Limitations of international law (1 Viewer)

[timmay.08]

I have this assignment for my prelim legal course

the question asks:

Discuss the limitations of international law in protecting rights

now i cannot find anything anywhere so does anyone have any info i can use

thanks

 

[morganjane]

state sovereignty limits international law as it is the right of every nation to govern itself, so the universal declaration of human rights- is and INTERNATIONAL piece of legislation, but is not binding, and can not be enforced unless it has been ratified by signatory countries.

pretty much, international law can just say what countries should do, not what they have to do, declarations are soft law with no legally binding effects upon signatories.

hope that helps.
Good Luck
God Bless

 

[Aerath]

Taken directly from Excel:
- Not all countries are party to human rights treaties
- Lack of enforcement mechanisms
- Problems with enforcement mechanism
- Enforcement by conesnsus
- Selectivity
- Regional organisations
- NGOs
- Funding
- Different cultural perspectives.


But essentially, all these limitations fall under three big categories
- Lack of an international sovereign
- Lack of internalised norms (different views of what is right and what is wrong)
- The changing nature of international law.

 

[SimonLee13]

There is argument that the laws are too Western nation based and thus other nations reject it entirely.

Different interpretation of the law.

 

[lewis99]

International law can protect some rights, but it usually difficult to bring about legal action. With Human Rights, the ICJ (International Court of Justice) can make decisions on people who have committed war crimes, like Slobodan Milosevic, although its decisions aren't binding. Unless a country ratifies and codifies international law into domestic legislation its too easy for a sovereign state to ignore and their is no world police to enforce it.

 

[ccc123]

International law can protect some rights, but it usually difficult to bring about legal action. With Human Rights, the ICJ (International Court of Justice) can make decisions on people who have committed war crimes, like Slobodan Milosevic, although its decisions aren't binding. Unless a country ratifies and codifies international law into domestic legislation its too easy for a sovereign state to ignore and their is no world police to enforce it.

And of course remember that Milosevic died before trial completion.

 

[Gracer09]

I have this assignment for my prelim legal course

the question asks:

Discuss the limitations of international law in protecting rights

now i cannot find anything anywhere so does anyone have any info i can use

thanks

The purpose of international law is to enable nation states to maintain peaceful and productive relationships and to enable citizens of different nation states to conduct business and personal affairs with each other.

International Law
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Consensual basis: There is no binding constitution upon which law is based. International law relies on agreement between nations

How laws are made: through treaties, conventions, declarations, resolutions of the UN, customary international law, legal decisions & legal writings.

Customary law: Is an importantbasis of international law, and is recognised extensively by nations. It is often included in treaties and conventions.

Organisations: The United Nations, seperate treaties between countries, regional organisations such as the European Union.

Dispute Resolutions: The International court of Justice and diplomatic negotiation, such as conferences and diplomatic channels. Mediation and conciliation using the UN, a nuteral nation or a respected mediator when a treaty is broken.

Basis of Enforcement: It is possible to enforce international law, but no sovereign state can be forced to obey a law. Obedience of international law by nations is based on the ideas of reciprocity, which means nations obey the law because they want other nations to do the same, and legal responsibility, which means nations want to be seen as law abiding by other nations

Enforcement procedures and punishment: Enforcement is throught the UN, dispute-resolution mechanisms and the Security council. Punishments include the use of economic and the Security Council. Punishments include loss of legal rights and privileges. Peacekeeping forces can also be sent to area of conflict