International Law and morality
How Many times as a citizen of this great nation does one hear, "I wish America would take care of its problems at home and not everybody else's problems. This attitude leads to ideas such as, "International law and morality has nothing to do with me and my family." However, it is said no man is an island, and no country is an island to be left alone. Therefore, as the world becomes a smaller place, the importance of international law, and morality must increase. In order to understand the importance of international law, one must understand what is international law. International law is, "The body of legal rules that apply between sovereign states and other entities having international personality" (Britannica). International law has come about because nations feel the need to live together peacefully. However, it has its roots in each country's self-interest, and there is no international law enforcing body. Each state has to adhere to the laws through cooperation. Also, some states have put international law into their jurisdictions. International law has come about by three processes, international customary law, treaties, and general principles of law. Customary law is sovereignty, recognition, consent, good fait
Britannica Online. Online. 10 Nov. 1998. Morality is also an important factor in international law. It can be the basis for many laws in the international system. For example, the issue of human rights is important and this is seen in international law. Just like the dictator from Chile, he was tried with crimes against humanity. Also, as countries, they must come to a decision of what is moral, but what is bad to some countries is not bad to other countries. Therefore, is it right to say our western Christian morals are what is right in the world, or is it our Buddhist neighbors to the East that have the correct morals? However, somethings could be agreed on as unethical. For example, what the nazis did during the second world war could be seen as unethical. This is where the world could agree on some international law based on morals. However, morality plays an important role in shaping international law. Also, there is a negative and positive position in international law and morality. The negative aspect comes in when nations think in a self serving way. The main points in the negative position are as follow: national interest, international anarchy, national sovereignty, nationalism, immorality of groups, cultural pluralism. The positive position takes on the point that all humans are brothers and have certain rights. The main points in the negative position are as follows: Natural law, cosmopolitan morality, society of states, the just war, human rights, world order (Maxwell 9-20). However, some bring up the argument what is moral foreign policy? Americans try to carry out moral foreign policy but sometimes it has to be in our self interest (Walden 1-11). It is also said that the disadvantage of moralism is its way of not measuring the possible consequences of pursuing the good, and the moralists are disappointed when things go wrong, and disappointed moralist can become disillusioned cynics (Thompson 4-5). Nevertheless, morality is an important factor in forming foreign policy. Himes, Ken. "The Morality of humanitarian Intervention." D'Agostino, Joseph. " U.N. Criminal Court Claims 21st Century. Ed. Jerry Makarczy. Cambridge: h, freedom of the sea, international responsibility, and self-defense among the states. Treaties help to form international law. Treaties are legally binding and may declare, change, or develop existing international law. There are some very important international rules controlled by treaties. Some of these important aspects of treaties are: diplomatic law, immunity, protection of nationals abroad, freedom of commerce, and succession to international rights and obligations. Also, large international organizations help form international law. Organizations such as United Nations play an important role in the development international law. They modify by consent rules of international law (Britannica). However, It has been said by some that international law is not really law. A positive theorist named Austin said that in
Some common words found in the essay are:
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Approximate Word count = 2035
Approximate Pages = 8 (250 words per page double spaced)
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