Monday, October 7, 2019
International Law Assignment Example | Topics and Well Written Essays - 1000 words
International Law - Assignment Example States may also uphold the principle of international law, even when national interests do not benefit from it, in order to protect universal and common human values. Treaties and their effectiveness can be measured using their success in ensuring all parties abide by the agreement (Chayes & Chayes, 2008). Nations enter into international treaties with other states because of the need. Nation states enter into treaties for political and military alliances, territorial exchanges, international violence control, creation of new states, and peacemaking. Treaties set out the rulesà in a clear version, compared to other forms of international law. Nation states also find it to be easier to achieve the consent with treaties, as compared to other international laws. Question # 2 2. With regard to the 2009 military coup in Honduras, it appears that the national Congress, Supreme Court, attorney-general and military supported the detention or removal of an elected leader on constitutional g rounds. In such a case, does the "international communityâ⬠, or outside States have the right to condemn the coup? How does UN Charter Article 2(7) fit into the picture? No foreign authority or power recognized the coup leaderââ¬â¢s presidency. ... Despite the widespread condemnation of the Honduran coup, and suspension of the country from receiving aid from the EU and the US, efforts to reinstate Zelaya to power have failed. President Zelayaââ¬â¢s removal and replacement was an interruption of the country's constitutional democratic order (Halperin, 2011). If this coup were to stand, it would portend a dangerous democratic precedent for other countries. Thus, the international community needed to act to protect themselves from the possibility of a recurrence in their own country. Article 2(7) of the UN charter states that the UN can not intervene in matters within an individual stateââ¬â¢s domestic jurisdiction. Since the Honduran coup did not breach chapter Vii of the UN charter, the article stands. Despite the precedent the coup set, the international community could not intervene in the matter. Question # 3 3. What sorts of reservations do signatories insist on in, for example, an agreement such as CEDAW? A reservatio n is a unilateral statement made by a nation state when ratifying or approving a treaty, whereby they purport to vary or exclude certain provisions and their legal effects in that stateââ¬â¢s application (Blanchfield, 2009). The reservation must be rejected or accepted by other states for it to be valid. In the case of the reservation's rejection, that the state must first withdraw its reservation to be part of the treaty. Article 19 of the Vienna Convention allows reservations unless the treaty impliedly or expressly prohibits reservations. If the reservations requested are not compatible with the purpose and object of the treaty, then the reservation is invalid. In CEDAW, the United States signed, but did not ratify the multilateral convention. CEDAW defines women discrimination as: Any
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