论文抄袭:习惯国际法

论文抄袭:习惯国际法

习惯国际法是国际法制定最古老的渊源之一。这是一种法律形式,不像条约那样被写下来。相反,该法律将由两个基本要素确定。首先,法律或惯例必须是许多州都能遵守的。其次,习惯法必须有法律意见。法律意见的产生意味着它植根于法律义务的立场或法律义务。作为习惯法的一个例子,它考虑各国如何确保对另一个国家来访的国家元首享有豁免权。根据习惯法的第一个要素,这是所有国家普遍遵循的惯例,也许只有极少数例外。这是一种一贯的做法,各国都承认。第二,不能否认国家保护另一个国家代表的法律和习惯上的义务或义务。条约是国际法的主要来源。他们在公约上达成一致。然而,条约本身应被视为已加入条约的国家的义务来源。

论文抄袭:习惯国际法
只有已加入该条约的国家才有义务遵守该条约下的规则和公约。因此,他们必须制定并遵循符合条约规则的立法(Greenwood, 2008)。《条约》所遵循的规定本身是根据上文所解释的习惯国际法的规则制定的。因此,当一个国家签订条约时,通常要满足条约的要求。有时,当许多国家正在缔结一项条约时,甚至可能认为这是出现了一项习惯规则,其他国家(尚未签署该义务的国家)可能也会遵守这一规则。例如,《维也纳公约》是一项条约法,于1969年制定。法院认为这些条款适用于所有国家,不论它们是否已加入条约,因为大多数国家已将公约规则视为习惯法的一种形式(Greenwood, 2008)。

论文抄袭:习惯国际法

Customary International Law is one of the oldest sources for International Law making. This is a form of law which is not written down like a treaty. Instead the law would be identified by two basic elements. Primarily the law or practice must be such that many states would obey it. Secondly the customary law must have opinio juris. By having the opinio juris it means that it is rooted in a legal obligation standpoint or a legal duty. As an example of the customary law, it considers how countries ensure immunity to a visiting Head of State from another country. According to the first element in the customary law, this is a practice that is followed by all states in general, maybe only with very few exceptions. It is a consistent practice and all international countries recognize the practice. Secondly the legal and customary obligation or duty for the state to protect the representative of another country cannot be denied. Treaties are a main source of international law. They are agreed upon conventions. However, the treaty is by itself should be considered as a source of obligation of the country that has entered the treaty.

论文抄袭:习惯国际法
Only the states which have entered into the treaty will be obligated to meet the rules and conventions under the treaty. Hence they have to make and follow legislation that conforms to the rules of the treaty (Greenwood, 2008). The requirement followed the treaty is by itself created because of the rule of the customary international law explained above. So when a state enters into a treaty it is customary to meet the requirements of the treaty. Sometimes when many states are entering into a treaty, it might even be considered as the emergence of a customary rule that other states (who have not signed the duty) might also be expected to follow. For instance, the Vienna Convention is a law on Treaties and was established in the year 1969. Courts consider the provisions as being applicable to all countries irrespective of whether they have entered into the treaty because a majority of states have treated the rules of the Convention as a form of customary law (Greenwood, 2008).

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