Thursday, September 26, 2019

The influence of great opinionated powers on international law Essay

The influence of great opinionated powers on international law - Essay Example Precisely, it has the capability to mould the jurisdiction according to its desire and enforce it to prevent any operation globally that it cannot stop without any legal procedure. Basic function of international law is to bring peace and calm around the glob. In the primitive ages when the world was not much civilized, there used to be constant wars usually for land acquisition, to strengthen an empire or an urge to conquer a vast area in order to leave a distinctive mark on the fabric of history. In those days it was easier to manage the municipal criminological affairs as compared to today's world, because the states had powers to handle the local problems. But unlike today, there lacked a system to manage peace among nations or states because the reason could be an intense sense of self esteem and great height of confidence on armies. Hence, the rulers preferred to ruin the weaker states and hold them under their empire. In this way they used to kill the peace and bust the basic human rights. As the time passed and with the development of human intellect, church began to mediate the international disputes. Particularly in the era when nations had a fashion to self govern themselves, church was the supreme power to handle international and to some extent local problems. This practice was also undertaken in ancient civilizations such as Greeks and Egyptian civilizations. Modern international law is often affirmed as a product of modern European civilization as well as Egyptian Pharaohs entered into treaties of alliance, peace extraditions, and the treatment of envoys with neighboring kings as early as the 14th century. But they could not make an adjustment with European law by all means. As a result the purpose of peace remained disputed. As Becker (2006, p.149) says, "International law is the product of special civilization of the Europe and forms a highly artificial system of which principles were not understood by civilizations differently civilized" Concept Of Sovereignty Further consolidations brought the international law to a phase where the idea of sovereignty came into existence. It was considered that peace was the major ingredient for the survival and progress. So in 15th century a new trend evolved, and that was, representatives of all the nations were gathered under one roof and every issue was resolved on the basis of treaties and debates rather than wars or by the use of powers. So in other words the trend of domestic law was reshaped into a broad spectrum or in modern sense international law. In the 14th and 15th centuries there was a modification that rather than self governing the states used to send their representative that reflects the problems of state in front of the sovereign authority and then a common treaty was passed in consent with all the representatives. Their motive used to be to avoid war and bring more peace. During 14th and 15th centuries the practice of establishing resident missions started in Italy. By this time the practice of arguing in front of adversary's council or assembly had apparently become obsolete. The envoy was expected to be in constant touch with receiving sovereign and to join or oppose intrigues in order to safeguard the interests of his master. Murty (1989, p4) demonstrates, "during the following two

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.