Do you agree with those commentators who think that we are witnessing the demise of international law as a legal discipline?
Scott: the first is that the invasion of Iraq in 2003 dealt a devastating blow to the authority and legitimacy of international law, and international law has been in decline ever since.
Second, she advances a different or supplementary thesis, which lies in the changing global distribution of power. International law is a system based on compromises. But those compromises were unequal and favoured the strong, particularly the United States. With shifting power in a multipolar world, rising states are no longer prepared to accept “unequal” treaties or or a system of international law that appears to disproportionately benefit the last remaining superpower.
Hakimi: thus suggest that conflict and friction is not inherently a bad thing. Conflict is often productive: struggle over the nature of global governance builds structures, but that process of structure-building is never finished. So long as we all continue to work on the project, however, there is a productive and useful sense that we are all in this together.
Introduce your own examples of successes and failures for the international legal system.
Failures: One example, obviously, is the ECHR. There, the United Kingdom has not been implementing for years the Hirst line of judgments by the ECtHR on voting rights of inmates. The same holds true for Bosnia and Herzegovina not implementing the Sejdic-Finci judgment, and finally and most recently, also for the Russian Constitutional Court, when denying enforcement of the Yukos judgment of the ECtHR, such judgment allegedly violating the Russian constitution (for a debate see here). It seems that it is quite possible, to say the least, that more contracting parties of the ECHR might follow suit.
As far as the ICC is concerned, there is obviously a whole set of contracting parties of the Rome Statute not surrendering Sudanese President Al Bashir in violation of their obligation to do so. They do so despite decisions of the ICC which are legally binding upon them regardless of how these States perceive the legal situation. Finally, we have also seen China (see here) and the Russian Federation (see here) first not participating in arbitral proceedings, and later not implementing arbitral awards under Annex VII UNCLOS (and previously Russia neither implementing an ITLOS order on provisional measures, see here).
World Criminal Court Rejects Probe Into U.S. Actions In Afghanistan. The ICC’s decision comes just days after the United States, which had already issued threats to the court, revoked the chief prosecutor’s visa because the investigation involved crimes committed by USA forces.
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The Americans announced the suspension of their participation in the treaty on intermediate- and shorter-range missiles, the beginning of the formal withdrawal from this treaty, and announced that they would not consider themselves bound by obligations under this document.
The ongoing confrontation in the disputed Kashmir region has become one of the greatest human rights crises in history, marked by wanton killings, rape, incarceration of leaders and activists, torture and disappearances of Kashmiris, despite several unimplemented UN resolutions over the issue.
Pluses: Decolonization and rise of states from the “periphery,”
The rise of human beings as subjects of international law, and attendant changes to rights and obligations conceived in terms of international law.
Text: On the other hand, these episodes can be contrasted with the successful UN-led efforts to bring self-determination and then independence to East Timor in 2002, the groundbreaking establishment and operation of the International Criminal Court responsible for prosecuting individuals for violation of fundamental international human rights and the continuing impact of the International Court of Justice in regulating states’ use of the world’s oceans and their natural resources
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy, and to further the goal of achieving nuclear disarmament and general and complete disarmament.
The Partial Test Ban Treaty (PTBT) is the abbreviated name of the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, which prohibited all test detonations of nuclear weapons except for those conducted underground.
7. What is the author’s attitude towards the International Criminal Court? Why is it criticized? He thinks that establishment of the ICC is one of the successful part of the international law because he uses an adjective «the groundbreaking». Criticism: While the ICC was established as an impartial court, its possibilities to act are in reality limited and shaped by political interests. The court has navigated this dilemma by carefully balancing the ideal—an apolitical approach merely based on the law—and a more realistic approach, thus, accommodating the interests of the governments involved
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8. Prove the fact that ‘international law’ exists as a system of law.
9. Compare and contrast international law with municipal or domestic law. Distinguishing features:
1) subject of regulation. National law regulates the relations between the state and individuals or legal entities which are limited by the borders of the state. International law regulates the relations between subjects of international law, international organizations etc.;
2) the way to create legal norms. Rules of national law are created as a result of unilateral legal superior, while the rules of international law are created by its subjects as a result of agreement of will;
3) sources of law. By the way international legal rules are expressed in the form of international treaties, customs and acts of international organizations. As a rule municipal law system have more sources than that, for instance, normative acts, judicial decisions etc.
4) subjects of law. The subjects of domestic law are: the state, state bodies and officials, subjects of the federation, local governments, legal entities and individuals, etc. The subjects of international law don’t include legal entities (for instance).
10. What trend does the establishment of International Criminal Court illustrate? What does it mean? Trend: the re-casting ( пересмотр ) of international law as a system based less on state sovereignty and more on individual liberty. It means
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