Студопедия
Случайная страница | ТОМ-1 | ТОМ-2 | ТОМ-3
АрхитектураБиологияГеографияДругоеИностранные языки
ИнформатикаИсторияКультураЛитератураМатематика
МедицинаМеханикаОбразованиеОхрана трудаПедагогика
ПолитикаПравоПрограммированиеПсихологияРелигия
СоциологияСпортСтроительствоФизикаФилософия
ФинансыХимияЭкологияЭкономикаЭлектроника

The nature of international legal subjects

The Role of Recognition | Continuity and Termination of Existence of States | Spatial Dimensions of State Activities | The Legal Regulation of Space, Between Sovereignty and Community Interests | International organizations | National liberation movements | The sovereign equality of States | Immunity and other limitations on sovereignty | Non-intervention in the internal or external affairs of other States | Introductory remarks |


Читайте также:
  1. A CAREER IN LAW. LEGAL PROFESSIONS
  2. A report from ITOPF (International Tanker Owners Pollution Federation)
  3. Academia in the process of globalization. Its intercultural nature
  4. Acronyms Used in International Trade
  5. Actors in International Relations.
  6. AIMS OF INTERNATIONAL LAW
  7. AN INTERNATIONAL FAMILY

The Main Legal Features of the International Community

 

Introduction

 

· We jump too quickly to drawing parallels between domestic law and international law.

· The features of the world community are unique.

· Law doesn’t necessarily address itself to individuals, and there are not necessarily central institutions responsible for making law, adjudicating disputes, and enforcing legal norms.

 

The nature of international legal subjects

 

· Most of rules of international law aim at regulating behaviour of states, not that of individuals.

· States are legal entities – aggregates of human beings, owning and controlling a separate territory, held together by political, economic, cultural (and often ethnic/religious) links.

 

· Within States: Individuals are principal legal subjects, Legal entities are secondary.

· In International community: States (legal entities) are primary subject, individuals are secondary.

 

· Although states dominate international community, they operate through actions of individuals (e.g. ministers, diplomats).

· But, individuals act not in their personal capacity, but on behalf of collectivities or multitudes of individuals – Hobbes, ‘fictitious person’

· Powerful drive to submit all persons and all territory to exercise of state control.

· State serves to protect individuals from hardship and suffering (as church once did).

 

1.3 The lack of a central authority, and decentralisation of legal ‘functions’

 

National legal systems

· have both substantive rules (about how to behave) and organisational rules.

· Organisational rules developed out of power of ruling classes to institutionalise their power and establish relationship between rulers and ruled (Law comes from power).

· All modern states:

· Use of force by members of community is forbidden (except emergencies) – state monopoly on use of violence

· Central organs of state responsible for law making, law determination, and law enforcement. Parliament/monarch makes law, court ascertained breaches of law, and police officers enforced.

· These functions derive from rule of law, not from interests of individuals.

 

International legal system

· very different because no state has managed to hold power long enough to be able to create a system of law (law comes from power).

· Relations between states remain horizontal, no vertical power structure describing laws

· Lack of centralised power even more obvious today as individuals and corporations have entangled allegiances, and sources of power are spread across the globe in arenas far beyond state.

· Relative anarchy at level of central management in international legal system.

· No central body responsible for three areas of law: making, interpreting, enforcing.

· States act in their own interests, not in the interests of community.

· Each state has power to auto-interpret rules – necessarily follows from lack of courts and compulsory jurisdiction а Legal order is what states will make of it.

· Traditional international law thus greatly favoured powerful states who could exert their interpretation of rules over others.

 


Дата добавления: 2015-11-16; просмотров: 58 | Нарушение авторских прав


<== предыдущая страница | следующая страница ==>
Historical context| Traditional individualistic trends and emerging obligations and rights

mybiblioteka.su - 2015-2024 год. (0.006 сек.)