Saturday, June 15, 2019
International Law Assignment Example | Topics and Well Written Essays - 1000 words
International Law - Assignment ExampleStates may also uphold the principle of international law, even when national interests do non benefit from it, in order to protect universal and common human values. Treaties and their effectiveness can be measured using their success in ensuring all parties abide by the agreement (Chayes & Chayes, 2008). Nations enter into international treaties with other recounts because of the need. Nation states enter into treaties for political and military alliances, territorial exchanges, international violence control, world of new states, and peacemaking. Treaties set out the rulesin a clear version, compared to other forms of international law. Nation states also find it to be easier to achieve the consent with treaties, as compared to other international laws. perplexity 2 2. With regard to the 2009 military putsch in Honduras, it appears that the national Congress, Supreme Court, attorney-general and military supported the detention or removal of an elected leader on radical grounds. In such a case, does the international community, or outside States have the right to condemn the coup? How does UN Charter Article 2(7) fit into the picture? No foreign authority or power recognized the coup leaders presidency. ... Despite the far-flung condemnation of the Honduran coup, and suspension of the country from receiving aid from the EU and the US, efforts to reinstate Zelaya to power have failed. President Zelayas removal and replacement was an interruption of the countrys constitutional democratic order (Halperin, 2011). If this coup were to stand, it would portend a dangerous democratic precedent for other countries. Thus, the international community needed to act to protect themselves from the misadventure of a recurrence in their own country. Article 2(7) of the UN charter states that the UN can not intervene in matters within an individual states internal jurisdiction. Since the Honduran coup did not breach chapter Vii o f the UN charter, the article stands. Despite the precedent the coup set, the international community could not intervene in the matter. Question 3 3. What sorts of reservations do signatories insist on in, for example, an agreement such as CEDAW? A reservation is a unilateral statement made by a nation state when ratifying or approving a treaty, whereby they purport to vary or exclude certain provisions and their legal effects in that states application (Blanchfield, 2009). The reservation must be rejected or accepted by other states for it to be valid. In the case of the reservations rejection, that the state must first withdraw its reservation to be part of the treaty. Article 19 of the Vienna Convention allows reservations unless the treaty impliedly or expressly prohibits reservations. If the reservations requested are not compatible with the purpose and object of the treaty, then the reservation is invalid. In CEDAW, the United States signed, but did not ratify the multilate ral convention. CEDAW defines women discrimination as Any
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