International law is very important for developing state laws in most countries. It creates a set of rules that nations agree to follow, which helps maintain order and cooperation between different states. But how exactly does this affect national laws, and why do students of law or those writing a dissertation need to pay extra attention to this? In case you do not have time to write a good law dissertation, you can always buy dissertation online and still be on the safe side.
This guide explores how international law plays in shaping national legal framework. This investigation focuses on the incorporation of international law into municipal law, the available mechanisms under national law for the protection of human rights violations, and the role of non-governmental organisations in monitoring the protection of the rights of individuals.
What Is International Law?
International law consists of regulations and treaties among the nations. Such regulations tend to be aimed at peaceful coexistence, protection of human rights, trade flow regulation, and resolution of wars. Most of the organisations offering such regulations are international institutions such as the United Nations and the World Trade Organisation.
International human rights law can have a significant impact on national systems, regardless of which of the two scenarios described above is applicable. National courts may consider international and regional human rights standards when deciding how to interpret and develop national law. International and regional human rights law can be used in national human rights mechanisms in a variety of ways, including basing human rights claims on international or regional law, where such law constitutes part of national law or has otherwise been integrated into national law, and additionally through the application of international and regional human rights law as a guideline to interpreting provisions of national law under question and international human rights law as the minimum standard of protection.
The following sections set out how and by what means or methods, international human rights law and its implementation in national law has created.
Sources of International Law:
Article 38 of the Statute of the International Court of Justice identifies the following sources of international law:
- a) International conventions, either general or specific, establishing rules expressly recognised by the contesting states.
- b) International custom, as evidence of a common practice accepted as law.
- c) General principles of law recognised by civilised nations.
- d) Judicial decisions and teachings of highly qualified publicists of the various nations as secondary means for determining legal rules.
Impact on National Laws
Countries often change their own laws to follow international agreements. This helps ensure they comply with global standards. For example, many nations have changed their environmental laws to meet international climate agreements. Similarly, human rights laws have been improved in many places to reflect international treaties.
National courts also look at international laws when making decisions. Judges sometimes use international legal principles to help solve complex issues. This means that international law can directly affect how national legal systems operate.
The Role of Treaties
Even though the sources of international law are not hierarchical, treaties take on some primacy among them. Treaties serve various purposes. Peace settlements, alliances, and bans on nuclear testing are all examples of treaties with far-reaching political consequences. Others, while less political, are concerned with relationships between governments or government agencies that affect private parties. Most importantly, human rights conventions were designed to protect all citizens from government abuse. A treaty is formed with the express consent of its parties. A treaty's text may allow for some reservations, allowing a larger number of States to enter into a treaty at the expense of some of the treaty's goals and objectives.
International Law and Municipal Law
Even though international law requires a State to carry out its international obligations, the processes used will vary, such as legislation, executive, and/or judicial measures.
States also have different practices for incorporating treaties into their legal structures so that the provisions can be implemented by state authorities. In some countries, international (and sometimes regional) human rights law is automatically incorporated into national law. In other words, once a state ratifies or accedes to an international agreement, it becomes national law. Treaties in such systems are considered to be self-executing.
In other countries, international human rights law is not automatically incorporated into the ratifying country's national law. International law in these countries is not self-executing, meaning it lacks legal force unless additional national legislation is passed.
Treaties and norms are integrated into domestic laws using specific "transformational" devices. The automatic incorporation of ratified treaties by constitutional provision, known as general transformation, requires domestic enforcement without legislative action after ratification. A second method, special transformation, necessitates legislative action to give treaties domestic effect.
Benefits for Law Students
Understanding the interplay between international law and national systems is beneficial in a law dissertation. Human rights, trade regulations, and even environmental protection, all depend on international agreements. These are some of the topics that law dissertation writers explore for better insight. If you're looking to buy a dissertation online, make sure to find one that covers the interplay between international and national laws.
Conclusion
International law seems to be an integral piece of creating national legal frameworks. These actually work not only for how new laws are worded but also for how they have been interpreted over the existing ones. As you pursue legal studies especially when writing your dissertation, try to remember how important those global rules can be. This becomes a good discussion topic or you might ask help from the Law Dissertation Writers.
