What Is International Law and National Law

Since there are few states, diverse and atypical in nature, inapplicable, without centralized sovereign power, and their agreements are uncontrolled and decentralized,[59] then, Wight says, “international society is not a society at all. The state of international relations can be described as international anarchy; The Andean Community of Nations is the first attempt to integrate the Andean countries into South America. It began with the Cartagena Agreement of 26 May 1969 and consists of four countries: Bolivia, Colombia, Ecuador and Peru. The Andean Community follows supranational laws, called agreements, that bind these countries. As an “advisory, political and representative body”, the United Nations General Assembly is “empowered to make recommendations”; It cannot codify international law or take binding decisions. [47] [48] Only internal resolutions, such as budgetary matters, can be binding on the activities of the General Assembly itself. Violations of the Charter of the United Nations by members of the United Nations may be discussed by the injured State in the General Assembly. (a) general or specific international conventions laying down rules expressly recognised by the disputing States; (b) international practices as evidence of generally accepted general practice; After becoming geographically international through the colonial expansion of the European powers, international law became truly international in the 1960s and 1970s, when rapid decolonization in the world led to the creation of many new independent states. The different political and economic interests and needs of these states, as well as their different cultural contexts, have given new influences to the principles and practices of international law, hitherto dominated by Europe. A flood of institutions, from the World Health Organization to the World Trade Organization, has fostered the development of a stable and predictable legal order with rules that govern virtually all areas. The phenomenon of globalization, which has led to the rapid integration of the world in economic, political and even cultural terms, represents one of the greatest challenges for the development of a truly international legal system. Alleged violations of the Charter may also be dealt with by States in the Security Council. The Security Council could then adopt resolutions under Chapter VI of the Charter of the United Nations to recommend the “peaceful settlement of disputes”.

These resolutions are not binding under international law, although they generally express the convictions of the Council. In rare cases, the Security Council may adopt resolutions under Chapter VII of the Charter of the United Nations on “threats to the peace, breaches of the peace and acts of aggression” that are legally binding under international law and may be pursued by economic sanctions, military actions and similar uses of force under the auspices of the United Nations. At the same time, in the Islamic world, foreign relations were managed on the basis of dividing the world into three categories: dar al-Islam (territory of Islam), in which Islamic law prevailed; dar al-sulh (treaty area), non-Islamic areas that have concluded a ceasefire with a Muslim government; and dar al-harb (war zone), non-Islamic countries whose leaders are called upon to embrace Islam. [16] [17] Under the caliphate of the early seventh century AD, Islamic legal principles concerning military conduct and the treatment of prisoners of war served as precursors to modern international humanitarian law. Islamic law at that time institutionalized humanitarian restrictions on military behavior, including attempts to limit the severity of war, guidelines for ending hostilities, distinguishing between civilians and combatants, preventing unnecessary destruction, and caring for the sick and wounded. [18] Among the many requirements for how prisoners of war should be treated were the provision of shelter, food and clothing, respect for their culture, and the prevention of executions, rapes, or acts of revenge. Some of these principles have only been codified in modern times in Western international law. [19] Magallanes also lists the many reasons why an occupation could not have taken place because international law was understood in the late 1800s in relation to post-1947 international law.

While in domestic politics the struggle for power is regulated and limited by law, in international politics the law is governed and limited by the struggle for power. (For this reason) international politics is called power politics. War is the only means by which states can ultimately defend vital interests. The causes of war are inherent in the politics of power. It was suggested that decisions taken outside chapter VII could also be binding; The legal basis for this is the extent of the Council`s powers under Article 24(2), which states that “in the exercise of these functions (exercising primary responsibility for international peace and security), it shall act in accordance with the purposes and principles of the United Nations”. The binding nature of these resolutions was confirmed by the International Court of Justice (ICJ) in its opinion on Namibia. The binding nature of these resolutions can be inferred from an interpretation of their language and intent. Until the middle of the 19th century, relations between states were dictated mainly by treaties, agreements between states to behave in a certain way, unenforceable except by force and non-binding, except as matters of honor and loyalty. One of the first instruments of modern international law was the Lieber Code of 1863, which regulated the conduct of U.S. forces during the American Civil War and is considered the first written recitation of the rules and articles of war observed by all civilized nations.

This led to the first war crimes charge, in which a Confederate commander was tried and hanged for holding prisoners of war in cruel and depraved conditions in Andersonville, Georgia. In the years that followed, other States committed themselves to restricting their conduct, and many other treaties and bodies were created to regulate the conduct of States among themselves, including the Permanent Court of Arbitration in 1899 and the Hague and Geneva Conventions, the first of which was adopted in 1864. .