Sunday, July 28, 2019

International law in the contemporary world arena Essay

International law in the contemporary world arena - Essay Example t the international level, and traditionally this era is viewed as one in which the League lacked any formal means to enforce decisions related to violations of international law outside of the voluntary agreement of sovereign nations themselves. The League of Nations had a â€Å"Permanent Court of Justice† for judicial hearings of matters related to international law that functioned in a similar manner to the International Court of Justice of the UN. â€Å"The establishment of the Permanent Court of International Justice (PCIJ), the predecessor of the International Court of Justice, was provided for in the Covenant of the League of Nations. It held its inaugural sitting in 1922 and was dissolved in 1946. The work of the PCIJ, the first permanent international tribunal with general jurisdiction, made possible the clarification of a number of aspects of international law, and contributed to its development. Between 1922 and 1940 the PCIJ dealt with 29 contentious cases between States, and delivered 27 advisory opinions.†3 In both the instances of the PCIJ and the ICJ, the constructed nature of international law is evident, as both courts operate with authority and jurisdiction established through the charters of the associated international organizations, the League of Nations and the United Nations. Thus, in joining the larger, international organization, the States themselves agree to the terms and the limitation of sovereignty inherent in the organizations, as well as being bound by the international courts and their enforcement process. However, these organizations must coexist with the a priori of both customary international law and the sovereignty of the nation state domestically, and the traditions may occasionally conflict on matters of interpretation. As Article 38 of the ICJ Statute states: 1. â€Å"The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. internati onal conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto.†4 Within this framework, the charters of the UN and League of Nations can both be classified as â€Å"international conventions† under Article 38:1a of the agreement and customary international law. Customary International Law (CIL), as evidenced by â€Å"

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