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Thursday, April 8, 2010

International Law

International law is that branch of public law which regulates the relations of states and of other entities which have been granted an international community. It is simply the set of rules that countries follow in dealing with each other. Obviously, the function of international law is to set rules for the administration of the interactions and relationships of countries which are governed by their own municipal or local law. The absence of international law will result to chaos and various acts of reprisals against states.

In line with that, I agree that cooperation of the United States is necessary for global treaties to succeed. A treaty may be defined as the formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations. In connection, the written provisions of a treaty are binding among and between the parties involved in it. In case of the United States, it entered into important treaties with other countries that changed the relations of countries for the better such as the North American Free Trade Agreement and Nuclear Non-Proliferation Treaty.

Moreover, the law on immigration, blockade, as well as extradition treaties is part of our daily lives as these rules affect the relations of one country to another. The sovereignty or independence of a country contributes to the effective and efficient implementation of international law. Sovereignty is relevant in international law since a country that does not have freedom to direct its foreign affairs is only considered an object of international law and not as a subject.

I also believe that countries must surrender some sovereignty for purposes of cooperation and standardization in relation to specific international laws and agreements. An example of this fact is the Kyoto Protocol wherein member- countries adhere to the provisions of the treaty in order to solve problems relating to climate change. As a member of the international community, a state is bound to observe the generally accepted principles of international law. In this sense, international law should be deemed a part of the domestic law of each state despite its differences in the manner of implementation and regard by each state. Besides, the rights and freedoms that Canadians enjoy universally acknowledged or equally applied throughout the international community because it is in line with the rules for international peace, cooperation, and harmony. The concept of pacta sunct servanda and reciprocity are the international standards that must be adopted to protect rights all over the world. However, human rights are difficult to protect at the international level because it is natural upon foreign countries to protect its own citizens who violated the human rights of a foreigner.

The United Nations, The Human Rights Commission, The International Convention on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights are example of governmental and non-governmental organizations that deal with human rights violations. For international collective security, states act together against a particular state to produce what is usually a punitive result. The establishment of the creation of the League of Nations and the United Nations are caused by the will of countries to achieve peaceful and harmonious relationships within the international arena.

With respect to the United Nations, its primary objective include the maintenance of international peace and security in the world, the development of friendly relations among nations, achievement of international cooperation in solving international problems, and the harmonization of the actions of states in order to achieve all these goals. The UN Charter is also akin to a Constitution, and indeed it is a constitution for all nations states since majority of countries are members of the said organization. But, the UN is not considered a world government because not all states become member of the same. Finally, I believe that a world government becomes possible to achieve in the future for majority of countries vie for peace and harmony within the international arena and their collective efforts are relevant to the same hope of a world government. With that, a balanced representation among states must be reached if a world government would be developed in order to maintain international peace and order.

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