Describe briefly the following:
The Roles of International Law
The first role of international law is to arrange for the cooperation most actors wish to have most of the time. Without rules to develop and sustain multiple kinds of positive interactions, international relations would be little more than a set of states co-existing in an atmosphere of constant worry over security[ЖА1] threats. The “law of nations,” as these rules are sometimes called, is at least a cornerstone, if not the foundation, of modern international relations.
Another essential role is that international law identifies the membership of an international society of sovereign states. Under law, states are granted formal recognition[ЖА2] as members of the international society, and given rights and duties within this society. Enjoying membership, states can engage other states over competitive as well as mutual interests through diplomacy and at the forums[ЖА3] of numerous organizations and international conferences. Additionally, there are non-state actors as well participating in international society, such as the United Nations, revolutionary movements, and even individuals in some circumstances. Non-state actors have a lesser degree of legal standing [ЖА4] reflecting the continued primacy of the state over other actors sharing international society.
The law is also a mechanism to regulate the competing interests of the various actors and to carry their agreements into the future. International law helps constrain[ЖА5] the ensuing political struggle by providing diplomatic and judicial options such as arbitration[ЖА6] . States mostly accept international society, underpinned[ЖА7] by a legal system, because they see the possibility of protecting what they have or making some gains with minimum costs.
International law as well empowers weaker countries as they press for change against the will of the powerful. In diplomatic conferences and international organizations, where strength is partly measured in votes, small and medium-sized states have sometimes won the day. For instance, at the Law of the Seas Conference, 1958–82, the majority of states successfully pressed for a 12-mile offshore territorial jurisdiction to replace the traditional three-mile limit. The Soviet Union and the United States, despite being Cold War adversaries[ЖА8] , wanted the three-mile jurisdiction to remain in place as an international rule. This traditional rule, dating back to the seventeenth century would leave them with a greater expanse of ocean for their powerful blue water navies. Superpowers on occasion have had to bend their knees in a world conditioned by the existing law as well as by a majority of states pressing for new law.
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As international law channels and controls the push and pull of politics, it can sometimes serve as an instrument[ЖА9] to promote justice.
Finally, the most interesting and ambitious role of international law is the outlawry[ЖА10] of war. Historically, leaders regarded war as the ultima ratio Regis (or the ultimate means of a king), but in the twentieth century, a sea change occurred when war ceased being a legitimate option of foreign policy. Eliminating[ЖА11] war as a normal means of international politics were core elements of the League of Nations’ Covenant and the UN’s Charter. Should war break out anyway, international law is sufficiently prepared so that if jus ad bellum (law to begin war, but often understood as war for a just cause) is violated, jus in bello (law of war) goes into effect. The intent of this momentous reform was to move political conflict into diplomatic and judicial channels. Toward this end, international law offers many options for conflict resolution[ЖА12] short of war.
Define the following terms:
Recognition - 1. Confirmation that an act done by another person was authorized. See RATIFICATION. [Cases: Principal and Agent (~::> l70(2).] 2. The formal admission that a person, entity, or thing has a particular status; esp. a nation's act in formally acknowledging
legal standing - A party's right to make a legal claim or seek judicial enforcement of a duty or right .• To have standing in federal court, a plaintiff must show (1) that the challenged conduct has caused the plaintiff actual injury, and (2) that the interest sought to be protected is within the zone of interests meant to be regulated by the statutory or constitutional guarantee in question. Also termed standing to sue. Cf. JUSTICIABILITY. [Cases; Action Federal Civil Procedure 103.1.]
arbitration - A method of dispute resolution involving one or more neutral third parties who are usu. agreed to by the disputing parties and whose decision is binding. - Also termed (redundantly) binding arbitration. Cf. MEDIATION (1). [Cases: Alternative Dispute Resolution Gc::: 111.] - arbitrate, vb. arbitral, adj.
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an instrument - 1. A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract, will, promissory note, or share certificate. - Also termed legal instrument. 2. Commercial law. An unconditional promise or order to pay a fixed amount of money, with or without interest or other fixed charges described in the promise or order. - Under the UCC, a promise or order must meet several other specifically listed requirements to qualify as an instrument. UCC § 3-104(a). See NEGOTIABLE INSTRUMENT. 3. A means by which something is achieved, performed, or furthered <an instrument of social equality>.
resolution - 1. Parliamentary law. A main motion that formally expresses the sense, will, or action of a deliberative assembly (esp. a legislative body). - A resolution is a highly formal kind of main motion, often containing a preamble, and one or more resolving clauses in the form, "Resolved, That ...."; 2. Formal action by a corporate board of directors or other corporate body authorizing a particular act, transaction, or appointment. - Also termed corporate resolution; 3. A document containing such an expression or authorization. the existence of another nation or national government.
