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The International Community: A Large Municipality Essay Example

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The International Community: A Large Municipality

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The International Community: A Large Municipality. A general conclusion will be reached regarding the nature, coherence and effectiveness of international law.In overview, laws need to be defined as rules which people agree to be subject to, wither within their communities, or on a wider level, which they agree to within their societies or States. To have effective legal systems, the individuals within communities, societies or the States of the world must agree to abide by the laws they have recognised, and acknowledge the authority of the institutions or people who are appointed to manage those laws.There is, in the making of laws, likely to be some overlap between moral and legal rules but, more importantly, whether there is moral justification for a law or not, there has to be widespread convention within the community or society which recognises a law.

2 On both the level of local and international legal systems, Hart argued that there should be a rule of recognition.3 Some norms of a society do fall within the authority of the legal system, while others are socially accepted norms, not always framed by legal structures. All laws, though, are not necessarily connected to morality but do serve to coerce the members of a society into acceptable behaviours and practices. But laws can only be valid when private citizens meet their obligations, or obey the rules, according to the law, and public officials enact the conduct set out within those laws to manage and enact the legal system.4 Often if a legal system is able to meet such criteria, and there are no political reasons for defying the legal system, the population at large will with few exceptions, obey the law.The two levels of law referred to above, represent Hart’s contention in “The Concept of Law” that both primary and secondary laws exist within a legal system. Primary laws govern conduct, usually under some threat of punishment or sanction, of all the members of the society or community. Secondary laws govern the way the legal system is managed: how laws are created; how they can be changed; how and why they are cancelled. It is vital that laws of both types are clearly understood by individuals. This is possible only when clear statements of rules, obligations and privileges are made, and the formulation, imposition and enactment of laws are widely recognised as valid. Perhaps most essentially, who has power within this legal process must be understood and accepted by a. The International Community: A Large Municipality.

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References

C. Lloyd Brown-John, ‘Self-determination and Separation’ Policy Options Magazine Ontario: September 1997 (pp 40-43)

H.L.A. Hart, The Concept of Law Oxford, Oxford University Press, 2nd ed.: 1994

I. Scobbie, ‘Toward the Elimination of International Law: Some Radical Scepticism About Sceptical Radicalism’ British yearbook of International Law Oxford, Oxford University Press: 1990 (pp 339-362)

J. I. Charney, ‘The Persistent Objector Rule and the Development of Customary International Law’ British Yearbook of International Law Oxford, Oxford University Press: 1982 (pp 1-24)

L. Anderson, ‘Antiquated before they can ossify: States that fail before they form’ Journal of International Affairs, Fall 2008, vol. 58, no. 1(copyrighted to The Trustees of Columbia University in the City if New York)

M. Akehurst, ‘Custom as a Source of International Law’ British Yearbook of International Law Oxford, Oxford University Press: 1976 (pp 1-53)

M. Koskieniemmi, The Structure of International Law Argument Helsinki, Finnish Lawyer’s Publishing Company: 1989

M.W. Boyle, ‘The Challenge of Worldwide Migration’ (trans. M.W. Boyle) Le Suisse et le Monde 3 The Federal Department of Foreign Affairs Switzerland: 2003 (pp10-11)

‘Reparations’ ICJ Reports, 1949 (p 179)

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