The role of international law in the organizations of international relations -As a matter of fact,...

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The role of international law in the organizations of international relations - As a matter of fact, International Law place an important role in the organizations . - This role in the takes two main forms : A)The First deals with the response and reactions of International relations .

Transcript of The role of international law in the organizations of international relations -As a matter of fact,...

Page 1: The role of international law in the organizations of international relations -As a matter of fact, International Law place an important role in the organizations.

The role of international law in the organizations of international relations

-As a matter of fact, International Law place an important role in the organizations.

-This role in the takes two main forms:A)The First deals with the response and reactions

of International relations.

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B)The Second deals with the response and reactions of International Relations towards Relations towards changes and new issues and problems emanating in the International

arena.-Before dealing with the two-faces function role

in international law in international relations , it's necessary to introduce to this with defining international law and clarifying

its source.

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1-)Definition and sources of International law:

-International law can be defined as "A set of principles and rules regulating the mutual relations and interactions among members of

the international community".

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From such a definitions, we can conclude that:

1-)International Law is a positive law. Which means that its binding to all members of the international community, who must obey it otherwise those who break any rule or obligation shall be held responsible for the reparation of the damage resulting from the violation.

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Thus, international law is completely different from norms of morality of courtesy. While international law rules are binding, norms of morality and courtesy

are not .

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As to sources of International Law , they can be classified into:

*Primary Sources:Which are represented in International Agreements,International Customs, General principles of law established into domestic Legal systems and resolutions International Governmental Organizations.

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*Second Sources:Which are represented in Awards and decisions of international court and supreme domestic ones (writing of international lawyers).

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2-)The first Function (role) of international law:Organizing international law organizes international relations through defining rules and principals according to which all members of the international community should behave and conduct their interrelations and interactions. Each member, through international law knows what are its legal rights and what are its legal duties. Under Traditional International Law , sovereign states follow principals and only

members other international community.

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Under Contemporary international law we have Sovereign states ,IGO's as well as some other

units which have Legal status in international law such as:

National Liberation Movements (NLO), Multinational Co operations, Civil Society Organizations , and the individuals per Se.All members of the international community must respect and obey their international obligations as they ask for rights .Any member violating international obligations shall be held responsible according to limits and source of its legal personality or status.

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3-)The other Function of international law:

-Reflecting and responding to changes and evolutions of the international relations.International Relations has witnessed a lot of various and complicated Changes and issues which can summarized in the following:

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a)-The emergence of new members and actors in international relations such as:

IGO's ,NGO's , multinational co operations ,national liberation movements , in addition to the individual per se.

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b)-The increasing degree of the international interdependence due to the inability of the state alone, including the "Big Powers", satisfy all basic needs of its nationals. Rather, there should be cooperation and interdependence to achieve such purpose.

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c)-The emergence of so many complicated issues and problems in all fields of the international relations such issues and problems produce side effects going beyond

national boundaries of the state . Any state whoever it maybe, can't alone deal with

such problems and respond to them in a manner benefiting its people ,pollution ,energy desertification and shortage of water ,refugee and terrorism are examples of such emerging sophisticated issues and

problems .

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d)-The revolution taking place in the field of Technology of Information and communication which rendered the whole world like a small village.As a matter of fact, international law as the law organizing international relations had to respond to and cope with such changes and evolutions.

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This is touched in many cases and forms as the following:

1-)International law has no longer been a law among sovereign states. Rather it became the law of all members of the international community.

2-)Territorial sovereignty of the state has no longer been absolute. Rather it became limited by international law dictations, and the international intervention has became possible and acceptable.

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*New separate branches of international law emerged such as:International Human Rights law, international humanitarian law, international environmental law, international law of development, international labor law ,international economic law, international law of the refugees.

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3 )International law is witnessing a crisis resulting from the contradiction between prohibiting the use of armed force in international relations.USA practices under the name of war against terrorism "As a result" This violence and anarchy are prevailing and basic human rights are violated.It's necessary for the world to work for the respect of international legality and international obedience.