Wednesday, June 19, 2019

International Law Essay Example | Topics and Well Written Essays - 4000 words

International Law - Essay Exampleconformity law essentially entails the same binding nature as springer, and is only distinguished from custom because it is more(prenominal) formal than the former.2 However, treaties are generally indite law and as such is a more certain source of outside(a) law.3 Although some global law scholar refer to treaties and customary international law interchangeably, there is a clear distinction since customary international law is bereft of written law and treaties are identified with written instruments. For example, Article 2(a) of the Vienna Convention on the Law of Treaties 1974 proves that treaty means an international agreement concluded amongst States in written form and governed by international law, whether embodied in a single instrument or in ii or more related instruments and whatever its particular designation.4 In this regard there are two types of treaties under international law that represent important sources of international law . The starting signal kind of treaties is law-making treaties that establish rules that are universally and generally applicable. The second kind of treaties at international law are treaty-contracts which are concluded between two or more states and cover specific issues relative to the catching states.5 Law-making treaties are direct sources of international law, while contract-treaties merely outline treaty obligations between the contracting states and thus circumvent the need to invest and apply customary international law, unless the treaty requires the application of customary international law.6 Since the mid-19th century there has been an unprecedented proliferation of law-making treaties which have got come to be known as international legislation.7 The proliferation of international law-making treaties was responses to the inefficiency of international customary law in meeting the immediate needs of the international community for the regulation of mutual interests. T he immediate needs of the international community arose out of developments at the economic and industrial levels which were increasingly tightening the interconnectedness of states. so relationships between states became more complicated and diverse.8 Law-making treaties can be viable alternatives to customary laws because as history informs, law-making treaties typically serve to main functions. First they may give voice crystalized rules of international law, thus making customary law more visible and essentially codifying customary law into an identifiable source of law. Secondly, law-making treaties may identify new issues and formulate new rules of international law designed to respond to new issues or to change current practices by states.9 For instance, UN Law of the Sea Treaty 1982 establishes new rules relative to jurisdictional parameters applicable to the seas.10 The UN Law of the Sea Treaty 1982 also codifies some customary rules of international law. However, the 198 2 Treaty also provides new purvey such as the creation of the International Sealed Authority for controlling the distribution of marine resources. Moreover, transit qualifyings were established for replacing the concept of innocent passage via coastal states territories. thus states ratifying the 1982 Treaty would necessarily be bound by new international laws relative to the distribution of marine life and transit passages.11 Thus law-making treati

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