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International Law

Question: Is there a right of pre-emptive self-defence in international law? Should there be?

Answer: The amount of material available to consider is vast and certainly beyond the scope of this essay. What has been attempted is a chronological look at the concepts behind self-defence and pre-emptive self defence in terms of academic discussion, historical fact, and a reference to some of the modern scenarios. There are some initial observations to be made regarding this topic, primarily to do w......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The WTO has successfully managed to settle disputes between the member states.’

Critically evaluate this statement with reference to recent case law.

(International Economic Law Assignment)

Answer: Fifteen years have passed since the WTO dispute settlement system became operational. Since then, it has been the most prolific of all international settlement systems. As a prime objective of the DSS; the prompt settlement of disputes between the Members of the WTO concerning their respective rights and obligations under WTO law is essential. Members can use the settlement system both as a mean......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: What is the role of International Law in the modern world?

Answer: International law has the potential to affect the aspirations of billions of people throughout the world; people who need to be provided with a more tolerable present and at the same time be enabled to envisage a future which is respectful of their dignity and their culture. Little today is done in the international arena that is not regulated in some way by international law; however, in order to......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Please access the NATO report available on this web page relating to the assessment of the NATO bombing of Kosovo.
Critically assess the importance of this report for international criminal law. You may, if you wish, either provide a general review of the report or examine a specific issue raised by it that you consider is significant for ICL.

Answer: NATO controversially utilised cluster munitions in its air bombing campaign of Kosovo. Despite this being a topic of great controversy in the ICL arena, we see how the OTP in their Report give it – what can only be described as - a “fairly short shrift” . Arguably this could be deemed indicative of the Committee’s intentions to steer clear of what has developed to become a matter of “dub......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically assess the role of the International Criminal Court in laying permanent foundations for international criminal law.

Answer: The creation of the International Criminal Court on 1 July 2002 (as a result of the ratification of the Rome Statue of the International Criminal Court by the international community) was said to have “opened up new hopes and raised new challenges for international criminal justice.” Its objective was ambitious; “to replace a culture of impunity for the commission of very serious crimes�......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: International use of force law has come under intense scrutiny in recent years. Critically discuss this body of international law and its current fitness for regulating its subject area, i.e. international uses of force.

Answer: In international law the use of force is generally prohibited. Its rules are commonly seen to be embodied by the UN Charter - the international treaty which binds all the states – in Article 2(4). Furthermore the Charter has been established in customary international law as was highlighted in Nicaragua and as such is regarded as jus cogens. The Article announces that all states must avoid thre......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Is there a future for the principle of self-determination in international law in the post-colonial world?

Answer: Ever since the principle of self-determination entered the lexicon of international politics during World War 1 the precise meaning and scope of this elusive concept has been the subject of inexorable debate. For whilst the idea lends itself to simple formulation in words which have a semblance of universal applicability and perhaps of revolutionary slogans when the time has come to put it into o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The advisory opinions of the International Court of Justice in the Namibia (South West Africa) (1971) I.C.J. Rep. 16 and the Western Sahara (1975) I.C.J. Rep. 12 cases held that the right to self-determination of peoples had achieved the status of jus cogens.

Discuss what these opinions tell us about the status of peremptory norms in international law and how they are created and extinguished.

Answer: What is Jus Cogens? Jus Cogens are the basic and fundamental rules of International Law. A Jus Cogen is a peremptory norm of international law. Jus Cogens have been likened to a Public Order and must have staying power and stability . They are recognised internationally and any Treaty deemed to have Jus Cogen status cannot have reservations entered against it. Jus Cogen’s can only be ove......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: AIRCRAFT LAW - LIABILITY

Explore the problems regarding aircraft liability in the international realm.

Answer: The problems regarding aircraft liability in the international realm primarily relate to resolving issues of legal status of international airline passengers and cargo. The issues are defined as follows: sovereignty over airspace, the impact of aerospace craft on the environment, the role of aerospace technology in the international system, weather modification, air safety and international avia......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss the role and importance of international commercial arbitration as an alternative dispute settlement mechanism in the present day world.

Answer: Arbitration can be defined as where parties state their views, offer evidence at an arbitration hearing, and agree to let an impartial, professionally-trained arbitrator make a decision that will end the dispute . In most cases, once the arbitrator hears the evidence, he or she hands down a binding decision. There is, however, also non-binding arbitration where the disputing parties put their case......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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International Law

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