International Law and Organization

International Law and Organization:

International Law, not like most other regions of law, has no explained area or governing body, although instead concerns to the several and varied laws, rules and customs that govern, impact and deal along with the legal interactions among various nations, their governments, organizations and businesses, to comprises their responsibilities and rights in these dealings.

The immense body which makes up international law includes a piecemeal collection of international customs; treaties; agreements; accords, charters that is the United Nations Charter; protocols; memorandums; tribunals; legal precedents of the International Court of Justice as aka World Court and more. Without an enforcing entity, exclusive governing, international law is a mainly voluntary endeavor, in which the power of enforcement only exists while the parties consent to adhere to and abide through an agreement.

Definition of International Law:

International Law comprises the rules and principles of common application dealing along with the conduct of States and of international organizations in their international associations along with one the other and along with private individuals, minority groups and transnational companies.

International Legal Personality:

International legal personality concerns to the entities or legal persons which can have rights and obligations beneath international law.

1. States:

A State has the following characteristics:

(1) A permanent population
(2) A defined territory
(3) A government and
(4) The capacity to enter into relations along with the other States.

Some writers also argue that a State must be completely independent and be identifies as a State through the other States. The international legal system is a horizontal system dominated through States that are, in principle, identified sovereign and identical. International law is predominately implemented and made by States. Merely States can have sovereignty over territory. Only States can turn into members of the United Nations and the other international organizations. Only States have access to the International Court of Justice.

2. International Organizations:

International Organizations are established through States by international agreements and their powers are restricted to those conferred on them in their constituent document. International organizations have a restricted degree of international personality, particularly via member States. They can come in into international agreements and their representatives have definite immunities and privileges. The constituent document might also give that member States area lawfully bound to comply along with decisions on exact issues.

The powers of the United Nations (UN) are set out in the United Nations Charter of 1945 year. The major political organ is the General Assembly and its authority on most issues as human rights and economic and social matters is restricted to discussing matters and making recommendations. The Security Council has the authority to formulate decisions which are binding on all member States while it is performing its primary task of keeping international security and peace.

The main United Nations judicial organ is International Court of Justice (ICJ) that has the influence to make binding decisions on questions of international law which have been concerned to it by States or provide advisory opinions to the United Nations.

3. Nationality of individuals, companies:

Individuals are usually not regarded as legal persons beneath international law. Their connection to State is by the idea of nationality, which may or may not need citizenship. Nationality is the status of being acted as a national of a State for exact reasons. All State has wide discretion to find out who is a national. The most general methods of getting nationality at birth are by one or both parents or and through the place of birth. Nationality can also be obtained by naturalization and adoption. Companies, aircraft, ships and space craft are generally identified as having the nationality of the State in that territory they are registered. It is significant since in many circumstances States might have international obligations to regulate the conduct of their nationals, particularly if they are achieving act activities outside their territory. Beneath the principle of nationality of claims, if a national of State A is injured through State B by internationally unlawful conduct, State A might make a claim against State B on behalf of its injured national. It is termed as the doctrine of diplomatic protection.

Sovereignty of States Over Territory:

It is the exclusive right to exercise supreme political authority over an explained territory as airspace, land and specific maritime areas as the territorial sea and the people inside that territory. Another State can have formal political authority inside that State. Thus, sovereignty is closely related with the idea of political independence.

Typical international law developed doctrines through that States could make a valid claim of sovereignty over territory. The doctrines integrated occupation and discovery and prescription. Throughout the period of Western colonial expansion latest territories and islands were subject to claims of sovereignty through occupation and discovery. Sovereignty could also be transferred to the other State by conquest as utilizations of force or through cession where the sovereignty over the territory would be ceded through treaty from one State to the other.

As a State has sovereignty over its territory, the entrance in its territory through the armed forces of the other State without consent is a prima facie breach of international law. In between the attributes of sovereignty is the right to eliminate foreigners from entering the territory that is traditionally concerned to as the right to exclude aliens.

As a State has sovereignty inside its territorial sea along with several exceptions as the right of innocent passage, this has the exclusive authority to exercise police power inside its territory sea. For illustration, if foreign ships are attacked through “pirates” in the territorial sea of a State, the merely State which can exercise police power and catch the pirates in the territorial sea is the coastal State.

