Monday, August 12, 2019
With specific reference to post-1990s developments, critically Essay
With specific reference to post-1990s developments, critically evaluate the scope of the doctrine of humanitarian intervention under Article 2 of the United Nations Chapter - Essay Example ââ¬Å"The Statute of the International Court of Justiceâ⬠2 forms an integral part of ââ¬Å"the Charter of the United Nationsâ⬠3 and is annexed to it. The main objective of the Statute is ââ¬Å"to organize the composition and the functioning of the Courtâ⬠4. It is ââ¬Å"the principal judicial body of the United nations and functions according to the ââ¬Å"provisions of the present Statute5â⬠. The Article 38 of the International Court of Justice (ICJ) Statute is elaborated below. Various sources of the International Law have been recognized and emphasis has shifted between them over recent times. This has brought about remarkable results in creating ââ¬Å"far reaching changes in the political shape of the worldâ⬠6. The legal relationships among the different nations have undergone vast positive changes. The ICJ has the responsibility to make decisions over the disputes that are submitted to it, in ââ¬Å"accordance with the international law7â⬠. Being an organ of the United Nations, the Court is bound to perform its tasks ââ¬Å"in compliance with the Charterâ⬠8 in order to promote ââ¬Å"human rights and fundamental freedomsâ⬠9 In its functionalities the court shall apply either general or specific international conventions and establish the rules that are distinctly recognized by the concerned states. The Court will also make use of the international custom which will serve as an evidence of the common practice of acceptance of the law . The principles of law that are generally recognized by the civilized nations would be put into effect. According to the provisions mentioned in the Article 59, the process of determining rules and regulations for the nations would involve ââ¬Å"the teachings of the most highly qualified publicists of the various nationsâ⬠10 and their judicial decisions. It would act as a subsidiary means towards the determination of the
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.