International law has emerged from an effort to deal with conflict among states, since rules provide order and help to mitigate destructive conflict. It is developed in a number of ways. First, law often comes out of international agreements and treaties between states. Treaties are the most important source of international law and also serve as the origins of IGOs, which in turn are important sources of law. Second, customary practices that have evolved over time often become codified in law. Third, general legal principles that are common to a significant number of states can become part of the corpus of international law. Finally, law arises from the community of international legal scholars. Particularly on more technical issues, their expertise is often accepted by political leaders.
The existence of law, however, does not mean that conflict is any easier to resolve.[1] Instead, as law becomes more elaborate and constraining, it becomes increasingly contentious. The powerful do not wish to be constrained in their ability to respond to threats. At the same time, developing countries see much of international law as being crafted largely without their input, primarily due to the so-called democratic deficit in intergovernmental organizations ( IGOs ), which now are typically the negotiating venues for the creation of new law.
In this essay, we discuss the origins of international law, and analyze how international law has evolved in the twentieth century, focusing on the individualization of international law. Finally, we examine some of the contemporary criticisms of international law.
Perhaps the first question to ask is whether in fact international law is law at all. The primary distinction between domestic and international law is that the latter often lacks an enforcement mechanism. There is no government to enforce the law, as there is in domestic situations. International law is often as much a source of conflict as it is a solution to them. Most forms of international law are contested. Rarely is it agreed upon universally. As will be seen below, it is not enforceable unless powerful countries see it in their interest to do so. What is more, cross-cultural differences make its interpretation and implementation difficult. Another question is whether international laws can be considered law if they are not translated into domestic laws where there is greater potential for enforcement. By adapting international law into domestic statutes, governments theoretically provide enforcement mechanisms . There are also instances in which domestic law not only does not contain international law, but is in fact in contradiction to it.
Despite all of this, international law is often followed. This can be attributed in part to Great Power backing, but also much of international law is based on customary practice. International law may be enforced by states taking unilateral action if it is in their interest or through multilateral measures where sufficient consensus exists. Reciprocity can play a role, as benefits in other areas may be gained from following laws. In addition to ad hoc efforts to enforce international laws, a number of formal courts have been established for that purpose.
Historical origins.
It can be argued that international law began in 1648 with the Peace of Westphalia, which asserted the sovereign equality of states. Rules concerning the conduct of war ( jus ad bellum and jus in bello ) soon emerged, most famously codified in the Geneva Conventions of the nineteenth and twentieth centuries. Organizations soon emerged to facilitate the creation of law and to mediate disputes. The League of Nations sought unsuccessfully to effectively outlaw war. Recently, the clearest source of international law has been the United Nations. The U.N. Charter defines the conditions for the legal use of force, and the U.N. has served as the principal negotiating venue for the creation of new international law. The most recent development has been international law targeting individuals rather than states, as is evidenced by the creation of the International Criminal Court. These issues will be taken up after a review of state-oriented courts.
States have created an evolving collection of international institutions to facilitate the creation and maintenance of international law. The Hague Conference of 1899 established the Permanent Court of Arbitration, which was an institution to which states could come for dispute settlement. It was a forerunner to the Permanent Court of International Justice, created in the aftermath of World War I in 1921. It derived largely from the Treaty of Versailles, and laid the groundwork for the protection of minority rights . The Permanent Court of International Justice was reconstituted in 1946 as the International Court of Justice (ICJ), which is still in existence.
The ICJ was created as a judicial body to hear cases involving disputes between nation-states. It is made up of 15 judges, elected for nine-year terms. The judges are elected by the U.N. General Assembly and Security Council, based on nominations made to the Secretary-General. In order for the ICJ to hear a case, all state parties to the dispute must accept its jurisdiction. The ICJ remained marginal until the 1980s as the Soviet bloc rejected it, and Third World states soured on the idea after some early unfavorable rulings. After the ICJ ruled against the U.S. in the case brought by Nicaragua regarding the mining of Nicaraguan waters, however, it gained renewed credibility, the number of states recognizing its jurisdiction jumped dramatically, and its docket was flooded with cases.[2]
Europe has seen the most dramatic development of supranational courts. The European Court of Justice is the sole judicial organ for the European Union. It is independent in its decision-making, and its purpose is to ensure that European law is followed. The court's independence is enhanced by the fact that only one judgment of the court is released, not individual positions. The Court is generally regarded as one of the most "European-minded" institutions in the E.U., in other words acting on the principles articulated for the E.U., rather than on state interests.[3] The European Court of Human Rights has been the most active of any international human rights court, with individuals utilizing it more to assert rights than in the resolution of interstate disputes.
