...Subjects of international law According to the general theory of law, regulated the right to acquire a public relations nature of legal relations are legal relations. By such relations are called subjects of the law. Thus, the subjects of international law – is part of international relations, endowed with the norms of international law, subjective rights and obligations of the subjective. Moreover, in contrast to national law, international law, the subjective right of a subject of international legal obligation is always opposed to the subjective another subject of this relationship. The term “concept” subject of international law “has long served the property only doctrine of international law. But recently it was used in international instruments, in particular in the general (universal) conventions. For example, in art. 3 of the Vienna Convention on the Law of Treaties of 1986 refers to “international agreements to which one or more States, one or more international: the organization and one or more subjects of international law other than States and international organizations.” Throughout the long history of international law, States were the only actors in international relations. The norms of contemporary international law continue to govern mainly the relationship between states and the relations of States with international organizations and other international institutions. States – the main subjects of international law and basic real participants in international...
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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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...Introduction to International Law Does Taiwan qualify as a state under International law? Apply the factual criteria to this and elaborate on the role of recognition by other states. What does this case study contribute to the debate around the nature of International law? ------------------------------------------------- Lecturer: Natalie ------------------------------------------------- Author: Rofhiwa Ramahala ------------------------------------------------- Tutorial Group: 4 ------------------------------------------------- Due Date: 7th March 2016 Introduction Two separate statements made by two high profiled Chinese government officials in 1999 threw the question of Taiwan sovereignty into question. The first statement originated from then President of the government of the Republic of China (or “ROC”) Lee Teng-hui on Taiwan on July 10, 1999 during an interview with a reporter. In the interview he stated that the relationship between China and Taiwan is one of a “special state-to-state relationship”. While in the second statement a spokesperson of the People’s Republic of China (or “PRC”) after a severe earthquake struck Taiwan. The United Nation office for the Coordination of Humanitarian Affairs attempted to send a disaster management team to Taiwan, however then Secretary General Kofi Annan was informed that the U.N. had to ask the government of the PRC for permission to dispatch an aid team to Taiwan. Mr. Annan thus coined the statement of “the Taiwan Province of...
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...and discuss the meaning of international labour law and explore through a rights-based approach the extent of individual rights employment law legislation in CARICOM states. 1|P ag e What is labour law? Before understanding international labour law one must first understand what is labour Law. Simply put by Eaton (2005: p. 109) Labour Law is that part of law that deals with individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the Industrial Relations system, which is dictated...
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...Running Head: International Law International Law Nathaniel Coakley Troy University IR 5552 Dr. James F. Rinehart April 29, 2011 6407 FLATROCK RD #4 COLUMBUS, GA 31907 According to Slomanson, International Law is defined as the body rules that which nations consider binding in their mutual relations. It is assumed that all nations or states mentioned in this definition are a sovereign state. International Law has become much broader in scope with the increase of non-government organizations, the increase globalization, and the rising behavior of multinationals. This paper will describe what is International Law and its purpose. It will answer two important questions. The first being, is International Law a fundamental requirement of a modern, increasingly independent global system of states and non-states actors? The second question, does international law prevent from pursing its self-interest. Before we can really look at International we must compare it to Domestic Law and identify the differences between the two. The first difference is that Domestic Laws operate within the borders of a single state. Whereas, International Law operates on much broader scope than Domestic Law does. The second difference, there is no definite body in International Law. However, Domestic Law can be referred as the guidelines that summarize the union between the government and the citizens. The third difference between Domestic and International Law is in International...
