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Course Outline

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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King John of England signs Magna Carta


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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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Prof. Edgar Boadenheimer, Law being the cement


which holds the social structure together, must intelligently link the past with the present without ignoring the pressing claims of the future. The growth of law begins with the growth of society. As pointed out by Roscoe Pound, Law is stable, and yet it cannot stand still." The "central problem of law," consequently, is "to reconcile the conflicting needs of stability and change." the most important function of law is to help in solving the problems of the" society in and for which it exists." Law can perform this august function effectively only if it can reconcile the needs of change and stability
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Stability and Change


In order to be effective and useful, law must also be known and knowable. "Law as a guide to conduct is reduced to the level of mere futility if it is unknown and unknowable. To put it more precisely, in order to be effective and useful law must be stable. But stability alone will not make it useful and effective. A law which is static, rigid and cannot adapt 'itself to the changing needs of times and circumstances, has already outlived its utility and is approaching its death
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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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Dynamism in International Law


What is true of law in general is also, even more particularly, true of International law. The problem of change, flexibility and adaptability is much more acute and urgent in the international field. Can the inertia built into the law as a social science and especially the branch of the law dealing with the relationships between sovereign nations, change quickly enough to meet the new challenges." Further, "whether the nuclear holocaust of the Second World War can be avoided by the advent of the reign of the Rule of Law, whether this philosophy will save mankind from self-destruction, and whether the changing norms of international law can help in the dire straits in which the world finds itself is the question, the answer of which is not readily at hand.
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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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Need For Universal International Law


It is clear from the above discussion that in order to cope with the manifold changes that have taken place and are taking place with accelerating rhythm, the need is to evolve a 'Universal International Law', "a relatively new phase which has come into vogue in the last few years, probably as a result of more intensely perceived ideological division in the world, the insistence on a common set or values as a precondition for a viable legal order, and, more recently, the challenge to the traditional body of doctrine and precept emanating from new states in Asia and Africa
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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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The judges of the International Court of Justice in the Hague


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Development of International Law by international organizations:


A brief reference may also be made here to the development of international law by the organs of the international organizations. The organs of international organizations contribute to the clarification and development of international law. As pointed out by Rosalyn Higgins, "The collective processes in a United Nation organ help to focus attention upon the need for mutual observance of the rules- Indeed, in some cases reference to a widely accepted rule of law can serve a bridge between differing ideologies. The processes through which the content of norms is clarified or developed are following:
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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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