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International Law And Policy: Legal Scholars

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Question:

Write about the International Law and Policy for Legal Scholars.
 
 

Answer:

The positive theory of the states interest in the development of reservation that helps us to solve many doctrinal issues that have been troubling the legal scholars and policymakers. It also provides useful metric against which it has to assess the proposals to reform the existing reservation rules. According to Swaine the Conventional wisdom are those rules that serve the purpose of the interest of the non-reserving states in giving out the useful information’s in relation to the reserving states and its reputation as well as propensity to comply with the treaties (Chen, 2014).

In response, there has been insightful contribution to the interdisciplinary literature on treaty design which has observed three points. First, theory of states interest is applied and the information’s to a dynamic model has been considered with the timing of the reservations and evolutions of the treaty. Secondly, the treaties length, breadth, and the information’s vary when the state bargains around the Vienna Convention’s reservations default rules to select alternative flexible devices. Thirdly, there is a link between reservations and denunciations and its consequences for deciding whether an invalid reservation should be made from the states ratification (Hayward & Wheen, 2015).

Article 1 of the Vienna Convention discusses the scope of the Convention in the relation that the treaties are applied to make settlement between States. This Convention is limited in relation to the international agreements among the States that are completed in writing and are governed by the international laws. Thus, for any agreement to be covered under the scope of the Convention has to be in written form. This Convention is “retroactive”  which means that it only applies to those treaties that are concluded by the States after their entry is made in the Convention. Although the convention is considered to be clear and broad in its nature the limitations and its strictness can be seen.

The main instruments of the international laws are rapidly increasing in dealing with the complex issues and matters that are of global concerns. The issues that are now concerned with it involve the protection of human rights, the use of global resources and also preventing the environmental damages (Jervis & Art, 2015). To protect these rights and resources at the international level depends upon the regulations of the states. The mode for achieving the international degree of corporation includes setting out the agreed terms in relation to the multilateral treaties. Thus, these kinds of instruments are becoming important in an alarming rate in the international law and for Australia.

 

The Constitutional system in Australia allows the Executive Government to commit Australia to the treaties at the international level. The External Affairs power in the Constitution under section 51 (xxix) highlights that it enables the Parliament to enact its legislations that could otherwise be outside the legislative powers. A lot of concern has been made in relation to this and various proposals have been made for the reform. The advantages and the disadvantages of the reforms of the reforms proposals have been examined. Highlight has been made to reflect on the current mechanism in relation to entering into the treaties and considering the changes required as well as ignoring the formalities for making the treaty. International laws have been characterised by its consensual nature and it believed to be very different from the domestic legislations (Metcalfe et al., 2013).

Terrorism in legal term is considered very complex and challenging in when there arises differences in the opinions and in relation to the emergence of the new forms of terrorist activities that are unsolved. Currently, no universal treaty defines the term terrorism.  The only attempt was made by the Convention for the Prevention and Punishment of Terrorism that was drafted in the year 1937 by the League of Nations but it never came into force. Therefore, to protect the civilians the International Humanitarian Law came into existence. It provides the framework that has the power to deal with the act of violence that deals with terrorism.

The International Humanitarian Law advocates humane treatment of the individuals who are involved in the terrorism but do not come in the way of criminal justice system asking for justice for those who are guilty (Rosser, 2017). The International Criminal Court was established. By setting up the International Criminal Court, the international community has made an important effort in punishing the individuals involved in terrorist activities and a lot of efforts have been made to stop these kinds of acts of violence from the prevention of terrorism.

Under Article 3 of the convention it clearly states that every party to the conflict, which means that it doesn’t matter whether it is an armed conflict or not under the provision. Restrictions have been made by Article 51 and 52 of Protocol 1 which cannot be ignored claiming the rights to reprisal. Act of the terrorists that cause death or serious harm to the individuals is the breach of Geneva Conventions and are termed as the war crimes (Subedi, 2016).

 

Reference List:

Chen, L. C. (2014). An introduction to contemporary international law: a policy-oriented perspective. Oxford University Press.

Hayward, J., & Wheen, N. (Eds.). (2015). Treaty of Waitangi settlements. Bridget Williams Books.

Jervis, R., & Art, R. J. (2015). International politics: enduring concepts and contemporary issues. Pearson Higher Ed.

Metcalfe, K., Roberts, T., Smith, R. J., & Harrop, S. R. (2013). Marine conservation science and governance in North–West Europe: Conservation planning and international law and policy. Marine Policy, 39, 289-295.

Rosser, E. (2017). Promises of Nonstate Representatives. The Economist.

Subedi, S. P. (2016). International investment law: reconciling policy and principle. Bloomsbury Publishing.

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