3. Parliamentary law. The chair's acknowledgment that a member is entitled to the floor <the chair recognizes the delegate from Minnesota>. See PRECEDENCE (4). "When any member desires to speak or deliver any matter to the house, that person should rise and respectfully address the presiding officer. When the presiding officer recognizes the member by calling the member by name or by indicating recognition, that person is entitled to the floor and may address the body or present a matter of business, but may not yield the floor to any other member." National Conference of State Legislatures, Mason's Manual of Legislative Procedure § 91, at 76-77 (2000). 4. Tax. The act or an instance of accounting for a taxpayer's realized gain or loss for the purpose of income-tax reporting. Cf. NONRECOGNITION PROVISION; REALIZATION (2). [Cases: Internal Revenue ~3115, 3178; Taxation ~3466.] 5. An employer's acknowledgment that a union has the right to act as a bargaining agent for employees. [Cases: Labor and Employment ~1160.] 6. Int'llaw. Official action by a country acknowledging, expressly or by implication, de jure or de facto, the existence of a government or a country, or a situation such as a change of territorial sovereignty. (Cases: International Law ~4.] 7. RULE OF RECOGNITION. - recognize, vb.
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Describe briefly the following:
- the Law of the Seas Conference, 1958–82
The First United Nations Conference on the Law of the Sea (UNCLOS I) from February 24 until April 29, 1958. UNCLOS I adopted the four conventions, which are commonly known as the 1958 Geneva Conventions:
- The Convention on the Territorial Sea and Contiguous Zone;
- The Convention on the High Seas;
- The Convention on Fishing and Conservation of the Living Resources of the
- High Seas; and
- The Convention on the Continental Shelf.
While considered to be a step forward, the conventions did not establish a maximum breadth of the territorial sea.
The Second United Nations Conference on the Law of the Sea (UNCLOS II) from March 17 until April 26, 1960. UNCLOS II did not result in any international agreements. The conference once again failed to fix a uniform breadth for the territorial or establish consensus on sovereign fishing rights.
The Third United Nations Conference on the Law of the Sea (UNCLOS III) [ЖА13] from 1973 to 1982. UNCLOS III addressed the issues bought up at the previous conferences. Over 160 nations participated in the 9-year convention, which finally came into force on November 14, 1994, 21 years after the first meeting of UNCLOS III and one year after ratification by the sixtieth state. The first sixty ratifications were almost all developing states.
- the League of Nations’ Covenant
Final amended text was adopted on April 28, 1919, by the unanimous decision of the conference. The Covenant was a short and concise document of 26 articles. Articles 2–5 created the directing organs of the League: an Assembly composed of representatives of all members and a Council composed of representatives of the United States, Great Britain, France, Italy, and Japan as permanent members, with four others elected by the Assembly. Articles 6 and 7 created a permanent Secretariat, provided for the expenses of the League, and named Geneva as its headquarters. Articles 10–17 embodied what may be called the central and basic idea of the League: collective security, together with the various procedures for peaceful settlement of disputes. By Article 12, all bound themselves to submit all serious disputes to peaceful settlement or to inquiry by the Council and in no case to resort to war until these procedures had had time to lead to a settlement. Even then, if no settlement were reached, they promised to wait a further three months before going to war. The various methods of settlement—arbitration, legal procedure, or action by the Council or the Assembly—were then set out in some detail (Articles 13–15), and these provisions included the establishment of a permanent international court.
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https://www.britannica.com/topic/League-of-Nations/The-Covenant#ref1246104
- the UN’s Charter
The foundational treaty of the United Nations, an intergovernmental organization. It entered into force on 24 October 1945, after being ratified by the original five permanent members of the United Nations Security Council. The Charter consists of a preamble and a series of articles grouped into chapters. The preamble consists of two principal parts. The first part contains a general call for the maintenance of peace and international security and respect for human rights. The second part of the preamble is a declaration in a contractual style that the governments of the peoples of the United Nations have agreed to the Charter and it is the first international document regarding human rights. The Purposes of the United Nations are to maintain international peace and security, to take effective collective measures for the prevention and removal of threats to the peace, to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, promoting and encouraging respect for human rights and for fundamental freedoms. There are established as principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice and a Secretariat. Members shall act in accordance with the following Principles: sovereign equality of Members; good faith; settlement of international disputes by peaceful means; refrain from the threat or use of force etc.
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