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Free «International law » Essay Sample

International law commonly refers to laws that rule the behavior of independent countries in their relationships with other countries. International law is different from other legal systems because, it concerns mainly with provinces rather than individual citizen.

Originally, international rule consisted of policies and principles governing nation's associations and dealings with each other. Lately, the scope of international rule has been restated to comprise the associations between nations and individuals, and the associations between international groups.

Public international law solely concerned with rights questions among many states or states and the nationals or issues of other states. On the other hand private international law concerns with controversies among individuals, natural or juridical.

Lately, the difference between public and private laws are highly uncertain. Private international law subjects may also associate subjects of public international law. Majority of the private international law issues are important to the international community of the states.

Area of international law

International law comprised the fundamental ideas of legal systems of the state. This includes the status, duty, asset, and tort. It also comprises substantive law, process and remedies. International law is entrenched in acceptance by the nations which comprise the system.   

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Sources of international law

The main sources of international law are customary and convectional law. Customary law occurs when countries follow particular practices consistently out of legal sense requirement. Convectional law on the other hand, may assume any shape that the contracting countries agree upon. Agreements among nations may be created in relation to any subject, but they are limited to the extent at which they clashes with the international laws, including fundamental standards of international behavior (Oppenheim 100).

The role of international law

 
 
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International law plays a major role in any nation. It imposes particular duties upon the states with respect to people. It is against the international law to handle a foreign in a way which does not meet the international standard of fairness. However, minus a particular agreement a person cannot complain. It is only the state in which an individual belong that can complain to international tribunal about such violation.

International groups play more significant role in associating nations. To encourage the international organization status of which united states of America is a member and assists their activities. The international organization immunities act, which congress has passed defines the capability of international organization. International law can form big prospects in those seeking to recreate societies that have been seriously affected by conflict. For strangers, international law can militate against interference, and bolstering. International legal doctrines promise equality, fairness, and human rights.

According to Oppenheim 100, the laws made by various organs of the similar international organization always have an inbuilt hierarchal status related to the hierarchal class of the body that built the rule. This general absence of hierarchy in international rule has major penalties. By finalizing a treaty, countries can move away from common international law. Countries in most cases do so, for instance, in the ultimate provisions of agreements on how to change the agreement and in agreement provisions creating a perfect enforcement mechanism.

Every new nation as well as every new agreement is automatically converted into common international law. The agreement must not include the rules of common international law that the members do not desire to apply in relation to the agreement.  Just as the individual contracts are automatically converted into domestic law system, the agreements are also automatically converted into international law system.            

International law also applies in fighting violence against women and encouraging women equality. For instance, the international law standards sets and the progressive universal terms interpretation such as rape, can be applied as a tool for education when performing training to local judiciary, police, security services, and other members of the public. International law can be applied to advocate for improvement and revision of domestic law interpretation, and inclusion of international rule in domestic courts.     

General principles that are familiar with national law systems are international law secondary sources. There are circumstances where conventional international law and customary international law cannot be applicable. In this case, a general law is cited as a rule of international law since it is a general law common to the key world's legal systems and appropriate for international claims.

Sovereignty is the feature of possessing supreme and independent power over a geographic location, such as territory. It can be experienced in authority to rule and create law that are based on political reality for which no total legal clarification can be given. Sovereignty is not merely a matter of authority but a matter of supreme authority. The sovereignty holder is superior to every power under its purview.

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Final sovereignty ingredient is territorially. Currently territorially is a feature of political power. Territorially is a rule by which community members are to be described. Territorial is a powerful principle, it describe membership in a manner that may not relate with their identity. The sovereign state borders may not restrict a nation, and may include a lot of these identities. It is by virtue of the state location within geographic borders that individuals belong to it and fall under the rule of that state. Modern sovereigns are highly authoritative within geographic territory.

Sovereignty is the demand to be the final political power, subject to no supreme authority as concerns the creating and implementing of the political decisions. In the international organization, sovereignty is the demand by the nation to full self-government, and the joint acknowledgments of claims to sovereignty are the fundamental of international society.

Sovereignty is part of international anarchy, for instance, if the nation need sovereignty, then the international system structure is by definition anarchic. Sovereignty must not be mistaken with liberty of actions. Sovereignty players might find themselves exercising liberty of decision within situations that are extremely constrained by unequal authority relations.

The policy of sovereignty expanded as part of a change of medieval scheme in Europe into the current state system, a procedure that ended in the agreement of Westphalia in 1648. In a number of circumstances the appearance of sovereignty concept ran in line with the same appearance of the issue of private property, both stress        

The international organization was not often set in terms of the sovereign states. In the middle ages different feudal planning ruled Europe.  The growth of sovereign states system ended in Europe at the Westphalia peace in 1648. This accord basically permitted the ruler to decide the religion within his or her borders. Likewise the agreement represents the internal aspect and external aspect of sovereignty.

Internal sovereignty refers to supreme power within one's territory, while external sovereignty relates to the acknowledgment on the part of every nation that possesses similar power. When Europe colonized majority of the states in the world between fifteenth and nineteenth, it spread its system around the world. During this period, the sovereign power was not extended to non-Europeans. However, the procedure of drawing boundaries to demarcate boundaries would be significant for sovereign states definition during decolonization.

The second, modern, movement seems to be the steady sovereign state circumscription, which started after World War II and went on up to present. A lot of international law was planned to reinforce sovereignty. However, moved by the Nazi genocide horrors and Nuremberg war offenses tribunal lessons, the states society forged a series of accords under the United Nation auspices, which committed states to defend the rights of their citizens.