The Americas have also developed a significant regional court system. The Inter-American Court of Human Rights was established in the 1970s and has acted primarily as an advisory body; it has never heard a case. At times, it has been criticized as a tool for the United States to wield influence over its neighbors. However, it has also proven to be an important moral voice in the region, particularly as Latin American states have struggled with political transitions.
States have long relied on treaties and other international agreements for security against war. The first important move beyond laws of war was the Kellogg-Briand Pact, signed by 63 countries in 1928, which condemned "recourse to war for the solution of international controversies" and foreswore war as an instrument of policy. However, the conflicts of the 1930s made this agreement moot.
Many of the core principles of international law related to conflict prevention have been incorporated into the U.N. Charter. They are:
These principles often prove to be in tension with one another, however. This confusion was exacerbated by subsequent treaties, such as the 1948 convention for the Prevention and Punishment of the Crime of Genocide. In practice, the protection of human rights has placed limitations on respecting state sovereignty, and force has been deemed the only effective means to protect human rights on a number of occasions.
One of the clearest appeals to international law emerged with respect to Iraq's 1990 invasion of Kuwait. The Iraqi invasion was a clear violation of Kuwaiti sovereignty, and the ensuing Gulf War was a multilateral effort to enforce international law. The growing role of international law can be seen in the creation of the "no-fly zones" in Iraq via U.N. Security Council Resolution 688 of April 1991, which served as the legal precedent for a range of initiatives later in the decade, from Somalia to East Timor.
Initially, these actions were rationalized by arguing that internal conflict had effects that spilled across borders, but human rights discourse increasingly replaced this argument.[4] These principles of state sovereignty and human rights came into clear conflict in the war in the Balkans. Yugoslavia responded in part to Western threats by making appeals to international law. Yugoslavia sued the NATO countries in the International Court of Justice for aggression and genocide. The Court rejected the argument, but the legality of the Kosovo bombing remains uncertain.[5]
The question of terrorism has also become a difficult one for states to deal with using international law, particularly as targets become increasingly international. Some steps have been taken to address these issues. A number of conventions have been created to deal with issues ranging from aircraft hijacking to hostage-taking and abductions, but all suffer from lack of enforcement. Part of the difficulty in dealing with terrorism is a general lack of consensus over what groups and tactics would fall under such law. The law, however, still largely reflects an overly state-centric view that makes it difficult to deal with the growth of transnational groups. Taking action against groups often requires infringing on sovereignty, another core principle of international law.
One of the most dramatic developments in international law has been the growth of laws focusing on the individual, which provide protection and require accountability. Whereas in the past, international law focused primarily on regulating state behavior and defining states rights, it has increasingly been involved in identifying individual rights and holding individuals accountable. This trend began after WWII. The identification of individual responsibility in the Nuremberg Trials after World War II was followed by the creation of the Universal Declaration of Human Rights by the United Nations. The Declaration passed largely because the Communist Bloc was abstaining at the time. In the years that have followed, there has been a proliferation of international covenants that have specified additional rights. The Yugoslav and Rwandan war crimes tribunals established by the U.N. in the 1990s, the International Criminal Court (ICC), and international covenants specifying additional rights, represent further developments.
Of the two war crimes tribunals, the International Criminal Tribunal for the Former Yugoslavia (ICTY) has received the most attention. The ICTY initially suffered because it pursued only low-level criminals, assuming that peace negotiations required the participation of high-level leaders. Yet in mid-1995 Prosecutor Richard Goldstone indicted Bosnian Serb leaders Radovan Karadzic and Ratko Mladic. The peace talks continued, and the former leaders became increasingly marginalized,[6] although they remain at large. States have often been reluctant to aggressively go after war criminals if their soldiers would be placed in harm's way.[7] The ICTY became more aggressive when it indicted Slobodan Milosevic, a sitting head of state, in May 1999 for crimes against humanity.
The International Criminal Court (ICC)
The events of the 1990s, and the perceived strengths and weaknesses of the ICTY, did much to draw renewed attention to the idea of a global criminal court. The forerunner of the ICC was modeled on programs such as the United Nations War Crimes Commission, which was established by the Allies in 1943. In the post-war years, the idea of a permanent court was much talked about, but was overshadowed by the Cold War and reemerged only in 1989 initially as a means to deal with the international drug trade. Both the ICTY and ICTR (International Criminal Tribunal for Rwanda) pointed to the need for a permanent body that would be a stronger deterrent and also could be more efficient, since the cost of a standing body could be less than the start-up costs of ad hoc bodies.
