International Law history
International law is the body of legal rules that apply between sovereignstates and such other entities as have been granted internationalpersonality (status acknowledged by the international community). Therules of international law are of a normative character, that is, theyprescribe towards conduct, and are potentially designed for authoritativeinterpretation by an international judicial authority and by being capableof enforcement by the application of external sanctions. The InternationalCourt of Justice is the principal judicial organ of the United Nations,which succeeded the Permanent Court of International Justice after WorldWar II. Article 92 of the charter of the United Nations states: The International Court of justice shall be the principal judicialorgan of the United nations. It shall function in accordance withthe annexed Statute, which is based upon the Statute of the Permanentcourt of International Justice and forms an integral part of the presentCharter. The commands of international law must be those that the statesimpose upon themselves, as states must give consent to the commands thatthey will follow. It is a direct expression of
Despite sweeping language regarding "threats to peace, breaches ofthe peace, and acts of aggression", the role of the United Nationsin theenforcement of international law is quite limited. Even thidetermination is made on political rather than legal criteria. With respect to universalparticipation, even states usually sympathetic to Britain's policydemonstrated weak compliance. Moreover, the Court proceeds further to recognise that the lawpertaining to fisheries must accept the primacy of the requirement ofconservation based on scientific data. Indeed the purpose ofthe UN is not to enforce international law, but to preserve, restore andensure political peace and security. In allother instances of noncompliance of international law, the charter's owngeneral provisions outlawing the threat or use of force actually preventforceful sanction. This is not to say that the preferential rights of a coastal Statein a special situation are a static concept, in the sense that thedegree of the coastal State's preference is to be considered as forever at some given moment. In the meantime, some multicultural lawmay have been developed. Consequently, both parties have the obligation to keep inder review thefishery resources in the disputed waters and to examine together, in thelight of scientific and other available information, the measuresrequired for the conservation and development, and equitable exploitation,of these resources, taking into account any international agreement inforce between them, such as the North-East Atlantic FisheriesConvention of 24 January 1959, as well as such other agreements asmay be reached in the matter in the course of further negotiation. Both Presidents publicly welcomed the judgementand indicated their intention to comply with it. In 1967 the Security Council decided to isolate Southern Rhodesia(now Zimbabwe) for its policy of racial separation following its unilateraldeclaration of independence from Britain. Finally, research suggests that the socialeffects of industrialization are universal and that they result inintersocial tolerances that did not exist during periods of disparateeconomic capability. Despite the many failures and restrictions of international law,material interdpendence, especially among the states of equivalent power,may foster the growth of positive legal principles. The states are the importers and exporters in theinternational system. It's judgements andadvisory opinions permeates into the international legal community not onlythrough its decisions as such but through the wider implications of itsmethodology and reasoning.
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