Essay on Public International Law
11 Pages4469 Words303 Views
Added on 2019-12-28
Essay on Public International Law
Added on 2019-12-28
ShareRelated Documents
Public International Law
International law is one of the important factors which deals with the agreement signedbetween countries. It is considered as the set of rules and regulations which will be governingrelations between the state and between nations. There are many treaties which have beenestablished to promote rights and duties of the state. Such agreements are also formed fordeveloping a relation between many states or nations1. There are many types of internationallaws such as private and public international law which will deal with either by the privateperson or by the entity established on an international level. There are some standards ofbehaviour which are to be accepted globally by the state so that it will be easy to govern therelation between them. Such standard form of behaviour is covered into the public internationallaw. The following essay shall create a focus on different areas governed in public internationallaw. Main aim of the essay is to create a better understanding about all aspects of internationallaw2. A legal status of an individual or organisation or a state is referred as the entity that mustbe recognised by law along with having rights and duties which are established by law. Anyperson or any entity can possess a legal status, all requirements are required to be fulfilled to getrecognised by law to confer the rights and duties arising from it. In private international law, ithas been seen that there are many states and nations which pursue an interest to form agreementof convention with another state. To do so, it is necessary that the state must have a legal status,that is, it must be recognised by law and should confer rights and duties to be arising out ofapplication of public international law3. For example, it has been seen that an agreement has beenformed between EU and Morocco by which both these states are able to carry out an activity offishing in the territorial waters of Western Sahara. It was claimed by Frente Polisario who said inthe court of UK that an administration shall be there over tarrifs applied and second measure wasabout fishing in territorial waters have violated human rights which are present globally in public1Azman-Saini, Ahmad Zubaidi Baharumshah andSiong Hook Law. Foreign direct investment, economic freedomand economic growth: International evidence [2010]. Economic Modelling. 27(5). pp.1079-1089.2Frank Biermann and Ingrid Boas. Preparing for a warmer world: Towards a global governance system to protectclimate refugees [2010]. Global environmental politics 10(1). pp.60-88.3Curtis Bradley and Mitu Gulati. Withdrawing from international custom [2010] The Yale Law Journal pp.202-275.
international law. In this context, it is important to know whether Western Sahara possess anylegal status or not4.Legal status of Western SaharaStates are always considered as the major subject of international law. With theapplication of equality in sovereign, all states have the right to enjoy international legalpersonality. There are certain rights which are given to a particular state. These rights and dutiesare important so that an agreement shall be formed by the nation-binding another country to forma convention. When rights are given to a state then only, it shall possess a power to make relationor to form convention with another nation5. For an example, there are certain human rightspresent in Western Sahara which are initiated by its government after difficult times and due tothese human rights, another country is able to make an arrangement or a contract with differentnation. A state can be recognised by another state with the operation of law they shall possess apower or right to make an agreement or treaty by another state so it can be said very clearly thatWestern Sahara I constituted as legal personality.Another reason by which Western Sahara has recognised as legal personality is thatnation is the member of African Union. It is known as continental union which will comprise of54 nations of Africa. Main purpose of establishing AU is that there shall be a greater amount ofunity among all countries which are residing in Africa. By the means of AU, a form of peace,integrity and security shall be maintained. The most important part of AU will be some means ofdemocratic principle that shall be set within country which will promote effective governance inthe country6. AU also helps in providing human rights to people who are residing in country thatis there are certain human rights that are necessary to be recognized and according to the Charterof African Charter on Human Rights and people's right, several nations are able to enjoy thesame. Out of 54 countries, comprising in AU Western Sahara is one of them which will compriseof human and legal rights as well. On the other hand, it can be said that Western Sahara is one ofthe legal personality as it shall govern the rights which were given by the African Union to itscountries. It has been further seen in the union that an executive council is being set by the union4Stephen Brammer and Helen Walker. Sustainable procurement in the public sector: an international comparativestudy [2011] International Journal of Operations & Production Management 31(4) pp.452-476.5James Crawford. Brownlie's principles of public international law [2012] Oxford University Press.6Andreas von Staden and William W. Burke-White. Private Litigation in a Public Law Sphere: The Standard ofReview in Investor-State Arbitrations [2010] Yale Journal of International Law 35 p.283.
which will comprise of ministers designated by government of member state. The matter relatedto trade in foreign, social security, food and agriculture are generally decided by ExecutiveCouncil7. Hence, it can be taken on a very clear context that Western Sahara is considered as oneof the legal personalities as it has been recognised as state by another state due to several rightsand duties present in nation and such rights and duties will empower Western Sahara to makeagreement with other countries. On the other hand, it is a member of African Union which willgive human rights to the state and shall look for the policies and affairs which are presentglobally. It has been further seen in the legal status of Western Sahara that it is listed among theNon-self-governing territory with the right to self-determination by UN DecolonisationCommittee. The committee declared support of government to those countries which are not ableto establish control of itself and need UN support but Western Sahara is the nation with self-determination, that is, it has the capability to carry out control and all the activities by own.Hence, it shall possess the power to enter into an agreement with another state regarding anykind of foreign trade or any business activity8.Legal status of National Liberation MovementAdvocate general, Melchior Wathelet has mentioned his opinion against the case whichis being instituted in ECG regarding the breach of self-determination right of Western Sahara.The court has made an opinion that Western Sahara is not a part of Morocco's territory, soneither the agreement related to liberalisation nor EU- Morocco association shall be applied inthe country. According to several researchers, a national liberation movement is considered asthe legal personality as they are the organisations having a rebellion nature against colonial rule.They are the movement which will establish an interdependence in the country that is dependentupon the identity of a nation. It is very clear from the fact that such movements are recognised bylaw as they help in making interdependence within nation9. Such movements shall possess valuefor nations which are dependent on the government of any other state. Such movements can7Kuan-Chung Chen and Syh-Jong Jang. Motivation in online learning: Testing a model of self-determinationtheory [2010] Computers in Human Behavior 26(4) pp.741-752.8Ori Eyal and Guy Roth. Principals' leadership and teachers' motivation: Self-determination theory analysis[2011] Journal of Educational Administration 49(3) pp.256-275.9Joseph P.H. Fan, Sheridan Titman, Garry Twite. An international comparison of capital structure and debtmaturity choices [2012] Journal of Financial and quantitative Analysis 47(01) pp.23-56.
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Vienna Convention on the Law of Treatieslg...
|14
|3496
|15
Coastal State's Jurisdiction over the Sea with Reference to UNCLOS 1982lg...
|9
|3026
|1
International Commercial Maritime Lawlg...
|12
|4453
|73
legal and contractual requirements for public and private sectors PDFlg...
|9
|3630
|171
International law Assignment Sample (pdf)lg...
|3
|729
|126
Jamaica's Sovereign Rights in Territorial Waters: A Study of Maritime Lawlg...
|4
|680
|407