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...international relations; study of the relations among states and other political and economic units in the international system. Particular areas of study within the field of international relations include diplomacy and diplomatic history, international law, international organizations, international finance and economics, and communications, among others. In addition, increased attention has been paid in recent years to developing a more scientific understanding of the international system as a whole. Aspects of international relations have been studied as early as the time of the ancient Greek historian Thucydides. As a separate and definable discipline, however, it dates from the early 20th cent., when the first organized efforts were made to find alternatives to wars in nation-state international behavior. Two schools of thought quickly developed. One looks to strengthened international law and international organizations to preserve peace; the other emphasizes that nations will always use their power to achieve goals and sees the key to peace in a balance of power among competing states. With increased importance attached to a theoretical understanding of the whole international system, there has been a growing use of concepts and modes of analysis developed in the natural sciences in an attempt to improve the verifiability and applicability of theories. In many of the leading U.S. universities there are both research institutes and schools of international relations. See diplomatic...
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...Politics 223 2014 International Relations International event 24316563 E.S Zulu 13.07.2014 Introduction International relation is a fast moving subject of study; it came too recognised as academic discipline. Despite adjective international, the field is concerned with much more than relations between or amongst state. Other actors such as international organisation, Multination Corporation, and terrorist groups are now all of what could more correctively be termed world politics. Different perspectives on the international relations naturally generate debates. In 1930’s realist and idealist argued over the nature of the international politics and the possibility of the peaceful change and the Marxist critics (Paul and Mark, 1987:1-3). International Relations According to Johari (2009:1-39) the international relations are the study of the political and social interaction of state, non-state and individuals. In the recent years the increasing interaction among these actors, coupled with advances in informational technology and the spread of human rights, have raised many new questions for international relations scholars, practitioners, and students. International relations as a discipline is chiefly concerned with what state do on the world stage and in turn, how their actions affect other states, correspondingly states are a common unit of analysis in theories of international relation, many analysis focus on states and their interactions to explain observed patterns...
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...International relations, study of the relations among states and other political and economic units in the international system. Particular areas of study within the field of international relations include diplomacy and diplomatic history, international law, international organizations, international finance and economics, and communications, among others. In addition, increased attention has been paid in recent years to developing a more scientific understanding of the international system as a whole. Aspects of international relations have been studied as early as the time of the ancient Greek historian Thucydides. As a separate and definable discipline, however, it dates from the early 20th cent., when the first organized efforts were made to find alternatives to wars in nation-state international behavior. Two schools of thought quickly developed. One looks to strengthened international law and international organizations to preserve peace; the other emphasizes that nations will always use their power to achieve goals and sees the key to peace in a balance of power among competing states. With increased importance attached to a theoretical understanding of the whole international system, there has been a growing use of concepts and modes of analysis developed in the natural sciences in an attempt to improve the verifiability and applicability of theories. International relations is the study of relationships between nations. When analyzing international relations three...
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...emphasis exclusively on the Indian political system. The fifth and sixth semesters courses deal with public administration and International relations. Course objectives 1. Imparting value based education. 2. Preparing responsible and politically conscious citizens. 3. Building good leadership qualities and responsible future leaders. 4. Understanding the art of government and administration. 5. Motivating students to take competitive examinations. 6. Creating civic sense COURSE STRUCTURE I Semester Course Code POL 131 II Semester Course Code POL 231 III Semester Course Code POL 331 IV Semester Course Code POL 431 V Semester Course Code POL 531 POL 532 VI Semester Course Code POL 631 POL 632 Title Core Concepts of Political Science. Title Major Political Ideologies Title Indian Government and Politics- I Title Indian Government and Politics- II Title International Relations- I Principles of Public Administration Title International Relations- II Personnel and Financial Administration Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 4 4 Marks 100 Marks 100 Marks 100 Marks 100 Marks 100 100 Credits 4 Credits 4 Credits 4 Credits 4 Credits 3 3 Hrs/ wk 4 4 Marks 100 100 Credits 3 3 1 BA SEMESTER I POL 131: POLITICAL SCIENCE PAPER I – CORE CONCEPTS OF POLITICAL SCIENCE 75 Hrs This course deals with basic concepts of political science such as state, government, law, rights etc. Objectives To introduce the students to: • The...
