Public International Law Free Essays

In addition to our syllabus, more of the oral and reporting which is usual in the class will take place. The lessons I learned from my English summer class are not that quite easy to analyze but with the help of our professor, it is more easy to understand because he taught very clearly. The PAP style syllabus which Is about the avoidance of plagiarism help me to know Its Limitations and rules that I should follow for us to know the Limit of exceeding in the line. We will write a custom essay sample on Public International Law or any similar topic only for you Order Now Actually, there are many different ways to credit the author that you get your sources from, whether it is a book, magazine, newspaper or online research. Back in high school, whenever we are gathering information from different resources, we were always task to do the bibliography properly. Now in college, there were similarity in acknowledging the authors and the creditors, the deference is that when we are studying the PAP styles, it shows how broad the topic Is and how important to follow all the formats that were given In the syllabus. And It is not only we are studying the format in gathering from the book, but there were different given circumstances and example which is very helpful for me. Before, in other subjects when we are task to do some home works and there should be acknowledgements we Just copies the link of it, the thing is back then we didn’t know that when we get from the online sites, there are still formats to follow which I knew now already and I’m not Joking that I actually already memorized how to credit the authors or even If here’s not, the format of It are now clear In my mind and maybe In the future, the PAP style which we tackled is very helpful for us not to be accused for popularizing. Other lessons we learned, in the reporting area in particular the Narratives conventions and devices, teaching us on how to sequence properly the stories and the importance of order. Second, the Logical fallacies are a fallacy in logical argumentation. For example, Bandwagon Is a cause that has suddenly become fashionable or popular. Suggesting that simply because a lot of others are doing It, you should too. Last example is the Hasty generalizations, which draw a conclusion from insufficient evidence. In the end, the last topic in all the reporting is the writing process, which is a several steps to go through to make up to an essay. First to the last steps are the preprinting, writing, revising, editing and publishing. For me, the importance of reading is very helpful whenever I write reflection papers or essays. Actually It has a significant number of benefits. Beforehand, I’m really not Into instructor would always say to us that for us to be fluent and good in English, we should read every day for us to widen our vocabulary and ideas that will refreshed our minds, and it expands our knowledge and discoveries which is a great help. Since reading is keeping your brain active, it will lessen your forgetfulness which results in better writing skills. So whenever I write some paper works, the ideas and imaginations is more broad that results in composing a good sentences and paragraphs. When the writing process was tackled in the reporting, I listed it down because if you like to be a good composer or a writer, the process and orders are very important to follow. And, following these steps is not only necessary to achieve a good grade; it would also develop your writing skill, and make you able to think in a more organized way. After all, writing is not only a product, rather, a process also. To sum it up, all the topics that we discussed really helped me. Maybe until before or after I graduate I can still use all the lessons I learned. How to cite Public International Law, Papers Public International Law Free Essays Public International Law Assignment 24/10/2012 10340269 3BBL As an expert you have been approached: (a) By the International Court of Justice to offer a brief opinion on the possible amendment of Article 38 of the Statute of the International Court of Justice to reflect the diversity of sources of international law Introduction Sources of international law has long been a contentious matter amongst legal commentators and academics in the sphere of the international legal system. At the root of all legal systems there is a fundamental need to clearly identify all sources of law, a view which is concisely expressed by former judge of the International Court of Justice (ICJ), Robert Jennings: ‘[A]lthough lawyers know that the quality of certainty of ? law  is one on which there must be much compromise, not least in the interests of justice, it is a  desideratum  of any strong ? aw  that there is reasonable certainty about where one should look to find it. ’ Given the absence of any official legislature in the area of international law, it is Article 38 of the Statute of the ICJ which responds to the basic need to identify the sources of international law. We will write a custom essay sample on Public International Law or any similar topic only for you Order Now The contention surrounding Article 38 concerns an emerging belief that it should be amended to reflect the diversity of sources of international law. Ancillary to this is the criticism that the ambiguity concerning potential additional sources of international law, such as resolutions of the UN General Assembly and unilateral declarations/acts of state has given rise to the concept of â€Å"soft law†, which Sztucki condemns because it risks blurring the threshold between what is legally binding and what is not. A further criticism of Article 38 is that the ability