StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Birth of Thought: International Law - Essay Example

Cite this document
Summary
The focal point of this paper “Birth of Thought: International Law” is to evaluate and analyze the statement that “International law is merely an instrument of state interests. It does not compel. It applies only as far as the governments of the powerful state decide that it should."…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.9% of users find it useful
Birth of Thought: International Law
Read Text Preview

Extract of sample "Birth of Thought: International Law"

INTERNATIONAL LAW The focal point of this paper is to evaluate and analyse the ment that “International law is merely an instrument of state interests. It does not compel. It applies only as far as the governments of powerful state decide that it should.” The entire discussion would be made in the lights of two different areas of international law, such as international environmental law and climate change and the aspects in the international law context of human rights. System of explicit and implicit agreements that is instrumented among States and nations is commonly referred to as international law. It recognises and implements standards and values and the chief concern in this case is not an individual citizen but a nation. The main aspect of international law is based upon the fundamentals of Geneva conventions, international criminal law, maritime law and United Nations. (Shaw, 2003) However, it would not be justified to state that the international law as a tool in the hands of a powerful nation. It is true, that on specific grounds this law has been utilized for the advantage of a powerful nation but in general sense this law is justified and beneficial for all. For example, in the context of trade, the international maritime law is a very beneficial law that is used in the benefit of all users. When dealing with international trade the appendix of exchange by sea cannot be overlooked at any consequences. Thus again, we come up to the most important factor of sea trades. It is the law or rules that govern the activity of this trade (Able, 2001). From the parameters of international environmental law and climate change, however, international law has failed to keep its promise of a true and trustworthy establishment. One of the basic causes of climate change is the emission of carbon dioxide in the atmosphere. Carbon dioxide is a heat trapper, which means it fails to release the Sun’s heat causing it to build up a layer over the Earth slowly sapping out all life giving energy. Studies show that at current rates of release, of carbon dioxide, the Earth may well be facing temperature of between 3 to 9 degrees eventually. At this rate, widespread and erratic climate change will result. Coal based power plants are the leading cause of warming, producing up 2.5 billion tons of Carbon dioxide. Automobile emissions contribute a total of almost 1.5 billion tons of CO2 every year. The impact of global warming is world wide – In 2003, more than 1500 people died due to extreme heat wave conditions and in the same time, more than 20000 deaths were caused in Europe alone. Here is something to make the light show red – the area of the Arctic Polar Ice Cap which is snow bound is being reduced by 9 percent every 10 years or so! (Kar, 2007) The planet ever more is met head on by troubles that cannot be resolved by individual nations or states fighting unaccompanied. Instances comprise cross boundary air and water pollutions, excessive fishing of the oceans and several other dreadful conditions of the natural environment, directives of outer space, global warming, worldwide terrorist networks, comprehensive trade and finance, and many more. Explanation to these nuisances requires new outlines of collaboration and the formation of innovative global organizations. The Global scenario group, an ecological research and anticipating institution, analyses globalization as fraction of the budge to a Planetary chapter of Civilization, identified by global social associations, economies, and infrastructures. The Global scenario group also mentions that the future temperament of this global society is undecided and full of challenges. However, in a worst-case scenario, experts have projected that global warming will make vast expanses of land unfit to live on. This will lead to massive depletion of land and water resources, which, in turn, will spark off wars and conflicts. This could be an extreme scenario but it is true that we all now feel or witness the effects of global warming in some way or the other. In 2002, large parts of the USA saw some of the worst wild fires. Tropical storms increasingly grow more vicious and scientists are aghast at the power. The United States which has only 4 % of the world’s pollution , contributes to the global warming kitty to the tune of approximately 25 % through carbon dioxide emission – even China , India and Japan together don’t match up to this level of pollution !. (King, 2005) Nevertheless, as in the case of European Union, the International law has little to offer protection from carbon dioxide emission of the US. In this context it can clearly be seen that the statement “International law is merely an instrument of state interests. It does not compel. It applies only as far as the governments of powerful state decide that it should.” However, from the point of view of human rights the international law has proved to be a very beneficial establishment. The Nuremberg trials are the prime example of the international law acting as a defender of human rights. The Nuremberg trials quite literally paved the path for what is today called