International Law Traditionally International Law Term Paper

Download this Term Paper in word format (.doc)

Note: Sample below may appear distorted but all corresponding word document files contain proper formatting

Excerpt from Term Paper:

It has given a clear signal to unscrupulous tyrants and murderous dictators around the world that they have no place to hide. Earlier, they could escape prosecution for their crimes by brow-beating or manipulating the judicial system in their own country; the expanding reach of international law has now made it possible for them to be answerable for such universally unacceptable crimes (Kenneth Roth).

The benefits of international law are also recognized by private business. For example the U.S. Apparel Industry Partnership has voluntarily agreed to a standard code of conduct that prohibits forced labor, child labor, and workweeks exceeding 60 hours. This has had a significant effect on the operation of U.S. companies in poor countries and helped to prevent the cruel exploitation of cheap labor (Ratner 71). The signing of the "Sullivan Principles" by more than 100 U.S. companies in 1977 that call for desegregation in the workplace, equal pay, and equal employment practices has had a similar effect (Ibid.)


Extending international law beyond its traditional boundaries also has its trade-offs. The most significant of these is the relative reduction in sovereignty of nation-states that the growing reach of international law necessitates. Although opponents of international law vehemently resent the encroachment of international law on state sovereignty, it does not seem to be such a bad trade-off on serious reflection. Consider the fact that individuals living in a country voluntarily give up some of their sovereignty to the government as part of a 'social contract' for the collective good. The government, in turn, uses these powers to provide safety, and other necessary facilities for its citizens so that they may pursue their own individual development in a conducive environment; the alternative to such an arrangement, everyone agrees, would be chaos and anarchy. The same principle applies on an international level: by trading a small part of 'state sovereignty' at the individual level, all countries can reap the benefits of international law at the collective level.

Similarly, some people in the more powerful countries fear that the reach of international law beyond state-to-state relations would restrict their country's clout at the global level. Influential people such as Henry Kissinger also oppose the application of international law in matters of criminal justice by advocating that the concept of universal jurisdiction risks replacing the tyranny of governments with the 'tyranny of judges.' (Kissinger) However, even if international law diminishes the powers of the more powerful states to some extent, it is not a bad trade-off. In most countries, a number of domestic laws are made to empower the poorer sections of the society and are generally considered to be 'good' laws. By the same logic, international laws that reduce the powers of the powerful nations and empower the poorer, less developed nations should be an acceptable trade-off.

Works Cited

Hathaway, Oona a. "Two Cheers for International Law." The Wilson Quarterly Autumn 2003: 50+.

International law." The Free Dictionary. 2008. January 14, 2008.

Kissinger, Henry. "The Pitfalls of Universal Jurisdiction: Risking Judicial Tyranny." Foreign Affairs. July/August 2001. January 14, 2008.

Mcwhinney, Edward. "1. Shifting Paradigms of International Law and World Order in an Era of Historical Transition." International Law in the Post-Cold War World: Essays in Memory of Li Haopei. Ed. Sienho Yee and Wang Tieya. London: Routledge, 2001. 3-17.

Ratner, Steven R. "International Law: The Trials of Global Norms." Foreign Policy Spring 1998: 65+.

Roth, Kenneth. "The Case for Universal Jurisdiction." Foreign Affairs. September/October 2001. January 14, 2008.

Utley, Jon Basil. "John Bolton and U.S. Lawlessness." September 27, 2006. January 14, 2008.

It is pertinent to note that environmental NGOs played an important part in the drafting and negotiations of the Kyoto Protocol and it is now no more unusual for NGO and corporate officials to serve on governmental delegations in such international conferences.

John Bolton, the U.S. Ambassador to the UN in 2005-06, is a leading proponent of this theory and believes: "It is a big mistake for us to grant any validity to international law even when it may seem in our short-term interest to do so -- because, over the long-term, the goal of those who think that international law really means anything are those who want to constrict the United States." (Quoted by Utley, 2006)

International Law[continue]

Cite This Term Paper:

"International Law Traditionally International Law" (2008, January 14) Retrieved December 3, 2016, from

"International Law Traditionally International Law" 14 January 2008. Web.3 December. 2016. <>

"International Law Traditionally International Law", 14 January 2008, Accessed.3 December. 2016,

Other Documents Pertaining To This Topic

  • Law of International Banking

    Regulation of Banks Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in the national economy is demonstrated by the need for and practice of banking regulation and as part of the lessons learnt from the recent global financial crisis, provides a government

  • International Disputes When Business Internationally Issues Settling...

    International Disputes When business internationally issues settling legal disputes international transactions. What practical consideration taking legal actions a foreign business partner-based country? Which laws precedence. Dealing with conflict in the new global economy The rise of the new global economy has generated profits for many enterprises because of the connections it has fostered. However, in addition to the positive benefits of international agreements, there has also been a rise in international disputes. "As

  • International Relations Theory and United Nations Peace

    International Relations Theory and United Nations Peace: International Relations (IR) field normally focuses on the study of how various state systems can be made to work more efficiently to improve the power of law, maintain order, manage interstate affairs peacefully, and lessen prospects of war. The word relation in this field is used to denote the inclusion of more than political affairs to aspects like conflict and peace. International relations field

  • Law and Business When Glenn

    During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.). Part 1.2.1 - Civil

  • International Law and Its Enforcement

    The judges of the Court of Appeal consequently ruled that this Convention applied to the transportation between Paris and Dublin. This overrode the airline's terms and conditions including those limiting its liability. Appeal Courts can review findings of fact, but more importantly business people responsible for shipments must understand their contracts and the implications of the various Conventions. This must be backed up by appropriate goods-in-transit insurance. The result is

  • International Order That Is Emerging

    The author explains that is the case because it would lead to complete chaos (Ikenberry 2005). In addition a neo-imperial system of American rule is too expensive and burdened with inconsistencies, and based on an exaggerated accounting of American power (Ikenberry 2005). The asserts that Likewise, there are an array of incentives and impulses that will persuade the United States to try to organize unipolarity around multilateral rules and

  • International Development Law and Banking and Finance Law

    English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights

Read Full Term Paper
Copyright 2016 . All Rights Reserved