In late 1995, the U.N. General Assembly created the Preparatory Committee on the Establishment of an International Criminal Court (PrepCom), which held a series of sessions over the next three years. Intense diplomatic activity ensued, culminating in a June-July 1998 diplomatic conference that resulted in the Rome Statute of the International Criminal Court. Jurisdiction over genocide , crimes against humanity, war crimes, and aggression was granted the ICC, although the latter crime awaits further diplomatic clarification. The statute entered into force in 2002 after the ratification by the requisite 60 countries. In early 2003, the judges and the Prosecutor were elected. Judges must be nationals of one of the State Parties (states that signed and ratified the agreement) and possess legal expertise. The judiciary must be balanced in a number of respects, representing: the major legal systems of the world; geographic areas; gender; and expertise on specific issues. The 18 judges are elected by the Assembly of States Parties and serve a single nine-year term. The Prosecutor and Deputy Prosecutor(s) are elected by an absolute majority of the Assembly of States Parties for a single nine-year term. Procedures have also been established for the early removal of judges and prosecutors, to ensure accountability.
Bringing a case before the ICC is a relatively long process. For the ICC to act, jurisdiction must be accepted by either the state where the crime was committed, or the state from which the accused came. If ICC jurisdiction exists, investigations may be initiated in a number of ways. A state-party can bring a case. The U.N. Security Council also can, even in circumstances where the jurisdiction outlined above does not exist. In addition, the Prosecutor may also initiate the process him or herself, although the Pre-Trial Chamber must approve of any investigation initiated by the Prosecutor by finding that there is a reasonable basis to proceed and that the case falls within ICC jurisdiction.
What is more, the ICC is meant to be complementary to national courts. Therefore, the ICC will not proceed if a State is or has been investigating the crime, unless the State is seen to be unwilling or unable to proceed. The ICC Prosecutor must notify all states that it is initiating an investigation, and states are able to assert a superior right to exercise jurisdiction. The U.N. Security Council can block proceedings through a positive resolution, but this prohibition lasts for only one year. Once a case has been initiated, the Prosecutor evaluates whether to proceed with the investigation. It is the job of the Pre-Trial Chamber to determine whether to issue warrants and orders requested by the Prosecutor. If the warrant is issued, after the accused has been informed of the charges against him or her, the Pre-Trial Chamber determines whether to confirm the charges. The trial would proceed from there.
The strength of the ICC remains to be proven, particularly since the U.S. does not support the court. The U.S. is concerned that its troops on peacekeeping missions would be subject to prosecution that might be politically motivated. The U.S. would also like the Prosecutor to have less independent authority, and more control exercised by the Security Council, where the U.S. has veto power. Other countries may have similar misgivings, but may lack the international influence to take a decisive stand. They may fear the potential embarrassment of having their human rights records put on trial. Leaders who have violated the human rights of their citizens or others may fear prosecution. The U.S. case remains somewhat unique since it has the largest military in the world and tends to be involved in more places more frequently. It also reflects a concern for entangling international obligations that has been an undercurrent of U.S. foreign policy for much of its history. In essence, the U.S. is reluctant to give up the ability to act in its self-interest that its power provides.
Although much of this discussion has portrayed international law as a potential means of conflict management or resolution, it should be remembered that law is itself a source of significant conflict. The shape and content of law often favors particular groups or countries. Not only is international law often most influential when it favors the strongest, but the powerful are also typically the source of law. For example, because much of international law is formed by the U.N., the Security Council has a disproportionate influence in shaping it.
One prominent example of might makes right in international law is in the realm of laws related to trade and investment. Enforcement comes largely through power, which means that the developed world often controls the agenda. They have the market power to punish and entice smaller states to comply. The creation of the World Trade Organization (WTO) in 1995 marked a dramatic advancement in the development of trade law and enforcement mechanisms over what existed under the General Agreement on Tariffs and Trade (GATT). The WTO has been widely criticized for "green room"[8] agenda-setting by the global North, and other actions that put the South at a disadvantage.[9] New laws also create significant administrative burden for poor states, which is perhaps not bad for the long run, but makes for costly compliance.[10]
At base, though, law is only as effective as the means of enforcement and developing countries lack the power to retaliate effectively. Trade law is branching out into new areas as well, which will potentially put the South at an even greater disadvantage. Efforts are in various stages to link trade law to a range of issues from intellectual property regulations (TRIPs) to the environment to labor standards. TRIPs appear to favor Northern multinational corporations, while not protecting indigenous knowledge.[11] It also promises to make the cost of drugs to fight deadly illnesses such as AIDS a severe burden for poor countries. In terms of environmental law, it is often seen by the South as cutting off the path to development that the North took long ago, leaving the South in permanent dependency.
At the same time, the WTO's Dispute Settlement Understanding does take many steps to help developing countries operate on equal footing, compared to the GATT.[12] Each case must have a representative from the South as one of the three hearing the case. Voting is more explicit than under the GATT. Provisions have also been made to provide expertise to delegations from the South, but they are still left unable to shape the agenda. In sum, the WTO Dispute Settlement System does provide better opportunity for developing countries to bring complaints, but they often lack the technical expertise to take advantage of it.