international criminal law. These set of trials conducted in order to take legal action against some of the most well known leaders of the devastating Nazi regime. The Nuremberg trials came about as an attempt at ‘total denazifiation’ of Germany, a constant and nagging demand of the US of A. The plans of denazification included Henry Morgenthau Jr.’s design to forcefully de-industrialize and devastate Germany (in much the same way Germany herself had planned to devastate Eastern Europe). (Roberts, 2005) To his delight, both the Roosevelt and Churchill promptly accepted his plans and even tried to pass it in the Quebec conference (September 1944). Despite USA and Britain’s enthusiasm about the proposal, however Soviet Union refused to be party to it and instead counter proposed a judicial process to deal with the situation. As word got around about the Morgenthau Plan the public all over the world protested to it vehemently and USA was forced to abandon the project. (Sen, 2001) Once the Morgenthau plan lost favor the idea next in line i.e. the “Trial of European War Criminals” found much support. This plan devised by Secretary of War Henry L. Stimson and the department of war was put into process shortly after the death of President Roosevelt and the trials were soon scheduled for the month of November. The method and format of punishment for the Second World War criminals were decided upon by the US of A, Britain and Soviet Union, who were now the undisputable world powers. The legal basis for the court proceedings was provided by the London Charter. Two hundred different defendants were tried in the course of the Nuremberg trials. One thousand six hundred more were tried by means of the more usual methods of military justice. (Mukherjee, 2004) The Nuremberg trials have greatly influenced the development of the international criminal law. The International Law Commission created Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgement of the Tribunal in 1950 as per the directions of the United Nations. The much-debated proposal for the permanent international court of law is also based upon the model provided by the Nuremberg trial. Perhaps the primary reason why some object to the use of the Nuremberg trial model today is simply because the sort of juridical power they expect such a court of law to leave in the hands of world superpowers such as the US of A who themselves perform a number of war crimes and are therefore considered unlikely to be impartial under all circumstances. (Podolski, 2006) The international war crime tribunals are created specifically for the purpose of trying people or persons accused of having performed or been party to war crimes. Tribunals permit war criminals engaged in a variety of heinous crimes ranging from rape to torture and mass murder to provide an explanation for their actions to both, their victims (and/or their surviving families) and the concerned citizens of the world by means of the media. War tribunals have now almost obliterated the use of retributive justice and helped replace it with a new breed of liberal legalism based completely on an international code of law. (Lamb, 2004) Supporters of war crime tribunals claim that institutions such as these help deter those whose who might turn out to be future war criminals. This is also one of the primary reasons provided for the establishment of a regular international court of law. War crime tribunals found presently are usually commissioned by the UN. Supporters claim that the permanence of a system is enough to keep potential war criminals at bay. (Roy, 2001) In conclusion, it should be stated that there is not enough conclusive evidence to support the statement that international law is a body of legislation only to be instrumented by powerful nations. It can however be stated that there are certain areas of the international law that needs to be clarified and properly imposed in order to minimize the influence of powerful nations in the context of the law. References: Able, A; 2001; The Outcomes of Trade: A legal Force; OTRC Ltd Kar, P; (2007), History of War against Global Warming. Kolkata: Dasgupta & Chatterjee King, H; (2005); The Statistics of Global Warming. Earth Today. Vol 7. Issue 5. Dunedin: HBT & Brooks Ltd. Lamb, D; (2004); Cult to Culture: The Development of Civilization on the Strategic Strata; Wellington: National Book Trust Mukherjee, S D; (2004); International Economic Strategies and Principals; Dunedin: IBL & Alliance Ltd. Podolski, V; (2006); Public Perception of Perceptions: An Approach towards Political Intelligence; Dunedin: IBL & Alliance Ltd Roberts, O M; (2005); Outline of Global Economy; Wellington: National Book Trust Roy, D P; (2001); Birth of Thought: The Evolving Intelligence; Part II; Auckland: HDT Ltd. Sen, S; (2001); Difference between Thinking and Acting in Global Politics; Bloemfontein: ABP Ltd Shaw, Malcolm N (2003). International Law; Cambridge University Press; 5 edition Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Birth of Thought: International Law Essay Example | Topics and Well Written Essays - 1500 words, n.d.)
Birth of Thought: International Law Essay Example | Topics and Well Written Essays - 1500 words. https://studentshare.org/law/1713387-essay-international-law
(Birth of Thought: International Law Essay Example | Topics and Well Written Essays - 1500 Words)
Birth of Thought: International Law Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/law/1713387-essay-international-law.
“Birth of Thought: International Law Essay Example | Topics and Well Written Essays - 1500 Words”. https://studentshare.org/law/1713387-essay-international-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Birth of Thought: International Law

