This essay will focus on international law being an effective tool for the resolution of international disputes. Timely resolutions and unbiased resolutions are factors that determine effective dispute resolution. The definition and concept of international law, effective aspects of international law, and certain limitations of international law will be discussed in this essay. Furthermore, case studies will be provided to support the argument and to demonstrate the procedures of resolving international disputes.
Definition and Concept of International Law
International law can be defined as, the universal system of principles and policies concerning the relations between states and international organisations. The overall identity of international law is the United Nations, and they govern international law through legal documents known as treaties. International law is enforced by the United Nations Security Council and the International Court of Criminal Justice.
Effectiveness of International Law in Resolving Disputes
International law is expanding over the years as many countries are now relying on it to solve their disputes. Most countries are part of regional organisations, such as the African Union and European Union, which follow the practice of international law . As more countries are getting involved in international organisations, the fairness and reliability of international law can be observed.
International law is not forced upon countries. Countries participate in international organisations to ensure stability and predictability in their relationship with other countries. This voluntary participation ensures that laws and agreements made will be fair and unbiased to all participating countries. Countries are not coerced into agreeing to international law. The laws made within an international organisation are derived after much debate and consensus from participating countries. After the agreements are made, these laws are put into place as treaties. This shows that international law allows for fair and unbiased resolutions as the laws will be clearly stated.
Another positive element of international law in resolving disputes is, international law does not conflict with domestic laws most of the time. Domestic laws focus on the prosperity of the country while international laws focuses on the prosperity of all countries. Therefore, when it comes to resolving international disputes, most countries will accept the decisions made by the international tribunals and the International Court of Justice. International laws also adapt to the changes in society. These changes are reflected on the amendments of treaties.
The United Nations ensures that all laws made are fair and unbiased. It also ensures that disputes between countries are dealt in the same manner. This is the reason as to why the International Court of Justice is a separate entity. When countries that are having conflicts approach the United Nations for dispute resolution, they are referred to the International Court of Justice. The International Court of Justice examines all given evidence and they may also start their own investigations when it is required. The diversity amongst the panel of judges within the International Court of Justice reflects fairness and unbiasedness when resolving disputes. The International Court of Justice also allows for countries involved in the dispute to nominate a judge of their choosing, an Ad hoc judge, to seat on the panel of judges.
Case Study of the Effectiveness of International Law
The conflict between Singapore and Malaysia over the sovereignty of Pedra Branca and Middle Rocks is a good example of international law being effective. This case gives a clear example of how the International Court of Justice deals and resolves disputes effectively.
The dispute started in 1980’s when Malaysia published a map stating that Pedra Branca belonged to her. Singapore disputed...
Please join StudyMode to read the full document