The aim of public international law essay

Though there was international law in various eras of history, international law essays tend to agree that international law as a concept was fairly limited until the creation of the United Nations. In bygone eras, international law was more limited, as it consisted mainly in the form of treaties between two countries or empires that often favored one party over the other. Some international law essay tips: Many EU law essays are assigned by international law professors and the law students are expected to write lengthy yet concise international law essays explaining various treaties and agreements within the European Union that have the binding power of international law.

The aim of public international law essay

If a citizen of the world had to prepare The aim of public international law essay universal international code, what would he propose to himself as his object? It would be the common and equal utility of all nations: Would or would not the duty of a particular legislator, acting for one particular nation, be the same with that of the citizen of the world?

That moderation, which would be a virtue in an individual acting for his own interests, would it become a vice, or treason, in a public man commissioned by a whole nation? Would it be sufficient for him to pursue in a strict or generous manner their interests as he would pursue his own?

And in this latter case, would the course he would pursue be unjust or equitable? What ought to be required of him in this respect? Whatever he may think upon these questionshow small soever may be the regard which it may be wished that he should have for the common utility, it will not be the less necessary for him to understand it.

This will be necessary for him on two accounts: In the first place, that he may follow this object in so far as his particular object is comprised in it;secondly, that he may frame according to it, the expectations that he ought to entertain, the demands he ought to make upon other nations.

For, in conclusion, the line of common utility once drawn, this would be the direction towards which the conduct of all nations would tendin which their common efforts would find least resistancein which they would operate with the greatest forceand in which the equilibrium once established, would be maintained with the least difficulty.

Let us take, for example, the famous law with respect to prizes, adopted by so many nations at the suggestion of Catherine II.

How formidable soever may have been the initiating power, there is no reason to think that it was fear which operated upon so many nations, together so powerful, and some of them so remote: I say real or apparent; for it will be seen that this is not the place to decide without necessity upon a question so delicate and complex.

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But ought the sovereign of a state to sacrifice the interests of his subjects for the advantage of foreigners? Probity itself, so praiseworthy in an individual, why should it not be so in a whole nation?

Praiseworthy in each one, how can it be otherwise in all? It may have been true that Charles the Second did well in selling Dunkirk: It is the end which determines the means.

Here the end changes or at least appears to change; it is therefore necessary that the means should change or appear to change also.

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The end of the conduct which a sovereign ought to observe relative to his own subjects,the end of the internal laws of a society,ought to be the greatest happiness of the society concerned. This is the end which individuals will unite in approving, if they approve of any.

It is the straight linethe shortest linethe most natural of all those by which it is possible for a sovereign to direct his course. The end of the conduct he ought to observe towards other men, what ought it to be, judging by the same principle?

Shall it again be said, the greatest happiness of his own subjects? Upon this footing, the welfare, the demands of other men, will be as nothing in his eyes: He will serve them as he actually serves the beasts, which are used by him as they use the herbs on which they browsein short, as the ancient Greeks, as the Romans, as all the models of virtue in antiquity, as all the nations with whose history we are acquainted, employed them.

Yet in proceeding in this career, he cannot fail always to experience a certain resistanceresistance similar in its nature and in its cause, if not always in its certainty and efficacy, to that which individuals ought from the first to experience in a more restricted career; so that, from reiterated experience, states ought either to have set themselves to seek outor at least would have found, their line of least resistance, as individuals of that same society have already found theirs; and this will be the line which represents the greatest and common utility of all nations taken together.

The point of repose will be that in which all the forces find their equilibrium, from which the greatest difficulty would be found in making them to depart.

The aim of public international law essay

Hence, in order to regulate his proceedings with regard to other nations, a given sovereign has no other means more adapted to attain his own particular end, than the setting before his eyes the general endthe most extended welfare of all the nations on the earth.

So that it happens that this most vast and extended endthis foreign endwill appear, so to speak, to govern and to carry with it the principal, the ultimate end; in such manner, that in order to attain to this, there is no method more sure for a sovereign than so to act, as if he had no other object than to attain to the other;in the same manner as in its approach to the sun, a satellite has no other course to pursue than that which is taken by the planet which governs it.

For greater simplicity, let us therefore substitute everywhere this object to the other: The first object of international law for a given nation: It is to the two former objects that the duties which the given nation ought to recognize may be referred.

It is to the two latter that the rights which it ought to claim may be referred. But if these same rights shall in its opinion be violated, in what manner, by what means shall it apply, or seek for satisfaction?

International humanitarian law - Wikipedia Law essays Law essays Our law essay examples and dissertation examples cover a wide range of topics in this field of study, including obligations contract and tortpublic law constitutional law, administrative law and human rights lawcriminal law, property law, equity and the law of trusts, and law of the European Union.

There is no other mode but that of war. But war is an evilit is even the complication of all other evils. Expressed in the most general manner, the end that a disinterested legislator upon international law would propose to himself, would therefore be the greatest happiness of all nations taken together.

In resolving this into the most primitive principles, he would follow the same route which he would follow with regard to internal laws.

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He would set himself to prevent positive international offencesto encourage the practice of positively useful actions. He would regard as a positive crime every proceedingevery arrangement, by which the given nation should do more evil to foreign nations taken together, whose interests must be affected, than it should do good to itself.

For example, the seizing a port which would be of no use except as the means of advantageously attacking a foreign nation;the closing against other nations, or another nation, the seas and rivers, which are the highways of our globe;the employing force or fraud for preventing a foreign nation from carrying on commerce with another nation.

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Public international law only concerns itself with the. International law is a relatively new concept in the face of world history. Though there was international law in various eras of history, international law essays tend to agree that international law as a concept was fairly limited until the .

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