East Germany from 1980 until the End

There was a negative impact on international competition, which slowed down the process of adaptation.... The average age of women by the time they gave birth was lower in East Germany.... Professor Date East Germany from 1980 until the end Introduction Many studies have been carried out to investigate the main differences between East and West Germany (Klusener and Goldstein 2)....
6 Pages (1500 words) Essay

Comparing Moses and Jesus

The rulers of the Israelites at a time of birth of the two leaders were different.... The birth of the two occurred at times when the Israelites were under two distinct regimes of rule.... hellip; Although the subjects in power during the birth of the two leaders were gentiles, Jesus' birth occurred when his tribesmen were answerable to a Roman leader.... On the contrary, the birth of Moses came at a time when his tribesmen were subjects under an Egyptian leader....
6 Pages (1500 words) Essay

Bribery and Scandals

hellip; "Common law defines bribery as "a receipt of anything of value where the intent is to influence" someone "in his official capacity.... " (Mintz, 1996) If the intent of giving "gifts" was clearly to influence someone to receive favors then the act is certainly bribery and is thus considered a crime under the law of the country.... (Burbank) Someone this gave the Salt City officials the idea that in order to win the bid, it was best to have personal close relationships with members of the international Organizing Committee....
4 Pages (1000 words) Essay

The Millennium Declaration of 2000

People living with less than a dollar per day are the majority in the developing world, thus, they should be thought of in the first place.... This was to be achieved through the promotion of better health practices during pregnancy and after birth.... According to him further, this declaration, signed by 189 countries, was translated into a strategy setting of goals to be achieved by 2015....
4 Pages (1000 words) Essay

The Democratic Transition in Nepal

Even today, about half of its population live below the international poverty line(IPL) of US$1.... The country's telecommunication system is underrated at the world standards of the current point of international usage of phones.... In the paper “The Democratic Transition in Nepal” the author discusses one of the poorest and least developed countries in the world with more than half of its population living below the poverty line....
6 Pages (1500 words) Assignment

Analysis of Nathans Book My Freshman Year

From the paper "Analysis of Nathan's Book My Freshman Year" it is clear that when a young child is thought to kill as young as he may be, the child will have a heart that burns with the desire to kill for the rest of his life and will make governance hard since the only language they know is war of blood.... For instance, if a woman fears her capacity to give birth in a natural way, they will insist on undergoing a caesarian delivery method....
11 Pages (2750 words) Assignment

Totalitarianism: Reasons Why Human Dignity Need a New Guarantee

The main focus of the paper "Totalitarianism: Reasons Why Human Dignity Need a New Guarantee" is on the rights of man, the resultant repercussion of the Second World War, universal individual rights and national sovereignty and the holocaust and on a conflict between the man and state sovereignty....
10 Pages (2500 words) Essay

Analysis of the Economic Situation in America

The paper "Analysis of the Economic Situation in America" shows us that the current American economy is marked by increased global competition, rapid changes, and intense complexity in business transactions, easy and faster accessibility through improved communication and information systems.... hellip; That America has the highest number of nuclear weapons compared to all the other countries makes us more guilty than the other countries who possess the weapons this, therefore, denies us any form of right to disarm these countries of the weapons regardless of whether we are using the weapons or not....
7 Pages (1750 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us