International law has also been criticized as fundamentally Western. Certainly, most international law is based on Western notions. One sign of this might be that the Western Countries are more compliant with the international laws on human rights.[13] Others argue, however, that the widespread acceptance of international law is evidence that the principles on which it is based are not strictly Western. Still, it is not clear that many developing countries are entirely free to accede to these rules, as the WTO example above suggests. Western countries are able to provide incentives for less powerful countries to accede to their wishes. Either way, however, it means that international law has at least some force behind it, though not nearly as much as domestic legal systems.
[1] William A. Schabas, "International Law and Response to Conflict," in Turbulent Peace: The Challenges of Managing International Conflict , eds. Chester A. Crocker, Fen Osler Hampson, and Pamela Aall (Washington, D.C.: United States Institute of Peace Press, 2001), 603-618. < http://www.amazon.com/Turbulent-Peace-Challenges-Managing-International/dp/1929223277 >.
[3] Trevor C. Hartley, The Foundations of European Community Law, Third Edition (New York: Oxford University Press, 1994). Access revised edition (2010) here.
[4] Schabas 2001.
[5] Ibid, 607.
[7] Gary Jonathan Bass, Stay the Hand of Vengeance : The Politics of War Crimes Tribunals Princeton, N.J.: Princeton University Press, 2000). < http://books.google.com/books?id=M3XeD1OvxRYC >.
[8] So called green room deals refer to pre-negotiation meetings of representatives of developed countries in which they agree to a position for negotiations involving the broader international community. Given their power and influence, they are then able to present a unified front in negotiations with developing countries and therefore shape the debate such to favor their interests.
[9] Sarah Anderson, ed., Views from the South: The Effects of Globalization and the WTO on Third World Countries (Chicago: Food First Books, 2000) < http://books.google.com/books?id=fai2AAAAIAAJ >.; Walden Bello, "Reforming the WTO is the Wrong Agenda," in Globalize This!: The Battle Against the World Trade Organization and Corporate Rule, eds. Kevin Danaher and Roger Burback (Monroe, ME: Common Courage Press, 2000) 103-119. < http://books.google.com/books?id=3lRjQgAACAAJ >.
[10] Magda Shahin, From Marrakesh to Singapore: The WTO and Developing Countries. Penang, Malaysia: Third World Network. < http://books.google.com/books?id=CdC2AAAAIAAJ >.
[11]Anderson 2000.
[12] Kofi Oteng Kufuor, "From the GATT to the WTO -- The Developing Countries and the Reform of the Procedures for the Settlement of International Trade Disputes," Journal of World Trade 31, no. 5 (October 1997): 117-147.
[13] Louis Henkin, The Age of Rights (New York: Columbia University Press, 1990). < http://books.google.com/books?id=jxYCBOV1IwwC >.
Use the following to cite this article: Brahm, Eric. "International Law." Beyond Intractability . Eds. Guy Burgess and Heidi Burgess. Conflict Information Consortium, University of Colorado, Boulder. Posted: September 2003 < http://www.beyondintractability.org/essay/international-law >.
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THE BASIC RULES
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Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing.
Therefore, the ability to express yourself clearly and accurately is important. Here you will find information to help you improve your writing for any purpose in your law degree.
Academic writing in law is:
Academic writing in law does not:
Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.
Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:
IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.
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In legal writing, issues are the core of the essay.
This part of the essay should:
The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.
The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.
As with all essays, the conclusion is a statement that identifies your answer to the issue.
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TIP: Need more advice on how to write law essay introductions, including plenty of examples? Check out the ! Moreover, instead of relying on a single source of information, try to diversify your sources. The more sources you include in your essay introduction the better (of course, within reason!). The number of sources which you will be including in this part of your introduction largely depends on the overall length of your essay. Shorter essays of 1,000 words or so will be fine with just two sources, but longer essays would definitely benefit from a few more. Having said that, the credibility of the sources also matters a lot, which means that while the number of sources is important, you must choose quality over quantity. The opposing arguments should come from at least two different journal articles. Having multiple sources broadens your perspective about the issue and lends your law essay introduction more credibility. This step is crucial in writing a law essay introduction because it defines the primary objective of the essay. Without any central argument, you will just be throwing a lot of information at the reader without any end goal. That's why it is important that you clearly highlight the central argument and its components, so that the reader can anticipate where you are coming from and where you're about to go. Keep this section of the law essay introduction brief and simple, so that your reader can understand it even if they don’t have any prior knowledge of the topic you are writing about. Make sure that every heading is in the right place and is followed by another heading that connects it to the previous one. This will enable you to develop an organised structure and it will become much easier for the reader to follow your train of thought. If your law essay is a dissertation, you also need to include a brief explanation of what each chapter is about along with the names of the chapters. This isn't just for your reader's convenience, as having a structured outline will also help you to organise your thought process and build a logical flow. When you can connect the dots in your head, you will find it much easier to write as ideas will continue to unravel. |
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The writing of law essays is challenging and can be tricky as it is different from the writing of other types of essays. In order to have a good piece of legal writing, the writer should obviously have a legal background and have the ability to demonstrate legal analysis. At the same time, the writer should ensure that he is clear, coherent, concise, and answers the question using plain English.
