Why Is It The Interest Of United Law - 3517 Words

Why is it in the interest of states to obey International Law? ABSTRACT A growing discussion amongst IR scholars and International legal scholars alike has been the debate on if International law (IL) is really law especially since it lacks the basic characteristics of domestic law. Is international law a law just in name or in action also? If it is a law, do states obey this Law? And why will it be in the interest of a state to obey such law (if it does exist). This essay is an attempt to explain what IL is and to point out likely reasons why it is in a state interest to obey IL. This essay is drawn largely from work written by various scholars at different times to draw my conclusion INTRODUCTION: All states in the contemporary international system, both great and small, are compelled to justify their behaviour according to an international legal framework. Although Goldsmith Posner (2005:4) contended that due to the fact that most academic work on International Law has been written by Law Professors, they explained that these scholars have all shared an assumption which is not empirical enough, these assumptions drawn from the international rules of opinion juris (the â€Å"sense of legal obligation† that makes customary international law binding) and pacta sunt servanda (the rule that all treaties must be obeyed) They however opined that Contemporary international law scholarship does not deny that states have interests and they try to pursue them. This essay seeks toShow MoreRelatedWhy Is It The Interest Of United Law?3517 Words   |  15 Pages Why is it in the interest of states to obey International Law? ABSTRACT A growing discussion amongst IR scholars and International legal scholars alike has been the debate on if International law (IL) is really law especially since it lacks the basic characteristics of domestic law. Is international law a law just in name or in action also? If it is a law, do states obey this Law? And why will it be in the interest of a state to obey such law (if it does exist). This essay is an attempt to explainRead MoreTheu.s V. Lopez, The United States Supreme Court854 Words   |  4 Pagesthe United State Supreme Court held that state law could provide students a property interest in their education, but forty years have passed and courts remain uncertain of when such an interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections to a group of high school students in Ohio. The Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school, and that suc h an interest wasRead MoreWhy The United States Entered World War I942 Words   |  4 Pagesreadings. There will also be insight given to why the United States entered World War I, and whether or not the reasons were persuasive. Other things will also be discussed, including: what America’s war aims were, and how Wilson’s goals were unrealistic, misleading, overly idealistic and moralistic. The fact that Wilson expected too much of international law and international organization. Also, why Wilson’s goals were not achieved. That the national interest is what should guide American diplomacy.Read MoreHuman Rights And The Constitution : Property Rights1388 Words   |  6 PagesInternational and British American Tobacco v Commonwealth (2012) 291 ALR 669. The cigarette manufacturers had argued that plain packaging laws constitute an ‘acquisition of property’ (eg, trade marked logos and images on cigarette boxes) not on ‘just terms’. Was th is a good outcome? Should the Australian Constitution protect property rights robustly (strongly? Why or why not? 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Reflecting on the history of U.S. Foreign Policy and its policy of protecting U.S. interests, freedom of trade, and freedom of the seas, would it be in the U.S. best interest to further address China’s expansion into the South China Sea? I believe that the U.S. should take a stance against China’s expansion into the South China Sea to further enforce that international law is upheldRead MoreThe American Revolutionary War1223 Words   |  5 Pagesrevolution is extremely subjective. What may appear as an insurrection to some might not be as extreme to others. When talking about the American Revolutionary War, however, the answer is clear. While the War certainly brought about change within the United States, it wasn’t necessarily very revolutionary. The most important aspects of the colonies, such as ideas about government, various types of societal equality, slavery and freed blacks, and the rights of women remained for the most part, unaffected