Customary international law

Most countries have extradition laws. Most countries also have extradition treaties such as Mexico and the United States, as shown above. If two countries have an extradition treaty, they have an agreement to extradite each others wanted fugitives based upon the terms of the treaty; “considered simply as a contract between two independent Governments” (Spears 95). Even when a treaty is not present, extradition will usually be granted if it meets certain conditions regarding how the extradition…

Investigation Wars are fought for a multitude of reasons - religion, revenge, ideology, resources - and even follow a procedure - a declaration that is authorized by a governing body that creates war between two countries. This legality assists in showing proof that one, the war occurred, and two, there was an agreement between the head of government and whatever governance of state that country holds. This keeps leaders from starting nonsensical wars that waste resources and destroy lives. But…

charter protection of human rights is the responsibility of the international community hence humanitarian interventions are foreign military actions which prevent or halt mass muyrder and other sever violations of human rights. In contrast the charter also prohibits forceful interference against the territorial intregrity and political independence of any state. The charter rests on the principle of sovergnty and here are the international community faces the moral and legal dilemma which takes…

decisions whether to enter warfare, as its legitimacy derives from the rights of the individual, and not necessarily from the rights of states. On the whole, the Just War theory is similar to ‘a grammar for moral reflection and deliberation’ in the international relations traditions (Gregory 2014, p. 57). As remarked by Lee (2007, p. 3), the Just War theory outlines the rules and norms to control military violence and to limit aggression by establishing the norms of “moral permissibility”. The…

Specifically, Delsol claims that “man is the imperfect being who imperfectly directs himself through perfection” and “what characterizes man is not any unity that is finally, perfected achieved, but the activity and effort undertaken in view of unity, the action by which he progresses toward communion without ever completely realizing it.” The importance communicated by Delsol here is that people seek unity through recognizing each other for differences, not becoming replicas of one another.…

HISTORY OF INTERNATIONAL HUMANITARIAN LAW Generally, International Humanitarian Law is considered as a set of rules which governs the conduct of humanitarian in armed conflicts. It provides the protection to person who are not or no longer participating in the hostilities besides it controls the usage of weapons and methods of warfare. According to Mr. Jean in his work, “Humanitarian law is a branch of public international law which owes its inspiration to a feeling for humanity and which is…

have even gone to the extent of waging war on/in their country. In The Bombardment of Damascus, Quincy Wright asserts that international law does not “require the application of [the] laws of war to people of different civilization” as the law does not explicitly state that there is a distinction between civilized and barbaric peoples (Wright 266). The role of international law during France military interventions in Syria was questioned by Wright. France claimed that using force on Syria was…

While the inception of modern public international law heralded a revolutionary shift in law governing relations, the accountability of States, individuals and actors who engage in unlawful international conduct has often been alibied by a horizontal system of law which is unable to enforce consent to cooperate with treaties and charters. Unlike domestic law, which embodies an enforceable judiciary, legislature and executive, International law has no agency or organisation capable of mandatorily…

1. Define and explain the significance of grundnorm. Essentially a grundnorm is an ordinance that states follow to make contracts between each other (J.G. Rumsey, International Law Lecture 2)(Murphy, 11). The significance of this term is that it helps to establish what states can put down on their treaties, so that they have something to refer to and go off of when making such a contract. 2. Define and explain the significance of pacta sunt servanda. The definition of pact sunt servanda is…

two elements to define a rule if a customary law or not: the physical and the psychical. In the aspect of the physical element, a customary law has international usage, general practice or usus. Namely, a customary law has to be practiced worldwide, continuously, repeatedly, unanimously and analogously. In the aspect of the psychical element, a customary law has to be accepted by states in the international society, to get the opinion Juris. The customary laws are usually unwritten. However,…