The starting point in writing a law is essay is to analyse the question and understand clearly what the question is all about. Ideally, one should start by identifying the area or topic of law. Once the topic is identified, the writer should analyse the question in light of the area of the law and understand what is it that should be discussed in the body of the essay so as to answer the question. In order to ensure that he is relevant throughout, the writer may want to draw up a quick plan consisting of bullet points of the different elements of his answer which he will elaborate on throughout the essay. The idea of having a plan is for the writer to mind map his thoughts. With the plan in mind, he could set off writing the essay, which normally would consist of an introduction, the body, and a conclusion.
The introduction to the essay is very important as it is meant to provide the reader of the essay with a taste of the writer’s answer. In his introduction, it will be helpful for the writer to give the reader a flavour of what his answer will be like. Hence, the writing of the introduction should be more generalised rather than being specific. The aim is to show the reader that the writer has correctly identified the question, the area of the law, and how he proposes to provide an answer. An introduction should not be too lengthy.
The body of the essay will be the heart of the essay. The writer should ensure that the body deals with all the elements that will answer the question. He should write in an orderly fashion so that the reader can understand the flow in the arguments. If the writer’s body will consist of a number of points in law, it will be a good strategy that he writes a paragraph on each point in law. This will enable the reader to follow the arguments and the essay will look neater. The writer may also divide the body of his essay in different sub-headings if necessary.
The writer should bear in mind that the body of his essay adequately deals with all the elements of the answer. The writer should back up all of his arguments in the essay with a proposition of law where applicable. For instance, if the writer is making a point relying on a piece of legislation, he should refer to the Act of Parliament in issue. As an example, if the point that the writer is making is that goods sold should be of satisfactory quality when sold in the course of business, he should refer to Section 14(2) Sale of Goods Act 1979. On the other hand, if the writer is relying on a judgment or the ratio of a case, he should refer to the case with full citation. If the facts of the case law are important in making his point, the writer may even briefly write about the facts of the case. But he should bear in mind that the ratio of the case, that is the legal reasoning behind the judgment, and the judgments provided by the judges are the most important.
It is fundamental for the writer to be consistent throughout the essay and to be relevant at all times. The different paragraphs making up his body should precisely answer the question. The essay should also be grammatically correct. As regards a law essay, it is extremely important for the writer to use correct vocabulary and make use of plain English which is not informal. This means that the writer should not be informal or use words which are more used in Spoken English such as “don’t or can’t”. The writer should adopt a legal analysis throughout which means that the different points that he is making is being made having due regard to the law as a matter of fact. He should avoid giving his personal opinions as to the law. Of course, on certain points of law, he may cite the names of well-known academics such as Benjamin on Sale of Goods; Chitty on Contract; or Todd on International Trade Law and briefly give the views of those academics.
In order for his essay to amount to a good piece of work, the writer should, above all, ensure that his legal analysis is correct and that he got the law right. Before one embarks on writing, he should either be familiar to the area of the law or he must research the area or topic adequately. The essay will only obtain good marks if the substance of the academic writing is legally correct.
The writer should never plagiarise or else he may be heavily penalised. Afterall, law tutors and academics correcting a paper are well acquainted and familiar to academic books and may easily detect plagiarism. Where the writer is referring to a quotation or to the works of an academic, he should give full reference to the source of the reference in a footnote.
Finally, the last section of a law essay should be a conclusion. If the introduction and the body of the essay are correct with the requisite legal analysis and having answered the question, a proper conclusion may only be the “cherry on the cake”. As such, in a conclusion, the author would wrap up the points that he has made in the body and put a generalised answer to the question. It is worth noting that the writer should not introduce any new information in a conclusion but it should rather be a summarising and a re-packaging exercise.
Bearing the above points in mind, the writer of a law essay may embark on an exercise where he may efficiently provide his legal analysis to the substance of the question. In doing so, his aim will be to illuminate the reader on the subject matter and be informative whilst at the same time being relevant.
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How to write a legal essay question.
A law essay question requires you to make an argument about some aspect of the law. For example, it might ask whether Bloggs vs Smith was correctly decided, how would you reform the law of murder, and so on. This guide provides tips and tricks for improving your legal essay writing skills.
The number one rule of answering any law essay question is RTFQ – ATFQ .
