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#11
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Objects and Purposes of International Law
Objects and Purposes of International Law Objects of International Law: An object of Public International Law is merely indirectly vested with rights and obligations in the international sphere, e.g. a Filipino private citizen is generally regarded not as a subject but an object of Public International Law because, while he is entitled to certain rights which other states ought to respect, he usually has no recourse except to course his grievances through the Republic of the Philippines and its diplomatic officers. Following are some of the important objects of international law: 1. Utility general, in so far as it consists in doing no injury to the other nations respectively, having the regard which is proper to its own well-being. 2. Utility general, in so far as it consists in doing the greatest good possible to other nations, saving the regard which is proper to its own well-being. 3. Utility general, in as far as it consists in the given nation not receiving any injury from other nations respectively, saving the regard due to the well-being of these same nations. 4. Utility general, in so far as it consists in such state receiving the greatest possible benefit from all other nations, saving the regard due to the well-being of these nations. It is to the two former objects that the duties which the given nation ought to recognize may be referred. It is to the two latter that the rights which it ought to claim may be referred. But if these same rights shall in its opinion be violated, in what manner, by what means shall it apply, or seek for satisfaction? There is no other mode but that of war. But war is an evil---it is even the complication of all other evils. 5. In case of war, states shall settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered; also states make such arrangements, that the least possible evil may be prod 6. States shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations. 7. The duty not to intervene in matters within the domestic jurisdiction of any state. 8. The duty of states to cooperate with one another. 9. The principle of equal rights and self-determination of peoples. All States enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political or other nature. 10. The principle of sovereign equality of states. In particular, sovereign equality includes the following elements: (a) States are juridically equal; (b) Each state enjoys the rights inherent in full sovereignty; (c) Each state has the duty to respect the personality of other states; (d) The territorial integrity and political independence of the state are inviolable; (e) Each state has the right freely to choose and develop its political, social, economic and cultural systems; (f) Each state has the duty to comply fully and in good faith with its international obligations and to live in peace with other states." (cf. Principle No. 6 of the main body of the "Declaration" in Magallona, 104). Cultural Objects: During the twentieth century the belief that the protection of cultural property is causes for international concern and requires international cooperation has met with increasing acceptance. At the end of World War II, there was little international law relating specifically to cultural heritage. The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), the first significant step taken to remedy this situation, remains to this day one of the most important pieces of international legislation for the protection of cultural objects. The preamble to the Convention asserts that "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world,"27 that "the preservation of the cultural heritage is of great importance for all peoples of the world and that it is important that this heritage should receive international protection."28 Article 4(3) of the Convention requires those countries bound by it to "undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism against, cultural property."29 Purposes of International Law: International law is primarily a system regulating the rights and duties of states inter se. so much is hinted at in the very title ‘International law’, or in another title frequently given to the subject –‘the law of nations’, although strictly speaking the word ‘nation’ is only a crude way a synonym for the word ‘state’. Indeed, it is very good practical working rule to regard international law as mainly composed of principles whereby certain rights belong to, or certain duties are imposed upon states. Nevertheless, although the principal component of the system is represented by binding rules, imposing duties and conferring rights upon states, international lawyers have now increasingly to concern themselves with desiderata. Guidelines, and recommended standards expressed in a non-binding form (e.g., as in the declaration adopted by the united nations general assembly, the recommendations of the international labor conference, and the recommendation of the periodical consultative meetings held under the Antarctic treaty of 1959), but which many states concerned feel constrained to observe. Further relatively recent examples are those of the guidelines contained in the code of practice on safety and health in the construction of fixed offshore drilling installations in the petroleum industry adopted by the international labor organization (ILO) in 1981, and the international code on the marketing of breast milk substitutes approved by the world health organization (WHO) in the same year. These may indeed eventually evolve into binding legal rules, e.g., by general acceptance or approval (cf art IX, Para 4 of the treaty on Antarctica of 1959, under which recommended measures may become ‘effective’ upon approval by the parties concerned) There are, apart from these, the co-called ‘gentlemen’s agreements’, i.e., accepted undertakings governing, e.g., the equitable allocation to different regions of the world of the number of judges of the international court of justice that may be elected from the countries of each particular region, or the pattern of the number of members for each region to be elected to the united nations international law commission. The main object of the international law has been to produce an ordered rather than a just system of international relations, yet in later developments (for example, in the rules as to state responsibility concerning denial of justice, and in the rules and practice as to international arbitration) there has been evidence of some striving to ensure that, objectively, justice be done between states. Moreover, apart from seeing that states receive just treatment, the modern law of nations aims at securing justice for human beings. It is significant further that the word ‘justice’ appears in the titles respectively of the permanent court of international justice and its successor the international court of justice, both being judicial tribunals set up to decide disputes between states and to give advisory opinions according to the international law. That justice is a primary purpose of the law of nations emphasizes its kinship to state law. |
The Following 4 Users Say Thank You to Fassi For This Useful Post: | ||
Almasha Alfarsi (Wednesday, September 09, 2015), SAMEYA AROOJ (Saturday, January 19, 2013), yasiiqbal (Thursday, February 20, 2014), Zara Sheikh (Wednesday, December 26, 2012) |
#12
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Cases
Can u post details and decisions of following cases?
« Clarence Thomas and Anita Hill Case « American Diplomat Case « Lotus Case « Scotia Case « Chorzaw Case
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"Wa tu izzu man-ta shaa, wa tu zillu man-ta shaa" |
#13
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@fassi
bro can u mail these notes to me..???or upload complete notes of international law here?? i shall be so thankful... |
#14
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need guidence in public add and international law.
aoa. i need help in international law and public add.
syllabus mean international law ky :law of sea, icj and uno,important cases directed by permanent court of international justic hainn.. Mujhay ye semjh nhe a rehi, es mean kitna data or ks ks angle sy add krna hai. important cases mean kon sy cases lanay hain?? like law of sea: es mean agencies created by unclos, Environmental Considerations etc b add krna hai?? plllzzz help me.. tyme kam hai or krny ko kam zayda. |
#15
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g bilkul krna tha add is k elawa aur b bht kuch krna tha add wesy to waqt b guzar gya int-law se int-rel behter tha if u r not a law degree holder
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#16
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Well!!
Go to the site given below , and you people will find notes related to international law . Actually , this member has shared most of the material taken from this site . International Law Notes
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''Sufficient for us is Allah , and He is the best Disposer of affairs" Al-Quran |
The Following 2 Users Say Thank You to Muhammad Ali Chaudhry For This Useful Post: | ||
Almasha Alfarsi (Wednesday, September 09, 2015), malikimrans999 (Saturday, August 29, 2015) |
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