The post-war time also allows the progress of intergovernmental organizations to assist manage interstate relations in fields ranging from trade and financial rules to safety and host of other fields. At similar period, many non-western states got their independence after World War II, building a situation in which majority of the new nations were not totally sovereign.

Granting previous colonies independence and identifying them as sovereign nation. Currently sovereignty is basically based on boundaries. This was implemented since it was the only way for several colonies to get independence quickly. At the moment, sovereignty also entitles growing nations to development assistance (Dugard 200).

Although majority sees threats to nation sovereignty from a broad variety of sources, majority of these can be categorized in three wide areas. These are, globalization of economy, human rights increase, and the expansion of supranational institutions, the last being partly controlled by integration of economy and the effect of human rights.

The appearance of human rights as a topic of concern in international law causes sovereignty since these principles that are agreed upon place obvious restrictions on government's authority to operate within their boundaries. Multinational Corporation's growth and the free movement of capital have put restriction on capability of the nation to control economic progress and style social and economic rule (Dugard 200).

Supranational organization have appeared as an important source of power that to some extent, place restrictions on sovereignty of the state. Given the appearance of a wide transborder subjects from globalization of the economy, environment, to terrorism, the key discussion is whether the nation-state is outdated as the best type of political organization to handle these problems. Economic and social procedures were increasingly unable to conform to nation-state boundaries, making it more difficult for countries to control their territory, a major element of sovereignty.

Import is a term referring to bringing in commodities into a particular country. Commodities here refer to both goods and services. The purchaser of such commodities is referred to as an importer. The one selling the commodities is referred to as an exporter. Therefore an import is any commodity that is brought into a given country from another country in a legitimate style. It is a commodity that is brought in from another nation for sale. These imported commodities are given to domestic consumers by producers from other nations. An import in the recipient nation is an export in the distributing nation.

Imports consist of trading in commodities from no-residents to residents. The exact description of imports in accounts of the nation entails and excludes particular situations. Commodity importation happens when there is ownership change from no-resident to a resident. This doesn't mean that the concerned product crosses the border physically. However, in given cases accounts of the nation assign changes of ownership even though no changes have taken place in legal terms. Smuggled commodities must also be entailed in measurement of imports.

Imports of services include all services offered by non-residents to residents. In accounts of the nation any direct buying by nationals outside the economic boundary of a nation are recorded as services imported.  Therefore the tourists spending within the country's economic boundaries are taken as part of imports services. The international flows of unlawful services must be entailed.

International trade data in commodities are obtained mostly through statements from custom services. In case a nation uses the universal trade system, all commodities entering the nation are recorded as imports. In case the particular trade system is used commodities which pass through customs warehouses are not stated in statistics of external trade unless they then go into importing nation free circulation.

Because commodities are traded freely among European Union member States without customs regulation, statistics on trade in commodities among the member States must be got through surveys. To minimize the burden of statistics on the respondents, small traders are removed from the reporting duty.

Statistical recording of import services is based on banks declaration to their central banks or by main operator's surveys. In a globalized economy, where services can be offered through electronic means, the associated international services flows are hard to identify.

Fundamental statistics on international trade usually do not include smuggle commodities or international flows of unlawful services. A small percentage of smuggled commodities and unlawful services may be incorporated in official statistics via dummy shipments in order to cater for activities with illegal nature.     

International trade mainly deals with import and export. Import of commodities usually needs participation of customs authorities. The goods and services to be imported or exported are always subjected to quotas on import, trade agreements and tariffs. Imports can also mean the real value of all commodities being imported. We usually use I symbol as macroeconomic variable that stands for import values over a certain time period, normally one year.

Economic theory proposes that international trade influences the commodities prices in both nations that imports and exports and this in turn influences the labor price, that is, the country's wages by affecting the labor demand. Changes in the prices of the commodities due to competition from imports change the firm's profit opportunities. Firms react by directing resources toward businesses in which profitability has increased and directing resources away from those businesses in which profitability has fallen.

Trade flows thus results to shifts in the labor demand, as more employees are required in newly profitable area and fewer in less profitable sectors. If the labor supply is fixed, these changes in demand will lead to increase in wages, since employees will require a premium for going into industries that are more profitable. The theory also proposes that import competition reduces prices of commodities created by low-skilled work force relative to price of commodity prepared by skilled labor, so that domestic industry move toward manufacturing skill-intensive commodities.            

Trade can be seen as efficiently shipping from one nation to another nation the services of the workers that involves in the manufacturing of traded commodities. Imports always add labor endowment of the receiving nation and decrease the labor endowment of the sending nation. The United States of America tends to import unskilled-labor-intensive commodities and export skilled-labor-intensive commodities, so that the rising significant of trade in the economy of the united state has enhanced the effective unskilled-labor supply in that nation relative to skilled labor supply.

Analysis proposes that trade accounted for fifteen percent of the increase in aggregate income. Further analysis suggested that for the developed nations, trade with nations that are developing has resulted to approximately twenty percent decline in labor demand in manufacturing. The demand decline is more among the unskilled employees. Further analysis suggests that shifts in the aggregate demand of the products, comprising the impact of imports, account for at most ten percent of the rise in wage differential.  

International law is very important. For any nation to be in a good relation with other countries, it is important for them to follow all the requirements of the international law. It is also evident that any nation cannot do without imports. Without imports we cannot think of international trade. Therefore for any nation to improve on its trade internationally and hence its growth, it is important for them to improve on its imports and export. All nations in the world are sovereign.

   

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