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Relation between State and Law

By the expression “vanishing point” in reference to international law and jurisprudence, he meant that international law and jurisprudence are parallel and therefore different and separate, although it may appear that they are one and the same at the vanishing point. 2) “Property”, as if we were speaking of the three states of the Reich, the word being used in the primary sense of a degree or rank in the system of position or social position, and therefore in the sense derived from the set of persons belonging to that rank or rank; and finally, Austin, Hobbes and Pufendorf are informed of their opinion that international law is a law of morality, since it has no positive sanction for its application. Hall and Lawrence, however, argue that international law is just as much a law as any other, which is generally recognized by states, although it may be overlooked here and there by some, like any other ordinary law. 4.4. Restrictions on law enforcement: State law is specific and obliged to obey. If someone is unable to enforce state law, he or she will be punished for it. On the other hand, there will be no punishment for the state if a state does not respect the law. There is an international tribunal, but this court always speaks of the favour of States. Select this option to get remote access when you are away from your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution`s website and Oxford Academic. International law is the negation of State sovereignty. Each State is sovereign internally and its authority over its subjects is absolute and unlimited. A sovereign State does not recognize a superior in international relations.

6. Rashid, H. U. Why do states obey international law? Excerpted from: www.thedailystar.net/law/2007/05/01/analysis.htm Thirdly, there will be no such institutes or organizations that legislate on international law. Basically, international law is made by the negotiations of states. These negotiations constitute the fundamental basis of international law. Through these negotiations, all laws take place between states. In short, the sanction behind international law is the conscience of the world. It is really very difficult to violate established norms and customs.

Thus, the weak state never acts against the strong state. Moreover, coercion is not the only basis for sanctioning a law. Justice and violence are the main reasons for law enforcement. International law can be called positive law because it is excluded from a sovereign of a common custom and its execution is necessary. Like other common laws, it is sometimes avoided, but does not mean that it does not exist. For all these reasons, Holland stated that international law is a vanishing point of jurisprudence. Last but not least, there are no specific laws in international law. For this reason, states have an important responsibility in the perfect implementation of this law. There are also benefits for someone who violates international law.

They are like protective measures, common protection measures, the implementation of state power. Fundamentally, in the world of time, interdependence among states is a tonic for obedience to international law. There will be so many political, economic, social and industrial measures to take action against the international violator. L. Oppenheim defined international law as follows: “International law or international law is the term designating the set of customary and treaty rules that are considered by civilized states to be legally binding in their relations with each other.” Thirdly, pressure from the international community obliges States to respect international law. All States want to have the image of being responsible, credible and trustworthy, and that image can only be achieved in accordance with international law. When a State does not comply with international law, it remains isolated from other States and, therefore, other States do not interact with that State because they know that the recalcitrant State does not obey international law. The state and the law cannot be explained outside social categories and have legal relations within them, where, with the help of legal norms, we know the rights and obligations of subjects of law.

Subjects of law become bearers of rights and obligations in their relations, which are related to the realization of legal norms, where with the creation of legal relations various social relations are disciplined. The term “right” (in French droit, in German law, in Portugal direitoo, in Spanish derecho) comes from the Latin word “directus”, from which come a number of Latin terms such as rex, region, etc. In other words, in each of the main Indo-European languages: law, law, jurisprudence, etc. The function of the State includes functions related to the general social interest. The State is an independent and strong social organization, which protects public health, traffic and many other activities. The State and the law are State activities for the protection of the interests of the State, and this is achieved through the monopoly of physical force. The State and the law protect and implement political, economic or patrimonial relations. The function of the state and law, on the other hand, is presented as a function of the obligation of the state, that is, if necessary, by the monopoly of physical force, that is, by coercion, as an organized state power. For the state function, we will stop and analyze its two elements: the element – internal function and the element – external function. The essential element of the rule of law is the conduct of the legal person, as required by the rule of law. In this context, these are cases where legal entities behave on the basis of legal or ancillary acts adopted by competent public bodies or other legal persons. Standards can generally be divided into two groups: laws of nature, technical standards, and social norms.

These are social norms that contain social sanctions. On this basis, we can divide social norms into three groups: a. social norms, which in themselves constitute sanctions applied by the unorganized society; b. social norms, which are sanctions applied by a social organization, enterprise or similar; c. social norms, which are sanctions used by a particular social organization called the state. First, international law is relations between nations and controls relations between institutes and institutes. Similarly, under Article 94, paragraph 2, of the Charter, when a State party to proceedings before the International Court of Justice fails to fulfil its obligation under a judgment of the Court, the Security Council may, at the request of the other State party to the same case, make a recommendation or decide on the measures to be taken: in order to give effect to the judgment. Moreover, the Charter of the United Nations does not authorize, collectively or individually, the use of force to enforce international law generally.

Such a connotation belongs to a graduated and hierarchical society in which there are different states or “states” (or types and conditions of persons) arranged in ascending degrees, and one of these states or “states” is the state par excellence. According to this theory, international law and national law are separate legal entities that operate independently of each other. In dualism, the rules and principles of international law cannot be applied directly in national law and must be converted into national law or incorporated into national law before individual rights and obligations can be affected.[9] The main differences between international law and national law are considered as the sources of law, its objects and its object. International law derives from the collective will of States, its subjects are the States themselves and its object is relations between States. National law derives from the will of the sovereign or the state, its subjects are the individuals within the state, and its object is the relations of individuals with each other and with the government. 6.2. International customs: International customs, which are generally recognized by the family of nations with their treaty among themselves, are also a source of law. There is a difference between “custom” and “usage”. Personalization starts where use ends. The use has generally not received a full legal justification, while the habit does. It is also an important source of law. (1) “succession” means a position or position in relation to any form of ownership (“immovable property” on land or “personal property” on movable property); The law is respected for fear of punishment.

The law of the state is supported by its sovereign authority. International law, on the other hand, does not recognize such sanctions. States obey it at will and can break it at will. Such a violation must not be followed by corporal punishment. A controversial question is the extent to which sanctions, including by external force, are available under international law to ensure respect for its authority. On the one hand, there is the view that international law is a system without sanctions. It is not entirely true that there is no violent way to force a State to respect international law.

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