Friday, February 21, 2020

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

International Law - Essay Example Treaty law essentially entails the same binding nature as custom, and is only distinguished from custom because it is more formal than the former.2 However, treaties are generally written law and as such is a more certain source of international law.3 Although some international 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 between States in written form and governed by international law, whether embodied in a single instrument or in two 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 first kind of treaties i s law-making treaties that establish rules that are universally and generally applicable. The second kind of treaties at international law are â€Å"treaty-contracts† which are concluded between two or more states and cover specific issues relative to the contracting 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 identify 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 come to be known as â€Å"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. The immediate ne eds of the international community arose out of developments at the economic and industrial levels which were increasingly tightening the interconnectedness of states. Thus 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 articulate 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 1982 Treaty also p rovides new provision such as the creation of the International Sealed Authority for controlling the distribution of marine resources. Moreover, transit passages 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

Wednesday, February 5, 2020

Concept of culture Essay Example | Topics and Well Written Essays - 250 words

Concept of culture - Essay Example â€Å"Culture is essential for the existence of a society, because it binds people together† (Kartha). Some of the major aspects of culture include social norms and values, language, religion, ceremonies and festivals, food, clothing, and arts and literature. Cultural relativity is an important concept related to culture. It means that any good or bad deed is related to the cultural norms and values. An action, which is socially approved in a culture, is good whereas an action, which is not approved in a culture, is a bad action. Almost all cultures tend to be ethnocentric in nature. The reason is that people belonging to any specific culture or society usually perceive things according to the perspective of their own cultures. For example, a person living in the Indian society will see every matter of life according to the mindset developed by Indian culture. He/she will not see any matter from the perspective of American or European culture. Therefore, we can say that cultur e not only influences the living style and mindset of people but also plays a considerable role in shaping behaviors and characteristics of the people living in any society. Works Cited Kartha, Deepa. â€Å"What is Culture.† Buzzle.com, n.d. Web. 19 Jun. 2011.