Read the flaming question, answer the flaming question .
Here is a common complaint by law examiners every year. Many students read the question once, see its on a particular topic, and regurgitate everything they know about that topic. As a result, the student fails to actually provide any kind of answer to what was asked.
If a question asks you to discuss the abolition of life sentences, don’t explain everything you know about murder. Your essay should provide an actual answer: yes, they should be abolished; no they shouldn’t be abolished; or no they shouldn’t be abolished but they should be reformed. Every piece of information and every line of argument you write should relate to your answer .
Take some time to analyse the language of the question . You should be asking yourself the following questions:
Are there any underlying assumptions the question makes? Should those assumptions be taken for granted, or can you challenge them ? How might this affect your answer to the question?
Are there any terms in the question that need to be defined , and is there any controversy over the definition of the word or phrase? How might this affect your answer to the question?
Take the following exam essay question taken from an International Law paper. You don’t need to know anything about International law, we are just going to look at the question’s structure and language.
‘The concept of persistent objector is contrary to the entire idea of a general international law common to all states.’ (DUMBERRY referring to CONFORTI) How real is the threat of the persistent objector to general international law? [ Cambridge University, Tripos Part IB Exam Paper May 2012 ]
The quote here raises an immediate issue. What actually is the ‘entire idea of a general international law common to all states’? Unless you establish what the purpose of general international law is, how it is achieved and how it operates, it is impossible to say whether something is a threat to it.
A good answer to this question would explain this. It would then outline the different views on the concept of international law, and argue that one particular view is the best. Only then would the student discuss whether the law relating to persistent objectors is a threat to general international law.
An essay question requires a balanced analysis of all sides of any academic debate. Do not give an entirely one-sided answer. However, do not do the opposite of this either. A completely neutral, non-committal essay is equally shallow: don’t conclude that both sides have good points without saying one is better. You need to have an argument .
Start the essay knowing what your argument will be. Work out how you are going to show that you have the correct way of looking at things. Always discuss criticisms that could be made of your points and how you would deal with them. If the other side have strong rebuttals, don’t ignore them: address them and explain why you don’t find them convincing.
The argument should flow and different elements of your argument should be dealt with in different sections. If it helps, use headings to make sure you stick to the point and don’t go off on irrelevant tangents. Every paragraph should start with a statement of what you will argue, and end with you having successfully argued it. If something is not relevant to the flow of your argument, do not put it in.
Law examiners love an argument where all the sections link together, playing off elements of previous sections and flowing naturally. There is a straightforward way of achieving this. Come up with some underlying, philosophical or policy-based thesis this area of law is based on . Then, think about how you can tie your argument into that.
For example, say you are asked to discuss whether sado-masochism should be an exception to the rule against consenting to ABH . A good answer will first consider: what is the point of criminalising behaviour that only really harms yourself? Is it paternalism? If so, does the law generally take a paternalist approach? Or does it instead generally protect an individual’s liberty to harm themselves as they please? How do the other exceptions to the rule fit into a paternalist or a liberty-based concept of the law?
You might conclude that the law does not follow a coherent principle. If so, you likely need to argue that it needs reform. Or, you might conclude that the law does follow a coherent principle. You might argue that this is a good principle to follow, in which case the law should stay as it is. Alternatively, you could argue that the law should not be based on this principle: it should be based on another. With this done you can answer the question. Sado-masochism should be an exception if it fits the philosophical/policy-based principles that you claim should underpin the criminal law.
This type of thinking helps essay flow. You are linking every stage of your argument to a broader argument about abstract principles. It also means you are evaluating the law deeply, which can greatly enhance your marks.
Evidence of wider reading, normally academic articles or specialist books, is necessary for top grades when you are writing a law essay. However, it is important to fully understand the arguments being made, and how they relate to other ideas. You will not get any extra marks for merely saying ‘X argues that Y is true’. You need to be able to explain why X makes this argument and how it might be criticised. Examiners are able to see through this kind of shallow ‘name dropping’.
Once you’ve read an academic article, sit back for a while. Think about how they relate to your own views. Academic arguments should support your views, not be a wholesale replacement of them. Don’t do an essay on what X thinks about a subject, do an essay on what you think about it. Inform your view with the academic’s analysis, supporting arguments and potential criticisms of your position.
If there’s one thing most law professors hate, its reading a phrase like ‘it seems from the evidence that there might be a possibility of supporting the argument that…’.
Confidence in essay-writing is not something that is stressed enough at school or university. People who aren’t confident are tempted to hedge their bets with language like ‘probably’ and ‘it might be the case’. Resist that urge. If your analysis is correct, the person marking the essay may have doubts as to how firmly you grasp the material if you do not sound confident in your conclusions. If your analysis is not correct, saying ‘probably’ in front of the error won’t help in any case.
