Monday, November 4, 2019
REPORT TOPIC LAW Assignment Example | Topics and Well Written Essays - 500 words
REPORT TOPIC LAW - Assignment Example Conflict of Laws or Private International Law covers cases where a foreign element intrudes, raising questions as to the application of foreign law or the role of foreign courts (Shaw, 1). Legal Positivism suggests that international law is not law at all because there is no true governing body that imposes the law and enforces its obedience. Contrast this with the laws of a State where the State itself is tasked with the promulgation and enforcement of the law. Instead, International Law is enforced by agreement between parties to a treaty, convention or international organization. For example, states that are parties to the Geneva Conventions of 1949 commit themselves to follow the rules of war set forth in those Conventions. State parties to the Kyoto Protocols bind themselves to the provisions of those environmental-safeguard protocols. Even the United Nations and its subordinate bodies exist because the UN State Parties signed or acceded to the UN Charter to become members of th e United Nations. Aside from Treaties and Conventions, which are essentially multilateral treaties, there are two other sources of international law. They are international custom and general principals of law recognized by civilized nations (ICJ Statute Art 38).
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