...NIRMA UNIVERSITY INSTITUTE OF LAW TERM ASSIGNMENT II ON “JUS COGENS IN CONTEXT OF INTERNATIONAL LAW” IN THE SUBJECT OF PUBLIC INTERNATIONAL LAW SEM. VIII SUBMITTED TO: Mr. NADEEM KHAN ASSISTANT PROFESSOR SUBMITTED BY: DEEPAK TIWARI 11BBL118 SEC. - D JUS COGENS IN CONTEXT OF INTERNATIONAL LAW INTRODUCTION The term “jus cogens” refers to norms that command peremptory authority, overriding conflicting treaties and custom, in international law. The modern international law doctrine of jus cogens asserts the existence of fundamental legal norms from which no derogation is permitted.'1 The status of norms of jus cogens as general international law, Onuf and Birney argue, Is not a logical necessity so much as a compelling psycho-logical...
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...The international system has been in transition from the patterns of relations or inter dependence amongst states; i.e. economic, military or political to the major actors in the international scene. With the increased globalization and technological advancements, the international system has embraced non state actors such as international organizations, non-governmental organizations (NGO’s), Multinational corporations etc. which have emerged on the international legal landscape playing an important a role in virtually every aspect of international law. The advent of non-state actors such as inter governmental organization, non-governmental organizations, individuals, peoples or trans-national corporations has changed the outlook on contemporary international law. Non state actors have become a constant factor in modern international relations and they play a vital role in almost every field of international law and regulation. Amongst non state actors in the international system, international organizations are the most functional and they hold prominent position in the creation of international law. A major difference between the 19th and 21st century international law is the prominent position now occupied by international organizations. International Organizations International Organizations are established by States through international agreements and their powers are limited to those conferred on them in their constituent document in other words, they enjoy vary...
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...Summary International Law Week 1: International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law. * Created primarily by states. * The fact that rules come into being in the manner accepted and recognized by states as authoritative, is enough to ensure that ‘law’ exists. * When a country breaches international law, the Security Council may take enforcement action, or it can result in the loss of corresponding legal rights and privileges. * However, international law lacks many of the formal institutions present in national legal systems. * The International Court of Justice is the judicial organ of the UN and the ICC deals with serious violations of international law of individuals. There are also a few ad hoc tribunals that are concerned with discrete issues of international law. * Another disadvantage is that the system of flexible and open-ended rules is a lack of certainty. Effectiveness: - International law is needed in order to ensure a stable and orderly international society. - There is a psychological barrier against breaking international law, simply because it is law. - The practitioners of international law may have a ‘habit of obedience’ derived from their own training as national lawyers which serves to encourage respect for international law. Weaknesses: - Lack of formal institutions present in national legal systems. - Customary law-making process...
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...Prinicples of Intl Law 27/10/2014 Subjects of Intl Law A subject of international law is an entity capable of possessing the rights and duties under international law. The entity has the capacity to take certain types of actions on the intl arena. The term international legal person is commonly used in reference to such entities. Issues of whether and entity is a subject if international law arise in various context, such issues arise in relation to the following questions: * Does the entity have the capacity to make treaties which are governed by international law? * Does the entity have the capacity to make claims for breaches of international law? * Does the entity enjoy privileges and immunities from national jurisdiction? * Does the entity possess membership or can participate in international organizations? States are the main examples of international persons and in the past it was argued that only states could be international persons. Today other entities may be international persons, but it is the rights and duties which states have international law which serve as a yard stick for assessing which other entities are international persons. To a lesser extent cooperation’s and individuals can also be persons under international law when they are accorded rights and duties at the international level. States The Montevideo Conventions on the rights and duties of states has been accepted...
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...* International law * The new millennium * International vs. national * Codification * Natural law * Sovereignty * International conflict Sources of international law * Judicial decisions and the teachings of the most qualified publicists in the various nations * International conventions * International customs as evidence of a general practice accepted as law * General principles recognized by civilized nations International treaties and conventions Treaties | Conventions | Considered more serious in scope and function than conventions (for example, peace treaties and border treaties) | Sponsored by an international organization | Must be ratified by the states involved | Negotiated issues are often included in the title | International customs General practices are accepted as law: * Majority of world states recognize the authority of international customs * Must provide evidence of general practice * Accepted as law even if they are not codified (if practiced consistently over time by a majority of world states and if the custom is based in universal morality) General principles of law * What general principles are recognized by all legal systems? * Natural justice * Due process Subsidiary and other sources of international law * Subsidiary Sources * Judicial decisions * Juristic writings * Other Sources * Arbitration * Acts of international...
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...The Subject, Object, Addressee and Source Analysis of The Right to Development (RTD) | 2011 | By Giday Meles | | The Right to Development The Declaration on the Right to Development which clearly stated that the right to development (hereafter RTD) as a human right was adopted by the United Nations in 1986 by an overwhelming majority, with the US casting the single nonconforming vote. The concept of the RTD attracted much attention after it was incorporated in the Declaration on the Right to Development. In spite of such incorporation, however, it is far from clearly establishing the source, content, subject and addressee under the realm of international law and as result it has been subject of contention. By taking what has been stated above as a background, this paper examines the narratives on such issues as ‘the right to development’; ‘the source of right to development’; ‘subject of the right to development’; the object of the right to development’ and ‘the addressee analysis’. In terms of methodology, the paper uses information that will be gathered from books, articles, declarations and covenants as well as official legal documents, and others. The first article of the Declaration on the Right to Development puts the concept of the right to development as ‘an inalienable human right by virtue of which every human person and all peoples are entitled to participate in and contribute to and enjoy economic, social...
