Discussion Post
Go to Assessments drop down to discussions look for module 3 you will finding the readings and videos.
Question 1
There is an imperfect form of international law, emphasis on international entailing two or more nations, meaning these set of rules and obligations that are followed and violations are punishable due to the international legal systems instilled by international organizations.
There has been an effort in enforcing international law with International Court of Justice and the International Criminal Court utilizing the process of law making, enforcing law, and process for adjudication on the levels which states do not have the ability too.
The crucial nature of international law pertaining to the limitation of international conflict and promotion of international cooperation is controversial due to the implementation of preference in a nation’s interests previously instilled in the international organizations will further dispute when and if someone is accused of an action, tried on it, and the agreeable state of jurisdiction between nations.
International law may not have limited conflict, but rather addressed its occurrence and demonstrated the process of action or consequence according to the action.
Question 2
International Law isn’t something that can easily be defined. The three fundamental conditions for the existence of law is the process of law making, law enforcement, and adjudication.
Currently, the international community is bound by endless amounts of treaties. Treaties are legal agreements where countries give up a portion of their sovereignty . Only countries who sign treaties can be bound by them and even that can be annulled if they choose to withdraw from it. Courts have been created to help enforce international laws , but their power is limited because they do not have their own army or government.
For Example, the International Criminal Court and the International Arbitral Tribunal are bodies that help settle disputes and regulations amongst the international community. These bodies were created only to handle concerns that could not be solved within a sovereign nation and ones that extend internationally. The complexity of international law requires for decisions to be negotiated , which limits the mechanisms to enforce the law.
The three mechanisms are self help, collective security, and observation of international law. Self help simply allows countries to take action if they have been violated , but is limited to countries with power . Collective security is the idea that If one state is wronged amongst a group , the other countries can rally to the victims side and take action. The observation of law, on the other hand, simply acknowledges that interactions are governed by law or in other words treaties.
However , with these mechanisms international law still isn’t enforced , it’s simply rules that people can choose to follow or ignore. In order to enforce law there would have to be an international government to enforce laws, but that would mean that states would have to release their individual sovereignty. Officially there is no international law, but nation-states are working towards cooperation to set new precedents.