International Obligations (Sources of Law):

This is usually accepted that the sources of international law are scheduled in the Article 38(1) of the Statute of the International Court of Justice that gives that the Court shall apply:

a) International conventions, whether particular or general, establishing rules expressly Recognized through the contesting states;
b) International custom, since evidence of a common practice accepted as law;
c) The common principles of law recognized through civilized nations;
d) Subject to the provisions of Article 59, judicial decisions and the teachings of the most educated qualified publicists of the different nations, similar subsidiary means for the determination of rules of law.

Jurisdiction of States:

Principles of Jurisdiction:

The idea of jurisdiction refers to the power of a State to prescribe and implement criminal and regulatory laws and is normally based upon the territorial principle, under that a State has jurisdiction over activities inside its territory. Several states also claim jurisdiction above activities outside their territory that affect their territory.

States can claim also jurisdiction based on the nationality principle through extending jurisdiction over their nationals even while they are outside the territory.

Immunities from Jurisdiction:

The basic principle of sovereign equality of States needs that the official representatives of one State must not be subject to the jurisdiction of the other State.

The principle of sovereign immunity or State immunity gives that foreign sovereigns enjoy immunity from the jurisdiction of the other States. The basic principle of diplomatic immunity gives that the diplomatic agents of the distributing State have whole immunity from the criminal jurisdiction of the acquiring State.

Status of the Seas, Outer Space and Antarctica:

High Seas:

These are governed through many fundamental principles. Initially, no State may purport to assert sovereignty over any type of part of the high seas. Second, each State have the right to exercise the freedoms of the seas, comprising freedoms of navigation, freedom of over flight, freedom to lay submarine pipelines and cables and freedom to conduct marine scientific research.

Exclusive economic zone:

Coastal States are allowed to claim an exclusive economic zone (EEZ) of up to 200 nautical miles from the baselines from that the territorial sea is measured in which they have the sovereign right to exploit and explore the natural resources of the sea and of the seabed and subsoil.

Principles Governing Relations between States:

The common principles governing friendly associations among States are set out in UN General Assembly Resolution 2,625. This states that the progressive development and codification of the seven principles under would secure their more effectual application inside the international community and would promote the realization of the reasons of the United Nations. Thus, the resolution sets out the consensus in the international society on the content of the subsequent seven principles:

1) States shall refrain in their international associations from the threat or utilization of force against the territorial integrity or political independence of some State or in any one manner inconsistent along with the reason of the United Nations
2) Pacific settlement of disputes
3) Non-intervention in matters inside the domestic jurisdiction of some State, in accordance along with the Charter
4) Co-operation along with one the other in accordance along with the Charter
5) Identical rights and self-determination of peoples
6) Sovereign equality of States
7) States shall fulfill in good trust the obligations assumed through them in accordance along with the Charter.

Responsibility of States for Wrongful Acts:

The 2001 ILC Articles on the Responsibility of States for Internationally Wrongful Acts set out the opinions in this significant field of international law. The ILC Articles are a combination of progressive and codification development. Even if the ILC Articles have not been taken on as an international convention, several of the provisions have been concerned to through international courts and tribunals similar reflective of customary international law.

States are responsible to the other States for their internationally wrongful acts. A State commits internationally wrongful act while conduct comprising an act or omission:

(a) It is attributable to the State under international law and
(b) It constitutes a breach of an international obligation owed through that State to the injured State or elase the international community.

The Role of the ICJ:

The ICJ is the chief judicial organ of the United Nations. All members of the United Nations are involuntarily parties to the Statute of the International Court of Justice. The jurisdiction of the ICJ in “contentious disputes” among States is subject to the principle of consent. This can acquire jurisdiction in three ways. First, the States parties to a dispute might enter in an ad hoc agreement to concern to a specific legal dispute to the court. Second, States can offer an “optional clause declaration” to the United Nations Secretary-General declaring as they recognize the jurisdiction of the ICJ over specific categories of disputes along with another States that have also filed an optional clause declaration. This type of disputes is quite rare, like several States are not willing to recognize the jurisdiction of the ICJ in advance for broad categories of disputes. Third, several international conventions enclose dispute settlement clauses termed as “compromissory clauses” permitting disputes among States parties to the convention to refer disputes about the application or interpretation of provisions of that convention to the ICJ through one of the parties to the dispute. Several conventions permit States to “opt out’ of those compromissory clauses. 

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