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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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...Introduction The European Union (hereinafter EU) can be described as a sui generis international actor, in other words, a global player. The EU has reached international agreements with countries all over the world, its external relations has become widespread. EU’s foreign policy is ideally linked to the concept of importance with compliance with human rights and democracy principles, which means in other words, conditionality policy. EU´s goal is to ensure that human rights are respected everywhere and the Universal Declaration of Human Rights is an important document in relation with that. Since the early 1990´s the EU has included human rights conditionality clauses in its international agreements, both in international trade agreements...
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...Free University of Amsterdam Faculty of social sciences Department of political science Globalization: The end of state Sovereignty? Ofran Badakhshani: 1586513 Words: 1442 Ofran Badakhshani: 1586513 Written assignment for International Relations Index Introduction......................................................................................................................... 3 Globalization....................................................................................................................... 3 State sovereignty................................................................................................................. 4 Analysis............................................................................................................................... 4 Conclusion .......................................................................................................................... 6 Bibliography ....................................................................................................................... 7 2 Globalization: The end of state Sovereignty? Ofran Badakhshani: 1586513 Written assignment for International Relations Introduction “A specter is haunting the world’s governments, the specter of globalization”. The world order and politics are facing a new danger; the sovereignty of the nation states is under question. According to some theorists there is a constantly growing dependency and interconnectedness between the...
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...environments, as well as corporate and ethical policies must be examined prior to negotiations occurring in the global business market. Each country have different laws addressing the treatment of employees in the workplace. Standards that may be unethical in the United States may prove to be an opportunity for laborers in other countries, making it more difficult to establish and build business relations. This paper will describe and analyze employment and labor laws in the domestic and international markets, and the impact those laws may have on the XYZ Construction Company. Employment and labor law initially arose out of the desire to protect the employee from unethical and immoral practices in the workplace and combat preferential and bias treatment towards specific groups of people. The establishment of the employment and labor laws was set in place to provide redemption and equality for employees. There are four categories dealing with employment law. Employment at will is a contract of employment for an indeterminate term, is terminable at will by either the employer or the employee; the traditional American rule governing employer–employee relations. One of the first laws to restrict the employer’s right to freely terminate employees was the National Labor Relations Act, which has reduced the number of...
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...Customary international Law, according to Article 38(1)(b) of the International Court of Justice Statute is defined as “evidence of general practice accepted as law”. A more implicit definition says, “Customary international law develops from the practice of States. To international lawyers, the practice of states' means official governmental conduct reflected in a variety of acts, including official statements at international conferences and in diplomatic exchanges, formal instructions to diplomatic agents, national court decisions, legislative measures or other actions taken by governments to deal with matters of international concern. (Public International Law In a Nutshell: 22-23). In examining customary international law in light of these definitions, this essay will seek not only to answer the questions of whether its method of creation is uncertain, its method of development, mysterious and its application arbitrary. Customary international law is created when a norm or principle embraces a particular set of characteristics. There has been great debate among legal academics as to the uncertainty of this method of creation. However, the implicit characterization of what is considered to be customary international law suggests that there is some measure of certainty pertaining the method of creation. According to Berkeley Law, for a principle or rule to be characterized as customary international law it must comprise of three undeniable characteristics, which include state...
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...Michel From RWANDA "Relationship between international custom and international convention" Abstract The relationship between treaty and custom is a topic of great importance in practice and theory. An attempt at unraveling the intrigues involved in this relationship requires an understanding of the formal nature of the two sources of treaty and custom, and of the impact they exert upon each other in the search for applicable law in a concrete situation by government officials, judges and legislators. The separateness of these two sources is at times not clear, but shall always be maintained. Rules derived from both sources contribute to the body of international law, and they are rules of equal force. The rules thus derived from them may restrict each other in application and conflict in content, thus being conducive to strangeness in law, and may become asymmetrically opposed. This brief description reveals the relationship between treaties and international custom which can influence international practices. That influence can result in different significant consequences for international relations as a whole. This work is concerned with the relationship between treaty and custom at the international level. Introduction There is still no consensus among academics and other interested parties as to what international law is. However, Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which applies to states but...
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