International Law Principles Rules II

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International law principles rules, and standards that govern nations and other participants in

international affairs in their relations with one another . international law is the law of the

international community, most international law consists of long-standing customs.

Provisions agreed to treates , and generally accepted principles of law recognized by nations.

Some international law is also created by the rulings of international courts and organizations.

The purposes of international law include resolutions of problems of a regional or globe

scope ( such as environmental pollution or globe warming), regulations areas outside the

control of any one nation (such as outer space or the high seas). And adoption of common

rules for multinational activities (such as air transport or postal service). International law

also aims to maintain peacefull international relation when possible and resolve international

tensions peacefully when they develop, to prevent needless suffering during wars , and to

improve the human condition during peace time.

Envorcement of international law is often difficult, because nations are sovoreign

(independent). Powers that may put their own interests ahead of those of the international

community . in addition, the mechanism of enforcement are young and not well developed .

enforcement may be effectively achieved. However, through the actions of individuals

nations, agencies of international organizations such as the united nations (UN) . and

international courts . the united nations security council can authorize economic sanctions,

diplomatic sanctions, or millitary force to maintain or restore international peace and security.

International law begin as a system governing the relations among sovereign states, and states

have always been the primary legal entities affected by international law. As the global

system has become more complex, however, international law has come to recognize and
regulate international organizations, business, nonprofit entities, and individuals. The

emergence of international human rights law and, more recently, international criminal law

reflects the fact that individuals today aredirects subject of international law in certain

respects.

II. ORIGIN

The need for rules of conduct between independent political entities developed along with

government and ancient times. Early civilizations established rules governing the conduct of

hostilities. The making and observence of treatis , and the treatment of foreign traders,

travelers, and diplomats. These rules were often based on ritual and custom. The oldest

known treaty, preserved in inscription on a stone monument, is a peace treaty between two

city-states of sumer . dating from about 2500 bc . the empires of the ancient middle east

concluded a considerable number of treaties between 1000 and 2000 bc. Concerning topics

still debated today, such as the extradition of fugitives and the creation of millitary alliancess.

Later civilizations further developed tenets of international law. Jewish law as set forth in the

old testament in the book of deutoronomy contains perceptions for the mitigation of warfare,

notably prohibitions against the killing of the women and children. The greek city-states had

an elaborate treaty system governing many aspects of their mutual relations. In Asia, the

political units of ancient india and china, during certain periods, also developed and applied

international law.

Beginning with the era of the roman republic (509 to 27 bc), the romans made significant

contributions to the evolution of international law. They developed the idea of a jus gentium,

a body of law designed to govern the treatment of aliens (noncitizens) subejct to roman rule
and the relations between roman citizens and aliens. They recognized the principle the duty

of a nation kto refrain from enngaging in warfare without a just cayse and originated the idea

of a just war.

Modern international law began to develope with the rise of national states in europe after the

15th century. When the basic idea of national territory and jurisdiction were established in

1625, building on the work of previous legal writers, the dutch jurist huge grotius published

his celebrated treatise De Jure Bell ac Pacis ( on the law of war and peace). Grotius argued

that exixting customs governing the realations between nations had the force of law and were

binding unless contrary to natural justice or the law of nature (natural law) . an immutable

higher law governing all human conduct. Grotius’s influence on international affairs and

settlement of wars was great. And he is sometimes called the father of modern international

la. His ideas became the cornerstone of the international system as established by the peace of

westphalia (1648), a treaty that ended the thirty years war.

Other scolars and statesmen further described and developed the basic rule of international

law. among them the dutch jurist cornelis van bynkershoek and the swiss diplomat emmerich

de vattel . vattel’s book, le droit des gens (1758; law of nations ). Greatly influenced the

farmers of the consttitution of the united states with its ideas of natural law governing the

behavior of states. Over time schoolars gave increasinf emphasise the idea of state

sovereignty, so that, by the end of the 19th century the theoretical foundation of international

law had shifted from natural law to a strictly consensual approach known as positivism and

adherents of natural law continuous today. Conflicts is most pronounced over the issue of

wheter there are fundamental “higher norms” of international law. A principle called

juscogens, that souvereign states are obliged to respect.

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