International Law
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International Law
International law is the body of legal rules that apply between sovereign states and such
other entities as have been granted international personality (status acknowledged by the
international community). The rules of international law are of a normative character, that
is, they prescribe towards conduct, and are potentially designed for authoritative
interpretation by an international judicial authority and by being capable of enforcement
by the application of external sanctions. The International Court of Justice is the principal
judicial organ of the United Nations, which succeeded the Permanent Court of
International Justice after World War II. Article 92 of the charter of the United Nations
states:
The International Court of justice shall be the principal judicial organ of the United
nations. It shall function in accordance with the annexed Statute, which is based upon the
Statute of the Permanent court of International Justice and forms an integral part of the
present Charter.
The commands of international law must be those that the states impose upon themselves,
as states must give consent to the commands that they will follow. It is a direct
expression of raison d'etat, the interests of the state, and aims to serve the state, as well
as protect the state by giving its rights and duties. This is done through treaties and other
consensual engagements which are legally binding.
The case-law of the ICJ is an important aspect of the UN's contribution to the
development of international law. It's judgements and advisory opinions permeates into
the international legal community not only through its decisions as such but through the
wider implications of its methodology and reasoning.
The successful resolution of the border dispute between Burkina Faso and Mali in the
1986 Frontier Dispute case illustrates the utility of judicial decision as a means of
settlement in territorial disputes. The case was submitted to a Chamber of the ICJ
pursuant to a special agreement concluded by the parties in 1983. In December 1985,
while written submissions were being prepared, hostilities broke out in the disputed area.
A cease-fire was agreed, and the Chamber directed the continued observance of the
cease-fire, the withdrawal of troops within twenty days, and the avoidance of actions
tending to aggravate the dispute or prejudice its eventual resolution. Both Presidents
publicly welcomed the judgement and indicated their inte...
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