Table Of Contents:
2. Effective jurisdiction of International law
3. Enforcement by States
4. Sources of implementation
International law after world war II grew by leaps and bounds due to absence of one International law regulating authority. For International law to be effective states must owe allegiance to an international organization and states are accountable of their actions on their subjects or another nation either physically or economically. U.N for the implementation of International Law convened the International court of justice and formed the NATO and Interpol to police International of their subject nations. International law is only applicable on those states who are a part of U.N and the international community unlike nations that have isolated themselves from the world for example, Cuba, North korea etc.
2. Effective jurisdiction of International law:
Since international law has no established compulsory judicial system for the settlement of disputes or a coercive penal system, it is not as straightforward as managing breaches within a domestic legal system. However, there are means by which breaches are brought to the attention of the international community and some means for resolution. For example, there are judicial tribunals in international law in certain areas such as trade and human rights. The formation of the United Nations, for example, created a means for the world community to enforce international law upon members that violate its charter through the Security Council. Since international law exists in a legal environment without an overarching "sovereign" (i.e., an external power able and willing to compel compliance with international norms), "enforcement" of international law is very different than in the domestic context. In many cases, enforcement takes on Coasian characteristics, where the norm is self-enforcing. In other cases, defection from the norm can pose a real risk, particularly if the international environment is changing. When this happens, and if enough states (or enough powerful states) continually ignore a particular aspect of international law, the norm may actually change according to concepts of customary international law. For example, prior to World War I, unrestricted submarine warfare was considered a violation of international law and ostensibly the casus belli (cause of war) for the United States' declaration of war against Germany. By World War II, however, the practice was so widespread that during the Nuremberg trials, the charges against German Admiral Karl Dönitz for ordering unrestricted submarine warfare were dropped, notwithstanding that the activity constituted a clear violation of the Second London Naval Treaty of 1936. 4.Enforcement by states:
Apart from a state's natural inclination to uphold certain norms, the force of international law comes from the pressure that states put upon one another to behave consistently and to honor their obligations. As with any system of law, many violations of international law obligations are overlooked. If addressed, it may be through diplomacy and the consequences upon an offending state's reputation, submission to international judicial determination, arbitration, sanctions or force including war. Though violations may be common in fact, states try to avoid the appearance of having disregarded international obligations. States may also unilaterally adopt sanctions against one another such as the severance of economic or diplomatic ties, or through reciprocal action. In some cases, domestic courts may render judgment against a foreign state (the realm of private international law) for an injury, though this is a complicated area of law where international law intersects with domestic law. It is implicit in the Westphalia system of...
Bibliography: Brownlie, Principles of Public International Law (OUP 2008)
Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth. pp. 4–5.
Slomanson, William (2011). Fundamental Perspectives on International Law. Boston, USA: Wadsworth. pp. 26–27.
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