Rights and Obligations in the International Legal System
International law lays down the basis for describing the nature, scope and obligations of the international legal system. International law is also the major changes and developments in the international legal system. This involves principal laws governing international agreements one significant example being treaties; recognizing the sovereignty of states and their governance; jurisdiction, more so foreign and sovereign immunity and also doctrines governing the actions of states; guidelines for the resolution of international disputes; global and regional bodies such as the UN; international economic law, public international law which essentially prescribes human rights, laws governing international waters and the environment.
International Legal System
This essay seeks to delve and comprehensively examine the rights and obligations under the jurisdiction of international law, the relevance of international law with regards to private transactions, the international legal system’s operations in different governments and the problems that seem to arise in as a result of the traversing jurisdiction of different governments over persons, bodies and property. The accepted framework for the implementation of international human rights as stated in international legal documents and treaties as formulated and upheld by international organizations and places the key obligation of implementing and guaranteeing human rights squarely on the shoulders of governments to enforce and continuously ensure that the prescribed standards are met and upheld.
It is worthy to note that international law can be best considered as a parallel legal system whereby governments and states privy to it are the primary enforcers. We can therefore deduce that states and governments ought to bear the obligations to the implementation of the international law and scope on the international legal system both at the domestic and individual people’s levels which are in such a perspective as not to perceive the benefits accorded by both the international law and the international legal system. This expressly implies that in a situation where a country’s state of affairs is bearing conflict causing reasons for concerns as to the impact of such conflict then duly constituted state laws should be understood and accepted separately from the operational scope and obligations of the international legal system.
The international legal system as stated above has its scope prescribed by a number of sources which include treaties binding all governments privy to it and based on a government’s custom practices to which it is legally bound with the exception of countries not in the agreement with such law. However, in the international legal system there are laws and rule that are so fundamental (ius cogens) that no country has the option to sidestep the jurisdiction of such rules or laws.
What are the obligations of states regarding international human rights?
One of the newest and most well accepted aspects of international law is the fact that countries have enacted laws within their own territorial boundaries that prescribe human rights and this has ultimately been construed to imply that such countries have bound themselves to comply with obligations as stipulated by the international law concerning human rights.
Human rights can be described as the holistic norms for the enhancement in the protection of every individual and all peoples on the globe social, legal or political abuse from existing in both in law and morality. These are directly addressed to all governments so as to ensure the compliance and due enforcement in accordance with the Universal Declaration of Human Rights and other numerous human rights treaties and legal documents as passed by the United Nations, Organization of American States, Council of Europe, African Union and other international organizations for the advancement of humanity.
Human rights define the least probable conditions that ensures a group of peoples have basic civil, economic, cultural, political and social state of affairs ensuring that they live in an acceptable level of dignity. These conditions therefore have a universally accepted mode of application that is equality through the humanity as a virtue. With this in mind