Other stylistic tips for writing a professional sounding essay include:
If you are ever making a positive claim about the law, back it up with a citation. What proves your claim? A case? A statutory provision? Cite it. You must assure the marker that you aren’t just making lucky guesses. Many institutions’ grading criteria specify that you can’t achieve anything above a 2:2 with insufficient citation.
Generally there is no need to give the year, report and page number of case-law in exams. However, you should check your university’s best practice guidelines to know for sure.
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"[Agriculture, Climate Change and Food Security in the 21st Century: Our Daily Bread] is a thought-provoking and bold argument about how to change the world's food system, from someone worth listening to."
- Professor David Lobell, Stanford University, USA
This book contains ten writings on different aspects of international law, each of them cross-referenced, in instances in which information in one is relevant to points made in another. The first essay considers the character of the subject, and its relation to other entities of relevance to it, such as its compatibility with national law and its relation to maritime law. The second one considers different types of legal instruments in settings of international law, and explains how to read a multilateral convention, using the Convention for the International Sale of Goods as an example. The third part discusses the characteristics of a state and the concept of recognition, the fourth reviews the various roles that institutions take in international law, concentrating in particular on major regional organisations, and the fifth explores the extent to which the World Trade Organisation and the General Agreement on Tariffs and Trade provide for developing countries.
Essay Six summarises the framework for international labour law and investigates its contents and workings, then the seventh considers which countries predominate in the running of international institutions. The eighth paper explores how regional entities might co-operate with international institutions in the harmonisation of the law, and the ninth one investigates the place of negotiation as a method of international dispute resolution. Finally, the tenth essay considers the past, present and future of international law, and reviews especially the role of language.
Graeme Baber is an independent legal researcher, specializing in international, European and United Kingdom financial law. He has published more than 30 articles, comments, briefings and updates across these areas, and his previous books with Cambridge Scholars Publishing include The Impact of Legislation and Regulation on the Freedom of Movement of Capital in Estonia, Poland and Latvia and The Free Movement of Capital and Financial Services: An Exposition? His most recent book is a treatise entitled The European Union and the Global Financial Crisis: A View from 2016 (Nova Science Publishers). Graeme is an experienced teacher of university students, lecturing on both financial law and international law.
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Komninos, who has been with White & Case for 20 years, is an outspoken, respected and seasoned litigator who has appeared before the Grand Chamber of the Court of Justice of the European Union four times.
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Assimakis Komninos regularly advises clients on competition matters, but the longtime White & Case partner is also a seasoned litigator, having appeared before the Grand Chamber of the EU’s top court four times. In an interview with Law.com International, the well-respected Brussels-based partner reflects on why U.K. barristers would do well to read the courtroom post-Brexit, discusses an upcoming wave of private enforcement litigation around the Digital Markets Act, and explains the appeal of posting on LinkedIn.
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The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study.
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es of international law.7. The latter are the rights and freedom. contained within the UDHR.Thus, there are arguments for the UDHR to be both customary international law and principles of international law - which should ensure its standing in relation to the Me. bers of the United Nations.Who may rely on prov.
11 International Law Essay Topics To be able to write an exceptional international law essay, you need an excellent paper idea. Here you will get some amazing topics! You can use these international law essay ideas for composing your paper or read them for inspiration. Use the following ideas to practice or complete your assignment:
s both similar to and different from legal research in domestic law. Research in international law and domestic law are similar in their basic requirements: 1) you need a research question, 2) you need to understand the problem you are approaching (both in terms of the legal doctrine and its underlying theory), 3) you need a method to answer ...
Sample Undergraduate 1st International Law Essay. Author: Barclay Littlewood , Modified: 16 July 2023. This sample International Law essay was written by one of our expert writers, to give you a taste of the work we produce. You can also check out the plagiarism report delivered free with every essay!
Example essay. Last modified: 31st Aug 2021. The South China Sea dispute involves 6 countries, namely China (including Taiwan, who maintains similar claims as China), Brunei, Indonesia, Malaysia, the Philippines and Vietnam. The main issues of the dispute involve territorial claim and demarcation of territorial sea and Exclusive Economic Zone ...
Sample Undergraduate 2:2 International Law Essay. Author: Barclay Littlewood , Modified: 16 July 2023. This sample International Law essay was written by one of our expert writers, to give you a taste of the work we produce. You can also check out the plagiarism report delivered free with every essay!
Introduction: The Introduction should include a description of the problem, a thesis statement, and a roadmap of the argument to follow. Part I: This section should be used to set forth the background information on which the later analysis in your Note will depend. It should be a general and broad review of the important issues relevant to ...
