INTERNATIONAL LAW
Question one: The president of Mexico requests an explanation of sources of international law, specifically what a treaty is and what customary international law is. Please explain to him and also provide him with examples. Furthermore, whether Mexico can be internationally responsible if the rebel leader is tortured, by a prison guard in a Mexican prison?
To start with, international law is a body that is made up of rules and protocols that are made by custom and treaty. These rules are recognized by the nations as a binding tool between them. These treaties determine how the different nations interact with one another, how citizens interact, and how the different nations conduct business with one another. They are known as customary laws.
Sources of international law.
The major sources of international law are customary international law, treaty law, and general principles of law which are recognized by the civilized nations. The president of Mexico specifically requires an explanation of the first two sources which are treaty law and customary international law.
- Treaty law.
These are written agreements that are signed by different nations and willingly ratify them so that they must follow them. They are also called statues, or protocols. Their work is to govern the relationship that exists between the involved states. These agreements are only applicable to those states that have signed and ratified them.
According to the Vienna Convention of the Law of Treaties which was formed in 1969, there exist fundamental legal rules which relate to the treaties, and are well stated. The convention defines what a treaty is, it identifies the person with the capacity to conclude a treaty. The convention also interprets what a treaty is, its reservations, and disputes.
Reservations, declarations, and derogations.
Several states are involved in the process of making a treaty. This process involves stark disagreements on the subject matter of the main agreement. To increase the number of states that have signed for a treaty, for global order, the international law puts no limits on the process of applying a treaty. It also does not clarify the understanding of the legal content. All these processes are conducted via Reservations, declarations, and derogations.
Reservations as defined by the Vienna Conventions are a unilateral statement that is made by a state when signing, ratifying, approving, accepting, or acceding to a treaty. The state excludes or purports the contents of the treaty so that it can be in an agreement with the other nations. It is only a few objects in the treaty that have room for change by the given states. This means that the purpose of the treaty can only be altered with partially, but not wholly.
Declarations do not have any effects on legal obligations like reservations do. They are made when a nation gives an expression of its consent which is to be bound by a specific treaty. The declaration acts as a tool where a state expresses or clarifies its understanding of the treaty.
There are some treaties such as the human rights treaties that provide for derogations. These treaties for a state party to suspend or limit their legal obligations temporarily in exceptional circumstances. For example, during a national emergency. Freedom of assembly may be limited when there is an armed conflict in a nation. There are however some rights that can’t be derogated, no matter what the circumstance is. These circumstances are degrading treatment, torture, and inhumane acts. These actions are beyond human consideration and cannot be tolerated in the treaties. International humanitarian law does not have a system of derogations. This is because it is a body that offers little protection whenever armed conflicts arise.
- Customary international law.
This is made of laws that are generally practiced and practiced as laws. They comprise of all the written and unwritten rules that make up the international justice concept. Customary international law applies to all the states, whether a state has signed the agreement or not, it is still affected by the customary law. This is very different from treaty law, where only the states that have signed and ratified the treaty are affected. Customary international law lacks an accessible and comprehensive format for understanding its content, unlike treaty law. Its content is less understandable and less specific. Being a source of international Humanitarian Law, customary international law is very essential in armed conflicts. This is because the law lacks ratification of the main treaties and limited protections are offered by treaty law. Customary international law is independent of treaty law. In 2006, a collective number of rules of the international humanitarian law was published by the independent commission of the red cross (ICRC). These laws were considered to be customary. In a general term, customary international law is based on consistent actions that focus on the international community. Some examples of customary international laws are the prohibition on torture, prohibition on the arbitrary deprivation of life, and the rule that civilians cannot be subjects during an armed conflict.
Question two: The president of the United States wishes to know whether the United States as a State is responsible under international law for any abuses committed by the rebels? If you answer please refer to the articles of state responsibility as well as case law.
The laws of state responsibility are the principles that govern how and when a nation will be held responsible whenever it goes against international obligations. They detect when a state violates an obligation and the consequences of violating the obligation. From the draft articles, the president of the united states will be able to know whether the united states is responsible for the abuses that were committed by the rebels.
According to the articles, an international obligation must contain a breach of any of the international agreements or be attributed to the state under international laws. According to article 19 of the international crimes, the following are the major provisions for a breach of an international obligation.
