Essays on International Law

One of the sources of international law listed in article 38(1) is ‘international custom, as evidence of a general practice accepted as law’. From the definition follows, that there are two main requirements for customary law: objective requirement- ‘general practice’ (mainly, that states are practicing the law and it is referring to what states do) and subjective one- ‘accepted as law’ (opinion iuris of states, what states think they should do). Evidence of customary law can be found in ...

‘Maritime Claims’ denotes claims in relation to maritime transport and some other navigational and non-navigational aspects arising out of ships or maritime vessels. The types of claims are not exclusive. Generally statutes provide the inclusive list of maritime claims which can be enforced by the claimants through judicial mechanism. Different parties are involved in legal relationships through various types of transactions in maritime sector. Maritime claims generated from contractual ...

In moral and political philosophy, the relationship between a state and its people is often characterized as a social contract – citizens voluntarily sacrifice individual freedom in exchange for protection from the state. Throughout history, however, states have often failed to uphold the social contract and ensure security for their citizens. In these instances, other states may wish to intervene for humanitarian or other purposes, but may not always have the legal reasons and authorization ...

From ancient epics like the Iliad to historical accounts to modern novels, appropriate justification for a state’s use of force has long been a topic of fascination and controversy. Over the past century and a half, various court cases have expounded on and reinforced standards governing the acceptable use of force between states. The Caroline affair, along with the Nicaragua, Tadic, and Oil Platforms court cases, all set the stage for modern international law regarding the use of force. ...

With the invention of cell phones, Internet, and ever-advancing technology, society today has slowly but surely evolved into a global village. As commercial trade and immigration become increasingly fluid between nations, international laws hold increasing weight and relevance in defining boundaries and acceptable behaviors among nations. The definition and use of customary international law, in particular, has evolved significantly since the twentieth century. From The Paquete Habana, Article ...

Nicaragua vs United States, tried in 1986 by the ICJ, is arguably a landmark case when it comes to the enforcement of the prohibition of the use of force within international law. The dispute came into the international legal scene on April 1984, when Nicaragua filed an application instituting proceedings against the US in order to make them accountable for “military and paramilitary activities in and against Nicaragua. ” Such claim was the result of several military and non-military ...

The customary international law is such a source of international law that encompasses it itself the aspect of custom. Taking into consideration the nature of the international system, in international law, the aspect of custom is considered to be the acting principle of law. As written in Article 38 (1) (b) of the Statute of the International Court of Justice (Statute of ICJ) the main requirement for the emergence of customary international law is that at first, a state practice and secondly, ...

Nicaragua vs United States, tried in 1986 by the ICJ, is arguably a landmark case when it comes to the enforcement of the prohibition of the use of force within international law. The dispute came into the international legal scene on April 1984, when Nicaragua filed an application instituting proceedings against the US in order to make them accountable for “military and paramilitary activities in and against Nicaragua.” Such claim was the result of several military and non-military incursions ...

Legal acts have extensively shaped the global world as it has significantly made a momentous embodiment in the rulings of multitudinous societies. Accordingly, I have chosen to apply for a Law course, on an international level, due to law in itself being a fundamental factor in day to day life which is the foundation of a substantial society. On that premise, I have chosen international law as a result of my long-term engrossment in global affairs and legal systems alongside the significant ...

The advancement of private international law has been extraordinarily molded by teachings coming about because of the written opinions of legal scholars from a few nations. While a portion of these theories have similar inceptions and are in this manner very comparable in their propositions others are extremely disparate. This article will inspect a portion of the theories proposed and dissect the degree of their adequacy as controlling standards for the courts when a remote component is found ...

Ethnocentrism, although not widely discussed, is common in societies and also brings about interesting debates as to how exactly it impacts the development of international law. Essentially ethnocentrism, derived from the Greek word ‘ethnos', which means nation or people, is defined as (according to Merriam Webster Dictionary) "the attitude that one's own group, ethnicity or nationality is superior to others." The belief that one group is better than the other has destroyed few societies and ...