The Significance of Sovereignty in Implementing International Law

Law Case Study

1.  What is international law?

International law is that branch of public law which regulates the relations of states and of other entities which have been granted an international community. It is simply the set of rules that countries follow in dealing with each other. The term international law is used interchangeably with law of nations which is an earlier appellation of the subject.

2.  What is the function of international law?

Obviously, the function of international law is to set rules for the administration of the interactions and relationships of countries which are governed by their own municipal or local law.

The absence of international law will result to chaos and various acts of reprisals against states. International laws are also used to promote international peace and security and to foster friendly relations among nations as well as to discourage the use of force in the solution of differences among them. Lastly, international law is also utilized to insure international cooperation in the pursuit of certain common purposes of an economic, social, cultural or humanitarian character.

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3.   Do you agree that the cooperation of the United States is necessary for global treaties to succeed? (Provide a specific example to support your position.)

In line with that, I agree that cooperation of the United States is necessary for global treaties to succeed. A treaty may be defined as the formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations.

In connection, the written provisions of a treaty are binding among and between the parties involved in it. In case of the United States, it entered into important treaties with other countries that changed the relations of countries for the better such as the North American Free Trade Agreement and Nuclear Non-Proliferation Treaty.

4.   What are some examples of international law in our everyday lives?

Moreover, the law on immigration, blockade, as well as extradition treaties is part of our daily lives as these rules affect the relations of one country to another. The travel of citizens from one country to another must be governed by the laws of immigration and other related principles and rules. In criminal cases wherein foreigners are involved, the extradition treaty is applicable.

5.   How does state sovereignty affect international law?

The sovereignty or independence of a country contributes to the effective and efficient implementation of international law. Sovereignty is relevant in international law since a country that does not have freedom to direct its foreign affairs is only considered an object of international law and not as a subject.

6.   and vice-versa, how do international laws affect state sovereignty?

The sovereignty or independence of a country contributes to the effective and efficient implementation of international law. Sovereignty is relevant in international law since a country that does not have freedom to direct its foreign affairs is only considered an object of international law and not as a subject.

7.   Do you think states have to surrender some sovereignty for cooperation and standardization? (Kyoto Protocol)

I also believe that countries must surrender some sovereignty for purposes of cooperation and standardization in relation to specific international laws and agreements. An example of this fact is the Kyoto Protocol wherein member- countries adhere to the provisions of the treaty in order to solve problems relating to climate change.

8.   What are some of the differences between domestic and international law?

In this sense, international law should be deemed a part of the domestic law of each state despite its differences in the manner of implementation and regard by each state.

9.   Are the rights and freedoms that Canadians enjoy universally acknowledged or equally applied throughout the international community? Why or why not?

Besides, the rights and freedoms that Canadians enjoy universally acknowledged or equally applied throughout the international community because it is in line with the rules for international peace, cooperation, and harmony. The concept of pacta sunct servanda and reciprocity are the international standards that must be adopted to protect rights all over the world. However, human rights are difficult to protect at the international level because it is natural upon foreign countries to protect its own citizens who violated the human rights of a foreigner.

10.   What types of international standards must be adopted to protect rights worldwide?

The concept of pacta sunct servanda and reciprocity are the international standards that must be adopted to protect rights all over the world. Pacta sunc servanda is a rule that states who signed in treaties must abide by it in good faith. Reciprocity means that states must mutually respect each others municipal laws and state principles.

11.   Why are human rights difficult to protect at the international level?

Human rights are difficult to protect at the international level because it is natural upon foreign countries to protect its own citizens who violated the human rights of a foreigner. It is the principle of states that their own citizens must not be allowed to be deprived of its rights on its own country.

12.   What are some governmental and non-governmental organizations that are important in dealing with human rights violations?

The United Nations, The Human Rights Commission, The International Convention on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights are example of governmental and non-governmental organizations that deal with human rights violations.

13.   What does the term international collective security mean?

For international collective security, states act together against a particular state to produce what is usually a punitive result. It is presumed that the state against whom the punitive action is dealt with conducted serious violations to human rights and the laws of peace.

14.   What factors contributed to the establishment of the League of Nations after World War I and the United Nations after World War II?

The establishment of the creation of the League of Nations and the United Nations are caused by the will of countries to achieve peaceful and harmonious relationships within the international arena. Without the establishment of both organizations, there would be no peaceful existence among those countries that are involved in World War I and World War II.

15.  What are the primary objectives of the United Nations as stated in its Charter?

With respect to the United Nations, its primary objective include the maintenance of international peace and security in the world, the development of friendly relations among nations, achievement of international cooperation in solving international problems, and the harmonization of the actions of states in order to achieve all these goals.

16.   Is the UN Charter a “constitution” for all nation states? Why or why not?

The UN Charter is also akin to a Constitution, and indeed it is a constitution for all nations states since majority of countries are members of the said organization. It is considered a constitution because the principles of the UN are reflective of what has been fought for by states such as freedom, economic strength, peace and cooperation.

17.  Why is the UN not considered a world government?

But, the UN is not considered a world government because not all states become member of the same. The presence of disparity of opinions and governance among states despite its membership of the UN does not make the said international organization a world government.

18.   Do you believe a world government is possible or desirable? Why?

Finally, I believe that a world government becomes possible to achieve in the future for majority of countries vie for peace and harmony within the international arena and their collective efforts are relevant to the same hope of a world government. With that, a balanced representation among states must be reached if a world government would be developed in order to maintain international peace and order. All things considered, a world government is also desirable because the purpose of governance is for the benefit of all people regardless of color, race, religion, and economic standing.