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...commonly recognized principles of equality and self-determination of the peoples, honoring the memory of our ancestors, who have passed on to us love of and respect for our homeland and faith in good and justice, reviving the sovereign statehood of Russia and asserting its immutable democratic foundations, striving to secure the well-being and prosperity of Russia and proceeding from a sense of responsibility for our homeland before the present and future generations, and being aware of ourselves as part of the world community, hereby approve the Constitution of the Russian Federation. First Part Chapter 1 Fundamentals of the Constitutional System Article 1 [Russian Federation] The Russian Federation -- Russia is a democratic federal rule-of-law state with the republican form of government. The names "Russian Federation" and "Russia" are equivalent. Article 2 [Protection of Human Rights] Humans, their rights and freedoms are the supreme value. It is a duty of the state to recognize, respect and protect the rights and liberties of humans and citizens. Article 3 [The Multinational People] (1) The multinational people of the Russian Federation is the vehicle of sovereignty and the only source of power in the Russian Federation. (2) The people of the Russian Federation exercise their power directly, and also through organs of state power and local self-government. (3) The referendum and free elections are the supreme direct manifestation of the power of the people. (4) No one may arrogate...
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...Handbook on International Moot Court Competitions Preparation & Research Methodology This Handbook is intended to serve as a starting point in the preparation for International Moot Court Competitions. In doing so, it explains what international mooting is, the research methodology involved and the most useful resources available for its preparation. It also provides for the approach one needs to adopt in both oral and written requirements of an international competition which significantly differ from national mooting. The objective behind providing this Handbook is the institutionalisation of standard mooting practices. To this end, it documents the most commonly agreed to and widely followed methods of mooting. It needs to be emphasised that this Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International...
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... UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total Fourth Semester Paper Code LLB 202 LLB 204 LLB 206 LLB 208 LLB 210 SUBJECTS L 4 4 4 4 4 4 4 28 ...
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...Traditionally, international law consisted of rules and principles governing the relations and dealings of nations with each other, though recently, the scope of international law has been redefined to include relations between states and individuals, and relations between international organizations. Public international law, concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. In contrast, Private international law deals with controversies between private persons, natural or juridical, arising out of situations having significant relationship to more than one nation. In recent years the line between public and private international law have became increasingly uncertain. Issues of private international law may also implicate issues of public international law, and many matters of private international law have substantial significance for the international community of nations. Contract law is defined as an agreement made between two or more parties who promise to perform or to not perform specified acts, which agreement creates for each party a legal duty and the right to seek a remedy for breach of that duty. It falls under the category of civil law (concerning relations between individuals or companies), although the state courts may intervene to settle dispute between conflicting parties (International Trade). “One key element of international contract law includes the provision that the parties'...
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...Contract Law LAW OF CONTRACT Name: Institution: A contract can be simply defined as an agreement made by parties that is legally binding by its nature. It can also be defined as legally binding set of promises or promises (Lawrence & Elizabeth, 2007). A breach of any aspects of the agreement or a promise that constitutes a contract will lead to a subsequent remedy from the party that has been accused of the breach. The law of contract as shall be later discussed has provided for such remedies. The obligation to perform the duties that the law recognizes the contractual document or agreement specified. This defining characteristic of the contract is broadly known as enforceability. A contract is thus an agreement that is deemed enforceable. However, it is worthy to point out that while it is generally acceptable that all contracts are agreements, the reverse is not true. Not all agreements constitute a contract. The law of contract may classify contracts as follows: specialty or written contracts, contracts that are evidenced in writing, contracts that are under a seal and simple contracts. Specialty contracts are contracts, which the law specifies that they must be written. A formal structured document embodies a specialty or written contract. Examples of contracts that the law classifies as specialty contracts include insurance contracts like marine insurance, lease and hire purchase agreements and the contracts that will put in place proceedings that are...
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...• Positivism • Realism • International law • Conclusion • List of works cited Introduction Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population. Definitions The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for compensation in the case of loss of or damage of personal property (Byers 22). Criminal law establishes the way and reasons for perpetrator prosecution. Constitutional law protects the human rights as...
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...Westminster International University in Tashkent International Aspects of Business Law 2012 - 2013 Legal Risks in Emerging Markets – Evaluation and Mitigation Legal Risks in Emerging Markets – Evaluation and Mitigation Student’s ID number | 000090 | Module name | International Aspects of Business Law | Module code | 6241170 | Tutor | Eldor Mannopov | Individual assignment | x | Group assignment | | Submission deadline | 13 March, 2013 | For Academic Registrar use only | TABLE OF CONTENTS: INTRODUCTION 3 DEFINING LEGAL RISK LEGAL RISKS IN INTERNATIONAL TRADE LEGAL RISKS COUNTRY PROFILES 4 - MALAYSIA - THAILAND 5 - VIETNAM 7 - CAMBODIA 8 CONCLUSION 9 REFERENCES 10 ITRODUCTION: Cowan PLC specializes in producing copper tubing. Following globalization and internationalization tendencies the company is currently considering an option of exporting...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...since the judge held that the complainant doesn’t have the direct claim right. [1] Besides, Chinese government and individual collectors like Cai Mingchao also made their move against this auction, but China still scarcely makes any material progress in the restitution of the looted legacies throughout. [2] Such case reveals great challenges for countries like China to get back missing or stolen artefacts due to multi-faceted legal problems, and their harvests are often not in proportion with efforts paid. On the other hand, propelled by a huge profit, illegal antique trade has been showing a rampant trend in recent years. Its annual turnover is the second highest in all illegal dealings, merely lower than drug trade. [3] Given the lax law system on the protection of cultural relics and the burgeoning market demand, explicit need is suggested to curb the current situation. Based on the above case and focusing on its universality, this article firstly aims to shed a light on the difficulties in recovering relics. More importantly, in the later part, possible pathways to settle the issue will be discussed, with particular attention to some prospective amendments to...
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