Professional Documents
Culture Documents
Chapters:1 to 5 Chapters:10,11,13,18,21,22,23,24.
Distribution of Marks
Assignments/Presentation:10 Marks Quizzes: 10 Marks Class Participation/Attend: 5 Marks Mid Term: 25 Marks Terminal Exam: 50 Marks
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My Expectations
Punctuality Class Decorum Class Participation
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What is Law?
Law is a system of rules and guidelines, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people
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Definition
Body of legal rules governing interaction between sovereign states and the rights and duties of the citizens of sovereign states towards the citizens of other sovereign states. Since there has never been a law making body for international law, it has been built up piecemeal through accords, agreements, charters, compromises, conventions, memorandums, protocols, treaties, tribunals, understandings, etc
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The French Declaration of the Rights of Man and of the Citizen, whose principles still have constitutional value
INTRODUCTION
Dynamism in Law Change is the law of nature. But the twentieth century has witnessed ever accelerating rhythm of change; the scientific and technological developments have unleashed political, economic, social and cultural forces which are transforming the society in an increasing rate
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In order to be living, useful and effective it Must be changeable, flexible and adaptable." In a fluid world, law cannot function effectively if it is conceived solely as an instrument of permanence. Whenever law is unable or fails to adapt itself to the changing needs and circumstances, there is bound to be to be conflict and even catastrophe. Thus it might be observed that both the backward pull and forward push are essential to the proper working of any legal system
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A march in Washington D.C. during the U.S. 21 February 2012Civil Rights Movement in 1963
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Communist Challenge
The Communist world is generally represented by the Soviet Union and China, It will, therefore, be relevant to consider the challenges posed by' Soviet Union and Communist China and whether international law can meet these challenges. It may be noted at the outset that the Soviet theory of international law regards treaty or agreement as the only appropriate method for effecting changes and development in international law. The Soviet Union considers custom as inadequate and insignificant for the development of international law. The Soviet attitude towards international law is the product of "the combined pressure of need and Marxist Doctrine
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The most important characteristics of this law are1. It emphasizes the-notion of the duties of states, not
only towards each other but also towards international society; 2. It condemns the use of abuse of right; it adjusts itself to the necessities of international life and evolves together with it; accordingly it is in harmony with policy; 3. It also takes into account political, economic, social and psychological factors
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1. Decisions which U.N. organs take concerning their own jurisdiction and competence. 2. On occasions United Nations organs may seek to pass Resolutions deliberately declaratory of existing law 3. United Nations political organs may also pass resolutions which May be described as confirmatory of existing law 4. Similarly, there may exist competing claims within an area of law where the rules are generally agreed upon 5. The political organ of the United Nations may pass resolutions which recommend the adoption of new rules of law
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Conclusion
As aptly remarked by Prof. Quincy Wright, "Stability with change, solidarity with variety, peace with justice, international law with national independence, these difficult reconciliations are the task of international law to effect. It has already been stressed earlier that the traditional definition of international law has now become inadequate. In order to ensure dynamism in international law and to make it universal certain new; concepts need to be incorporated. it may however, be added that every new crisis may become the harbinger of new developments in international law.
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QUESTIONS ???
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