The body of your law essay is where you provide detailed analysis and develop your arguments. Follow these steps to ensure clarity and depth in your writing: Identify the Issues: Clearly define the legal issues or questions at hand. This section should set the foundation for your analysis. Provide Legal Analysis: Discuss relevant case law ...
A customary international law which is accepted by international communities is that of Jus cogens in which no derogation is ever permitted. In abiding by these laws, international communities are prohibited from indulging in activities of torture, slavery, genocide, crimes of humanity, etc. It is important to remember that these laws are not ...
A good structure for a law report would be as follows: Title Page: showing the title of the report, the author, the person for whom the report is prepared, and the date of completion. Summary/Synopsis/Executive Summary: (approx 10% of word count) - this will identify: The purpose of the report, The scope of the report - issues covered/not ...
When writing an essay, you need to start with a question. The best way to do that is by answering the law essay question. But it's not enough just to answer the question; rather, you should make sure your answer is relevant. You need to know the law, and this means having a firm understanding of what is stated in case law and statutes.
Restate key supporting arguments. The final stage of creating the plan of your law essay is to pick 2 to 3 key supporting arguments which you discussed in the main body of your paper and outline them again. This time, however, you will not be getting into a detailed discussion of how case law or statute sections justify your supporting arguments.
There are no great secrets here: the formula is straightforward. You should begin your essay by stating your thesis — that is, by setting out what it is that you are going to argue. This should be done in your introductory paragraph — by the time the reader reaches the end of that paragraph, they should be in no doubt about what you are ...
In this article, we'll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 1. Start In Advance. Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question.
By Eric Brahm September 2003 International law has emerged from an effort to deal with conflict among states, since rules provide order and help to mitigate destructive conflict. It is developed in a number of ways. First, law often comes out of international agreements and treaties between states. Treaties are the most important source of international law and also serve as the origins of ...
The Structure and Process of International Law: Essays in Legal Philosophy , Doctrine and Theory, edited by R. St. J. Macdonald and Douglas M. Johnston (The Hague: Mārtiņus Nijhoff, 1983, 1234pp., US$120.00). Most modern writing on modern international law tends to be devoted to a specific issue or a particular field. It is a pleasure,
In legal writing, issues are the core of the essay. This part of the essay should: Identify and state the issue; Name those involved (plaintiff and defendant) and briefly describe their individual issues; Work out what body of law may govern the resolution of the issue (e.g. Contract Law)
Present the central argument. One of the most important aspects of your law essay that needs to be included in the introduction is the central argument, that is the point you will be trying to prove in your essay. Relying on simple vocabulary and phrasing, explain the central argument that you will be attempting to prove throughout your essay.
1. Analyse the Question. The starting point in writing a law is essay is to analyse the question and understand clearly what the question is all about. Ideally, one should start by identifying the area or topic of law. Once the topic is identified, the writer should analyse the question in light of the area of the law and understand what is it ...
How to Write a Legal Essay Question. A law essay question requires you to make an argument about some aspect of the law. For example, it might ask whether Bloggs vs Smith was correctly decided, how would you reform the law of murder, and so on. This guide provides tips and tricks for improving your legal essay writing skills.
Essays on International Law. This book contains ten writings on different aspects of international law, each of them cross-referenced, in instances in which information in one is relevant to points made in another. The first essay considers the character of the subject, and its relation to other entities of relevance to it, such as its ...
Likewise, law school admissions officers are looking to build a diverse and balanced class of outstanding candidates. They want to know you are committed to law school, and they often ask about ...
Schools for International Students. You May Also Like. How to Start Writing a Law School Essay. To get started on a personal statement, brainstorm your best stories and don't stunt the writing ...
How to Start Writing a Law School Essay To get started on a personal statement, brainstorm your best stories and don't stunt the writing process. Gabriel Kuris Aug. 5, 2024
The Queen's Commonwealth Essay Competition is the world's oldest international writing competition for schools, proudly delivered by the Royal Commonwealth Society since 1883. Find out more about the competition and how to enter.
To what extent can international law be deemed binding internationally? Introduction. International law exists and functions as a complex network of legal principles that aim for international peace and order, and promote the acceptance of internationally shared aims. [1] It is generally identified as a 'benchmark and guideline', [2] the binding force of which depends on the will and ...
Nearly 4,000 additional officers were deployed, a law enforcement association said. And a government order gave officers in some places special powers to disperse any gatherings or "antisocial ...
OK, you don't need to write a 40-page article for the Common Market Law Review [the oldest dedicated journal on EU law]. But you can write a short blog about a particular judgment.
Mr. Trump made the remark in reference to his claimed ability to directly fire Robert S. Mueller III, the special counsel in the Russia inquiry, which primed his hostility toward law enforcement ...
The example law essays below were written by students to help you with your own studies. If you are looking for help with your law essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Law Essay Writing Service.