Saturday, November 14, 2015

International law Introduction: definition, origin, subject, sovereignty

1. Definition of international law,

  International law is the law governing the international community. Norms of conduct that is the subject of international law. International law is essentially a sovereign independent state or territorial state legal framework designed to govern the relationship between each other.



2. Enlarge the subject of international law

 Subjects of international law was recognized only country in the past. Lotus Lake in the early 20th century events Permanent Court of International Justice (PCIJ) "The law shall govern the relations between independent states," he said. However, international law since the Second World War, as well as countries, including international organizations, individuals, national liberation organizations have attempted such efforts to expand the subjects of international law. Territorial sovereignty and national independence of the concept has been formed since the time of the Thirty Years' War in 1648 signed the Westphalia Peace sees the treaty as a starting point for the European law.


3. The origin of international law

  Traditionally, the origin of this treaty and customary international law are. Treaty legislation and practices can be found in the oral law. Treaties and conventions can see that allowing everyone because it does not ban "prohibited norms.




4. decentralized international community and sovereignty

  The international community is decentralized society rather than centralized society. Therefore, the parent of a unified national legislature, the judiciary, the executive does not exist. As a result, it is possible the decentralization of power to each country. In addition, there is sovereignty for each country. Sovereignty is the best and has a personality that is independent, internally as externally. National sovereignty since the late 19th century until the early 20th century has been absolutely ensured. But today the sovereignty of the country has been relatively guaranteed. Specifically, it will absolutely respect the sovereignty of individual countries to further Iranian interests than the interests of the entire international community grant absolute rights to the country. Whereas the relative sovereignty means the interests of individual countries may be limited to the interests of the entire international community.

  Nevertheless, the country, except for their self-restraint laws agreed on the basic principles of the international law does not constrain. The formation of international law is the state itself must comply with international law, on the other hand is that the limited information that is being done in the case that limits their sovereignty.


5. Enlarging attemption of origin

  In addition to the traditional origin of treaties and conventions to expand attempt it was made origin. 1920 PCIJ 'general principles of law, defined in Article 38, paragraph 1 (c) has been extended to a third of origin. However, if this is not comparable with those treaties and conventions that do not exist only to serve as a 'supplementary origin. Definition of the general principles of law are the general principles of the legislation approved by civilization. Is a common part with other countries from the national law of the country can be seen as recognition that the origins of international law. The introduction of general principles of law serves to prevent the trial due to the inability to international law, legislative deficiency. The national legislators of international law, established procedures agreed with the need for countries to act inde how to make your own passive restraint referred to the general principles of law were highlighted. In 1960, an attempt to expand the UNGA resolution in origin, but was unsuccessful. Doctrine and case law in the academic world is not recognized origin. International tribunals also have no binding precedent.



6. major organs of the UN

  Representative international organization, the General Assembly as the main body of UN (GA), the Security Council (SC), the Economic and Social Council (ECOSOC), the Trusteeship Council (TC), the Secretariat, the International Court of Justice (ICJ) and the like.

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