- Any international crime that results from a breach of international obligations, that is necessary for the protection of the interest of the community. If the breach is recognized by the international community as a crime, then it is considered as an international crime.
- According to the second paragraph of the international laws, an international crime may result from the following cases;
- Breach of an international obligation responsible for the maintenance of international peace and security.
- Breach of a serious international agreement necessary for safeguarding the self-determination right of people such as prohibiting the establishment of colonial domination.
- Breach of a serious obligation of safeguarding and protecting human beings, such as prohibiting slavery.
- Breach of an international obligation for the protection and safeguarding the human environment. This includes prohibiting pollution practices of the sea and the atmosphere.
Before a state is judged for the breach of an international obligation, it is essential to relate the action done by the state and the consequences caused by the actions. In this case, the united states have been supplying weapons to the rebels in Mexico. As a result, the rebels have been captured by the government of Mexico and exposed to torture. According to the attribution of the articles, the state is responsible for all the actions conducted by its officials, even if the body or the officials are independent.
Therefore, the united states are independently involved in the rebellion by supplying weapons to the Mexican rebels. This means the united states is responsible for the rebellion in Mexico, through the supplying of weapons. Under international law, provided by the articles, the president of the united states should be aware that his nation is responsible for the abuses caused by the rebels.
Question three: Suppose the United States decides to unilaterally impose duties (which it wishes to do in this case) of 40% on all electronic goods being imported in the United States coming from Mexico. What legal recourse from a trade-related aspect can Mexico take?
International business is governed by various principles. These principles determine how different international business partners relate to one another. These principles are referred to as international business laws. International business laws are the rules and regulations formulated to safeguard global trade operations (Koh and Fichman, 2012, pp.886-922). These regulations range from the taxes imposed to the parties involved, issuing licenses as a business permit in the global market, and creating tariffs among other practices in the business environment. In the generation of these rules, basic economic regulations are just elaborated and twisted to its effectiveness in the international field.
All the countries conducting this business have laws that almost differ from each other. Before an international business is commenced, the laws of each country involved are analyzed and adequately understood (Heiskanen, 1999, p29). This ensures legality in commercial operation, which is a necessity in all business activities The laws in international business and commerce are mainly focused on the deals between the commercial parties and the laws that govern its implementation. Each party from separate countries in the business must meet the commercial rules of the agreement before conducting the exercises.
Mexico would, therefore, have to contact the World Trade Organization (WTO). This is a body responsible for the maintenance of a peaceful co-existence between trade partners. It ensures that international trade partners abide by the rules and conducts between them. This body would free Mexico from the rise in import duties.
Question four: The president of Mexico appears to believe that multinational corporations have no power and that States are the only relevant players in international society. Please explain the role of multinationals in the international system and their impact by referring to examples of companies.
Multinationals are the main players in international relations. They help in facilitating globalization via the business activities that they engage in. the role of multinationals in international systems to push the economy to greater autonomy. The first multinational company to come into existence was the Dutch East India company. It was founded on the 20th of march in the year 1602. The multinationals have impacted the government such that they can now use the power they have to participate in local political processes.
Question five: Explain by referring to case law and relevant legal provisions whether the United States breaches international law by ordering the firing at the Mexican Navy?
According to the various provisions of the international agreements, the united states violates various international agreements by firing and causing harm to the Mexican soldiers. One of the violated provisions is a breach of an international obligation responsible for the maintenance of international peace and security. This is violated through the firing and murder of the Mexican soldiers.
Question six: Suppose the president of the United States travels to Mexico to conclude a trade agreement. A Mexican Non-Governmental Organization requests the public prosecutor in Mexico to arrest the United States President for crimes against humanity due to deaths that occurred on Sunset Island. Argue whether or not it will be possible to arrest and try the United States President in Mexico?
it is very possible to arrest the president of the united states. According to the international agreements, consequences of violating the agreement are active whether an individual or a large entity violated the terms and conditions. Therefore, the president of the united states can be arrested in Mexico.
In conclusion, international agreements play essential roles in governing and bringing different states together. They ensure the agreed terms are followed, and those who violate the terms are punished. Generally, they are important to maintain a peaceful co-existence between different states.