International Law
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International Law
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
a...
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