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International Law
Efficiency of the international laws
There has been a growing concern over the international law and the application of the same bearing the different settings and backgrounds against which these laws are applied. As they are international laws, so they are taken to be universal with the difference in the reality one the ground differing from one country to another, one continent to another, being of little or no significance at all. Here then comes the issue of the efficiency of these international laws and their universal relevance hence the sustained questioning of the relevance of some of these international laws in given setting.
It is presumptuous to insinuate that the international laws can apply in a universal applicability of the international law since to some extent it is bound to lose touch with the realities of member states hence rendered irrelevant and inefficient. The international law and its applicability must in a way cater for the wider interest of the signatory state in terms of its military, its economy and even its foreign relations in order for these laws to have significant support and effectiveness in such a nation. The laws must also be those that cater for the general values that are held as of great significance by the...
If there is a wide gap and conflict between the values that are held dearly by the significant majority of the people of a given state, then such laws risk running irrelevant hence inapplicable. The formulation and the application of these laws must also be acceptable in substance and conforming to the procedures and norms that are recognized by the states, lest it runs the risk of being inefficient at the end hence invalid. The efficiency and validity of the international laws also depend on the establishment of the institutions that are charged with operationalizing such laws at the international level and at the state level as well (Yusuako, O., 2003:115).
It cannot be wished away that there are several factors as well that emanate from the addressee nation, from their internal view and will as well as participation in the implementation of these international laws. Of significance therefore is the state towards which the laws are directed and which are member states and signatories. The institutions and instruments of power and governance system within the country determine a lot the effectiveness of the international laws. If the institutions have no respect for the rule of law, then it will be extremely difficult to apply the international law, since even…
Reference
Yusuako, O., (2003). International Law in and With International Politics: The Functions of International Law in International Society. EJIL Vol. 14 No. 1.Pp114 http://ejil.oxfordjournals.org/content/14/1/105.full.pdf
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