INTERNATIONAL LAW

Posted on

DOWNLOAD KEPUTUSAN MENTERI AGAMA REPUBLIK INDONESIA NOMOR: 347 TAHUN 2022 TENTANG PEDOMAN IMPLEMENTASI KURIKULUM MERDEKA PADA MADRASAH DISINI

INTERNATIONAL LAW
INTERNATIONAL LAW

FINANCIAL CHESTLaw exists solely in society, and there is no society without a legal framework that governs how community members interact with one another. So there will be a worldwide community if we speak about international law. People from all across the globe are thought to make up the international community. The communities in which international law will apply and that members of the international community will understand one another define the character of international law . What matters is that there is interdependence among members of the international community; it is not enough to have widespread agreement (common social consciousness). The presence of a broad agreement that causes the obligation to manage life together is a vital feature for any community, as is the requirement for compulsion that underpins the legal system.

Brierly cites Frederick Pollock’s viewpoint “the only essential conditions for the existence are the existence of a political community, and the recognition by its members of settled rules binding upon them in that capacity, international law seems on the whole satisfy these conditions.”

As a result, international law is required by the international community. Because the international community is not static, international law evolves in tandem with societal growth.

This article will explain why the term international law was chosen. It will explain the link between international law and international civil law, transnational law, and international relations after you understand the phrase international law. In actuality, there are four types of international law: general international law, special international law, regional international law, international law, and world law. It will also be researched how the evolution of international law and the essence of international law have evolved.

It is anticipated that after reading this article, you will be able to explain:

  1. why the term “international law” was chosen; 
  2. differences or similarities between the laws that govern relations across national borders, namely international civil law and transnational law; 
  3. the importance of studying international relations if you want to understand international law; and 
  4. the distinction between international law and world law.

Because the international community, as the sociological underpinning of international law, continues to evolve, so will international law; thus, understanding the evolution of international law is essential.

Because international law differs from national law, it is vital to understand the essence of international law.

International (public) law is sometimes known as law of countries or law of nations. We used the word international law because it is more accurate in describing how international law governs interactions not just between states but also between states and non-state legal subjects and between non-state legal subjects. According to Mochtar Kusumaatmadja, international law encompasses all of the laws and concepts that regulate cross-national relationships or concerns.

  1. Nation by nation.
  2. Countries that have non-state legal subjects or non-state legal subjects that have non-state legal subjects with each other.

We shall separate the law that governs transnational relationships, namely international law and private international law. Similarly, we’ve all heard of multinational law.

In practice, international law is divided into three categories: general international law, special international law, and regional international law. Special International Law refers to international law that applies between specific nations and is not restricted to certain areas. Regional International Legislation is the law that governs nations in a certain area.

Regional International Law develops from the region’s traditions. Special International Law develops from international treaties. Special International Law and Regional International Law may both help to shape General International Law.

The concepts of international law and global law are distinct. Because international law governs the connection between equal legal subjects, the controlled legal relationship is a coordinating legal relationship. In global law, the notion of authority over other subjects exists, and the legal relationship is subservient.

The creation of international law dates back to ancient times, but contemporary international law dates back to the Westphalian treaty that closed the thirty-year w4r (1618-1648) conference that acknowledged equal rights. At the period, the essence of international law was European and Christian. With the acknowledgment of Turkey as a non-European and non-Christian nation in the mid-nineteenth century, that nature shifted. The French Revolution brought forth a significant transition in which the king’s ultimate authority was given to the people. Napoleon succeeded in expanding his rule to North Africa when he came to power in the late 18th and early 19th centuries. Napoleon was defeated in 1815, which resulted in the Vienna Congress. When Napoleon was in power, there was a movement among European monarchs to form the Holly Alliance, which sought to restore the king’s absolute sovereignty. The Holly Alliance will band together to quell the uprising in its Latin American colonies, where the rebels desire to be free of colonial domination. The United States reacted strongly to the Holly Alliance’s attempts to quash the colonial uprising. The United States adopted the Monroe Doctrine, which effectively said that it was America for America and resisted European intervention.

Another significant milestone was the 1864 Geneva Peace Treaty, which paved the way for the 1899 Hague I Treaty and the 1907 Second Hague Treaty.

This was followed by World W4r I, which culminated in the formation of the League of Nations. The LBB was unable to avert the outbreak of World W4r II. World W4r II concluded with the formation of the United Nations, which is still in existence today.

International law contains fundamental flaws, such as the lack of a legislative body, an executive authority, and a court, yet these flaws do not imply that international law is not lawful. Although international law does not have these entities, it does have its own framework for creating treaties and implementing the law.

Leave a Reply

Your email address will not be published. Required fields are marked *