Sovereignty and International Law MIYOSHI Masahiro Professor Emeritus of International Law Aichi University‚ Japan Abstract Despite occasional claims for a fade-out of the Westphalian concept of State sovereignty‚ the international community does in fact continue to depend on it. The Marxist doctrine once predicted the fate of the concept‚ but developing countries‚ while adopting Marxist teachings in their criticism of the traditional international legal institutions‚ have tended to reinforce
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The Justification of the Struggle against the Slave Trade in International Law Slavery in International law is defined by several treaties‚ declarations and conventions. The justification against slave trade is non-derogable under the comprehensive international and regional human rights treaties‚ incorporating the international covenant on civil and political rights‚ the American Convention of Human Rights‚ and the European convention for the protection of human rights and fundamental freedoms
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torture as jus cogens of international law’ Artan Sadiki Introduction The time when states could completely rely on their national sovereignty without being bounded erga omnes by any rule of a higher instance marked the period of classical international law. Since that time there have been a lot of progressive developments followed by the evolution of the international community that contributed to the shift from the individualistic approach towards the international law by the states‚ to an
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and the development of international law. Introduction International law is defined as :“A body of rules common to all civilized nations‚ equally binding upon all and impartially governing their mutual intercourses.” On the other hand‚ the term ethics‚ with reference to the Oxford dictionary ‚ simply means Moral principles that govern a person’s behavior or the conducting of an activity. The question then arises how does ethics play a role in international law? For the purpose of this
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What is meant by state recognition in international law INTRODUCTION Some definitions of “international law” can be found on the Web as follows: “The body of laws governing relations between nations”‚ “International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards‚ differing from other legal systems in that it concerns nations rather than private citizens. ...”‚ “A complex
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------------------------------------------------- Contributions of the IMT at Nuremberg and the IMTFE to the modern law of International Criminal Law Undoubtedly‚ major development in international law has occurred in recent years through the establishment of several tribunals and their statutes. There have been several criticisms concerning the decisions delivered by those tribunals mainly arguing that they were biased and illegitimate for numerous reasons. They were accused of being unfair and
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Public International Law Case Study By: Benedicte Akambu Module Code: LG134 Student Number: 14553233 Question One a) Explain the concept of state sovereignty. When we look at the concept of state sovereignty‚ first of all we must look at the word sovereignty. We may ask ourselves questions like what does the word mean‚ what is the concept driven behind this
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How is the Term "Armed Conflict" Defined in International Humanitarian Law? International Committee of the Red Cross (ICRC) Opinion Paper‚ March 2008 The States parties to the 1949 Geneva Conventions have entrusted the ICRC‚ through the Statutes of the International Red Cross and Red Crescent Movement‚ "to work for the understanding and dissemination of knowledge of international humanitarian law applicable in armed conflicts and to prepare any development thereof"1. It is on this basis that
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Aviation Law and Space Law Aviation Law -Air space – customary law since First W.W. That aircraft from one state have right to fly over the high seas‚ but never over territorial sea of another state -Art.1 1944 Chicago Convention on International Civil Aviation: “every state has complete and exclusive sovereignty over the space above its territory” -It is a serious breach of international law for a state to order to violate the air space of another state (for e.g. USA military aircraft attacked
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Introduction The International community has become a vast assortment of treaties and agreements and institutions after WWII. The topic of this paper is on the new international customs developed in response to terrorism focusing on the actions from the US after September 11th 2001. Part One: What is Customary Law? The international community was built on centuries of traditions‚ actions and lessons learned. These actions of history were recorded and eventually created into law. This beginning
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