meaning and its sources.In the long march and history of mankind a central role has always been played byan idea of regulation and law. This is informed by the idea that order is necessarywhen compared to chaos which is inimical to a just and stable development. Everysociety, whether it is large or small, powerful or weak, has created for itself aframework of principles within which to develop. Regardless of its form, everysociety fashions out acceptable standards of behaviour by spelling out what can bedone, what cannot be done, permissible acts and forbidden acts.Law is that element which binds the members of the community together in their adherence to recognised values and standards. In all legal systems, the subject of lawis an entity, which has enforceable rights and duties at the law
1
. It can be a companyor an individual and both are defined as “legal person” by the law. Legal personalityis the main clause for the entities to function or in other words to allege and enforce aclaim. Law consists of a series of rules regulating behaviour and reflecting to someextent, the ideas and preoccupations of the society within which it functions. Thismeans that with the needs in any particular community comes certain unique sets of regulations. Therefore, law is always peculiar to the community or society it isintended to regulate. The main characteristics of law are its binding force, thelanguage of law and most importantly the psychological effect it produces on those itregulates.There are three main sources of law; these are customs, judicial precedents andlegislations. Generally, law is a reflection of the customs of a set of people. Customsare the patterns of behaviour that are accepted as the general standards of behaviour.The important element of law is its psychological effect on the people who the law ismeant to regulate.
International law 
1
 
http://www.
wordnet.princeton.edu/perl/webwn, accessed on 01 march 2011
 
 
 3
There are many contrasts between the laws from country to country because allsocieties have their own peculiar needs. In the same vein, there are many contrasts between law within a country (municipal law) and the law that operates outside and between nation-states. The necessity of law is most desired where there is any kind of integration and interaction between two or more interests. This is the foundation of international law which operates to regulate relations between international interestsand subjects. International Law is the body of principles, rules, and standards thatgovern nations and other participants in international affairs in their relations withone another. Most international law consists of long-standing customs, provisionsagreed to in treaties, and generally accepted principles of law recognized by nations.Some international law is also created by the rulings of international courts andorganizations.The purposes of international law include resolution of problems of a regional or global scope (such as environmental pollution or global warming), regulation of areasoutside the control of any one nation (such as outer space or the high seas), andadoption of common rules for multinational activities (such as air transport or postalservice). International law also aims to maintain peaceful international relations when possible and resolve international tensions peacefully when they develop, to preventneedless suffering during wars, and to improve the human condition during peacetime.
Sources of international law are the materials and processes out of which therules and principles regulating the international community are developed. Theyhave been influenced by a range of political and legal theories. During the 19thcentury, it was recognised by legal positivists that a sovereign could limit itsauthority to act by consenting to an agreement according to the principle
  ¡¢£¡¤¥¦£ ¤§¨©¡¦    ¡   
This consensual view of international law was reflected in the 1920Statute of the Permanent Court of International Justice, and preserved in Article38(1) of the 1946 Statute of the International Court of Justice
3
 Article 38(1) is generally recognised as a definitive statement of the sources of international law. It requires the Court to apply, among other things,
2
 
   
cases (1969). A treaty is based on the consent of the parties to it, is binding, and must be executed ingood faith. The concept known by the Latin formula
!"$%  "#& '    %(    
(“agreements must be kept”) isarguably the oldest principle of international law. Without such a rule, no international agreement would bebinding or...
3
http://en.wikipedia.org/wiki/Sources_of_international_law#endnote_1

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->