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Philosophy of International Law
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The ICC and International Law
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that has jurisdiction over individuals for international crimes. Significance: The ICC represents an enforcement mechanism for international law, aiming to hold individuals directly accountable for atrocities.
State Immunity
State Immunity is a principle that allows states to be generally exempt from the jurisdiction of foreign national courts. Significance: It maintains international relations and diplomacy by protecting states from undue interference by other states.
Transnational Law
Transnational Law encompasses laws that regulate actions or events that transcend national frontiers. Significance: It recognizes and addresses the growing interconnectivity between states and the need for regulations that span across borders.
International Legal Personality
International Legal Personality refers to entities that possess rights and duties under international law. Significance: It allows states, organizations, and sometimes individuals to participate in the international legal system and be held accountable.
The Lotus Principle
The Lotus Principle refers to a legal maxim from the Lotus case (1927), which states that sovereign states may act in any way they wish so long as it is not explicitly prohibited. Significance: It underscores the principle of state freedom in international law.
Jus Cogens
Jus Cogens, also known as 'peremptory norms', are fundamental principles of international law that are universally recognized as non-derogable. Significance: They override any conflicting national or international laws and include prohibitions against genocide and slavery.
Responsibility to Protect (R2P)
Responsibility to Protect is an international norm that aims to safeguard populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. Significance: It marks a commitment by the international community to prevent and respond to mass atrocity crimes.
Sovereignty
Sovereignty is the principle that states have supreme authority within their own territories and are not subject to any external power. Significance: This concept underpins the international order, providing the legal basis for national self-governance and non-interference.
Legal Positivism
Legal Positivism is a theory that holds that law is a set of rules decided by the sovereign or a governing body, and is not inherently moral. Significance: It provides a framework for understanding law as human-made and distinct from moral judgement.
Natural Law
Natural Law is a philosophical theory asserting that certain rights or values are inherent and universally recognizable through human reason. Significance: It grounds human laws in a universal moral order and provides ethical foundation for human rights.
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