to create new laws is constrained by subsection 2 of the article. Consequentially, it is argued that no formal system of precedent may exist as laws are only binding to the parties involved. In essence, the question that must be addressed is whether Article 38 should be amended to reflect the contribution to the development of international law by the following influences: 1. Unilateral acts of state 2. Rules of Jus Cogens 3. Resolutions of the General Assembly Unilateral Acts of State The modalities and international legal effect of a unilateral declaration made by a state was fully explored in the Nuclear Test case, and is now the subject of guiding principles adopted by the ILC. The basic principle generated from the judgment of the court in this case is that: It is well recognised that declarations made by way of unilateral acts, concerning legal or factual situations may have the effect of creating legal obligation. ’ It is accepted that the binding nature of unilateral acts of states is based on the principle of pacta sunt servanda and the intent to be bound. The genesis of the relationship between unilateral acts of states and their legal obligations can be traced back to the Eastern Greenland dispute, which provides the authority for the significance of unilateral acts. Given the legal ramifications of such acts, the question thus arises as to whether they should be provided for as a source of law under Article 38. Fitzmaurice argues that unilateral acts of states examined represent, in essence, a source of obligation as distinct from a formal source of law. He contends that the law requires an obligation to be carried out but the obligation is not, in itself, law. In effect, a unilateral act represents more of a contractual obligation rather than a source of law. In addition, one must also consider the difficulty involved in generalising so heterogeneous a category. Rules of Jus Cogens There has been considerable contention over the exclusion of a reference to the rules of jus cogens in Article 38. While it is sometimes proposed as an independent source of international law, one must consider the question, are the norms of rules of jus cogens not inherent in international law given the emphasis it places on human rights and its flexibility as a living instrument? In addition, one must examine the scope of Article 38 (1) (c), which provides for the application of general principles of law recognised by civilised nations. Given the vast spectrum available for the interpretation of these principles notwithstanding the fact that the rules of jus cogens are fundamental in the general principles of law recognised by civilised countries, it makes it effectively impossible to argue that they are not provided for in Article 38. Evidence of this assertion can be derived from the statement of President Baron Descamps; the draft that became Article 38 (1) (c) ‘was necessary to meet the possibility of a non liquet’. Resolutions of the General Assembly The confusion surrounding the role of resolutions of the General Assembly in relation to the sources of international law garners some dispute. It has long been established that these resolutions are not legally binding on States. However, there is precedent to the effect that they may form the constituent parts of customary law. For example, in Nicaragua V United States the ICJ referred to GA resolutions expressly and solely to demonstrate the existence of the necessary opinion juris. Furthermore, in the Legality of Threat of Nuclear Weapons case the ICJ suggested that despite resolutions not being binding, they may still have normative value. While this case confirmed the suggestion by the ILC that resolutions do not yet constitute sources of law, it is irrefutable that they do represent evidence of State practise and an understanding of international law to the degree that they can, in fact, form part of the constituent elements of custom. Conclusion While it is apparent that there is an emergence of material sources of international law, one cannot purport to suggest or argue that any further formal sources of law exist. Therefore, for now Article 38(1) remains an exhaustive statement on the sources of law making in the international legal system. ——————————————– [ 1 ]. http://login. westlaw. co. uk. eproxy. ucd. ie/maf/wluk/app/document? srguid=ia744d05f0000013a8f3a29776e1952b9docguid=ID46692C0E72111DA9D198AF4F85CA028hitguid=ID46692C0E72111DA9D198AF4F85CA028spos=2epos=2td=4000crumb-action=appendcontext=8resolvein=true [ 2 ]. Cases and Materials on international law 7th ed. Sweet and Maxwell p. 57 [ 3 ]. I. C. J reports 1974, pp. 253, 457, [ 4 ]. P. C. I. J. Reports, Series A/B. No. 53 1933 [ 5 ]. Cases and Materials on international law 7th ed. Sweet and Maxwell p. 34 [ 6 ]. http://login. westlaw. co. uk. eproxy. ucd. ie/maf/wluk/app/document? srguid=ia744d05f0000013a8f3a29776e1952b9docguid=ID46692C0E72111DA9D198AF4F85CA028hitguid=ID46692C0E72111DA9D198AF4F85CA028spos=2epos=2td=4000crumb-action=appendcontext=8resolvein=true [ 7 ]. Cases and Materials on international law 7th ed. Sweet and Maxwell p. 53 [ 8 ]. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Jurisdiction and Admissibility, 1984 ICJ [ 9 ]. Cases and Materials on international law 7th ed. Sweet and Maxwell p. 54 [ 10 ]. Nuclear Tests ( Australia v France) and Nuclear Tests (New Zealand v France) I. C. J reports 1974 [ 11 ]. http://login. westlaw. co. uk. eproxy. ucd. ie/maf/wluk/app/document? srguid=ia744d05f0000013a8f3a29776e1952b9docguid=ID46692C0E72111DA9D198AF4F85CA028hitguid=ID46692C0E72111DA9D198AF4F85CA028spos=2epos=2td=4000crumb-action=appendcontext=8resolvein=true How to cite Public International Law, Essay examples