International Law for Sources and Status as Law - myassignmenthelp

Question: Discuss about theInternational Law for Sources and Status as Law. Answer: International Law and Organizations Why have Multinational Corporations (MNCs) become so important in international relations and law? Business companies which operate in one or more countries are known as Multinational Corporation or transitional corporations. These kinds of corporations are rapidly becoming an active part of international relations which specific regards to the issue of human rights. Historically multinational corporations have been heavily involved in domestic and foreign markets and thus have become center of discussion in relation to economic development and international law. These corporations perform their operations in various countries. Such countries are governed by domestic law and therefore it would be difficult for the international organizations to comply with different domestic laws and changing political situation specifically of the developing countries. International law has to intervene in order to ensure that the organizations are not exploited by the domestic governments (Nowrot, 2004). On the other hand international human rights law also has to intervene in the functioning of such organizations because these organizations employ thousands of workers all over the words who are at the risk of being exploited by the organization. The organizations may not provide proper working conditions to the staff in order to maximize their profit. The huge availability of fund for such organization also initiates corruption within different countries. Multinational organizations are companies who are operated centrally and function in various countries. The absence of corporate regulations in international law for such organizations causes gap in corporate governance and accountability lack. Therefore the issues related to multinational organizations are becoming an important area of concern in the study of international relations and law (Sornarajah, 2017). Despite considerable emphasis by some international law scholars on court cases and precedents, can an argument be made that treaty law is the most important source of international law? Why? International law is the body through which the conduct of the states in relation to each other is governed. There are various sources of international law which include international customs, treaties, the decision of the international court of justice, scholarly writing and general principles of law which are accepted by the nations. The provisions and principles which govern the relation between states are derived through these materials. According to (Paust, 2015) treaties between states are the primary source of international law. They are considered hard law as they are the most persuasive source of international law. Treaties form a contract between the states who are parties to it like a defense pact or an extradition treaty. Treaties can also play a role of legislations in international law to govern a particular matter of international relation or establish the constitution of international organizations. These are considered as the most important source of law between the states because they themselves get into the treaty by understanding their rights and obligation therefore leaving little if any scope for further dispute however the way in which the treaty has become legally binding is essential to determine whether they are a competent source of law or not. International customs and case precedents are also important sources of international law however they are not as important as treaties as they do not have a legally binding effect as strong as what is created by a treaty between the states. Therefore it can be evidently stated that treaties are the most important source of international law. In the absence of a world government, in what way can the legislative function be carried out at the international level? Global government or world government is the movement of a common political authority established for developing global government, single state and all of humanity. However such a framework is not practically present in the area of international law. The question which arises is that how are the functions of a legislature carried out in relation to drafting international legislation. International legislations are generally framed by the United Nations which is a body from with the association of several member states. Legislations on international law are formed by mutual consent of the nations which is given either by a treaty agreement or an international practice. Such agreement or practices may consist of two nations which is known as a bilateral agreement and may also consist of several nations which are known as a multinational agreement. All nations are sovereign and no one has the right to tell them what is to be done. The way in which each nation may act for the purpose se curing its rights in relation to international law is decided by the nation itself. For instance if a state believes that it fishermen are invading its territories it can either tell the other state to stop such invasion or get into a treaty to allow its fishermen from entering the other state. Therefore the rights which are provided by the states to other states come back to them as their own rights. Thus when Global government or world government is not present the legislative functions of international law are carried on based upon the mutual consent of the states (Kaczorowska, 2015) What are the jurisdictions coastal states possess that extend seaward from the baseline of a state? Maritime laws which are recognized by international law include territorial seas, internal waters, exclusive economic zones, continental shelf, contiguous zones and high seas. Except of the High Sea each maritime areas is measured from the baseline and is determined according to customary international law as reflected in the law of the Sea Convention 1982. According to the convention every costal state has the right to claim a territorial sea from its baseline which is extending seaward to 12 nautical miles. Sovereignty is exercised by the coastal states over the territorial sea along with the air space over the water. The jurisdiction also extends to the sea bed and subsoil in the area. An innocent passage is enjoyed by the foreign seas subjected to the rules and regulations which have been accepted by the state and are in accordance to the convention as other rules of international law. A contiguous zone may also be claimed by the state which extends to 24 nm from its baseline. He re the state may implement control to ensure protection of immigration, custom, fiscal and sanitary regulations. An exclusive economic zone may also be claimed by the states which may include 200nm from its baseline. Here the states are provided with the right to explore, exploit and manage natural resources from the sea (Hill Kulkarni, 2017). References Hill, C., Kulkarni, Y. (2017). Maritime law. Taylor Francis. Kaczorowska-Ireland, A. (2015).Public international law. Routledge. Nowrot, K. (2004). Multinational Corporations and International Law. Paust, J. J. (2015). Customary International Law: Its Nature, Sources and Status as Law of the United States(1990).Michigan Journal of International Law,12, 59-76. Sornarajah, M. (2017). The international law on foreign investment. Cambridge university press.