CSS International Law Solved Past Paper 2016 Page: 2 of Question No. 2

CSS International Law Paper 2016 Part 2

Monoism vs. Dualism

The growth of international agreements, customs and regulation induced positivist theorists to tackle this problem of international land the state; and as a result two schools of thought emerged.

The monists claimed that there was one fundamental principle which underlay both national and international law. This was variously posited 'right' or social solidarity or the rule that agreements must be carried out (pacta sunt servando). The dualists, more numerous and in a majority positivist frame of mind, emphasized the element of consent.

Sanctions of International Law

The major difference with Municipal Law is the degree of centralization with regards to action in Serbia. There are certain in-built enforcement procedures in International Law

  1. Chapter VII of the UN Charter permits necessary action to maintain peace and security, eg. trade restrictions and embargoes against South Africa in 1977
  2. Article 51 of UN Charter confers right of individual and collective self-defense
  3. Article 94 of UN Charter allows parties to approach UNSC to enforce actions of ICJ
  4. There are provisions for economic sanctions and cutting diplomatic ties as well, e.g. Convention on Settlement of Investment Disputes 1966 Critical Analysis: Relevance of International Law in Modern Times

Major problem of international law

One of the major problems of international law is to determine when and how to incorporate new standards of behavior and new realities of life into the already existing framework, so that, on the one hand, the law remains relevant and, on the other, the system itself is not too vigorously disrupted.

For example, the advent of nuclear arms created a status quo in Europe and a balance of terror throughout the world. It currently constitutes a factor of unease as certain states seek to acquire nuclear technology. Another example is the technological capacity to mine the oceans and the consequent questions as to the nature and beneficiaries of exploitation. The rise of international terrorism has posited new challenges to the system as states and international organizations struggle to deal with this phenomenon while retaining respect for the sovereignty of states and for human rights.

The scope of international law today is immense. From the regulation of space expeditions to the question of the division of the ocean floor, and from the protection of human rights to the management of the international financial system, its involvement has spread out from the primary concern with the preservation of peace, to embrace all the interests of contemporary international life.

But the raison d'etre of international law and the determining factor in its composition remains the needs and characteristics of the international political system. Because the state, while internally supreme, wishes to maintain its sovereignty externally and needs to cultivate other states in an increasingly interdependent world, it must acknowledge the rights of others. This acceptance of rights possessed by all states, something unavoidable in a world where none can stand alone, leads inevitably to a system to regulate and define such rights and, of course, obligations.

The current system developed in the context of European civilization as it progressed, but this has changed. The rise of the United States and the Soviet Union mirrored the decline of Europe, while the process of decolonization also had a considerable impact. More recently, the collapse of the Soviet Empire and the Soviet Union, the rise of India and China as major powers and the phenomenon of globalization are also impacting deeply upon the system. Faced with radical changes in the structure of power, international law needs to come to terms with new ideas and challenges.

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