International Law

International Law

International law can be defined as a body of legal rules, norms and standards that applies between sovereign states and other entities that are legally recognized as international actors.[1] It can also be defined as a body of rules that control or affect the rights of nations in their relation with each other. [2] While a traditional law, also known as national or municipal laws can be regarded as those laws that operated within a given state. For a state to qualify as a subject under international law, it will have to be sovereign, have its own territory, population, government and ability to engage in diplomatic or foreign relations. International laws are largely derived from treaties, multilateral agreements etc.[3]. And it is only state who are signatory to it that are bound by its provisions. For international laws to be translated into the municipal laws of a state, it must go through a process known as “Domestication”. This means that the parliament or National Assembly of a given state must enact law that will make the international treaty or convention a domestic law. The African character on human and people’s Rights[4], which is in pari-material with the United Nation Declaration on Human and people’s rights, was domesticated into Nigerian municipal law and is an integral part of the 1999 constitution of Federal Republic of Nigeria [5]. Also the law of the sea convention has also become our National laws and is engrained into our domestic laws [6]. International law has been often criticized for its non-coercive nature. Laws are obeyed because of fear of punishment. State laws are backed by its coercive authority, while the international is obeyed at will, most member states choose which one to obey or disobey. The consideration has always been what are the benefit for my country and what way will it affect the local policies. United State of America refused to endorse the KYOTO Protocol on climate change because it will conflict with...

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