Friday, May 2, 2008

Norms

Generally, how do “Norms” of International law come into being? Give examples. Why do you think states take interest in creating or recognizing norms of International Law?

What is meant by norms?

The norms can be define as the normal or usual situation or generally accepted standards of social behaviour. Norms in the sense of International law can be regard as a general view of social behaviour among the society that is accepted to be practice.

The norms of International Law can be traced or found through the sources of International law which are treaties, International customary law, general principles of law, International judicial decisions and opinion of textbook writers.

Mainly, the norms of International law come into being when there is a need of a body of rules that can regulates activities carried on outside the legal boundaries of a state which both of the states have the same interest in such relations.

How do “Norms” of International law come into being?

Norms of International law come into being by the way of :-

(1) Federal Constitution
Malaysia accepted the Norms of International law by incorporating such provisions under Federal Constitution as a supreme law Malaysia.

(2) Civil Law Act 1956
Section 3 (1) of Civil Law Act 1956 permit the application of common law and equity which administered in England by such exception and condition.

(3) Membership in International Organization
Malaysia recognize the Norms” of International law through the membership in International Organization.
(4)Treaties
Treaties become the law of the land as soon as the necessary law are enacted.

(5) Acts of Parliament
Parliament has the power to make a law which regard to an International law based on practicality of Malaysian concern with such rules.
(6) Judicial decisions
Malaysian judges have the discretionary power to consider the judicial decisions which was decided by foreign courts on International law as the principle to be applied into local cases with such exception.

Why states take interest in creating or recognizing norms of International Law?

1- The general feeling and experience over history is that, groups of people or human society, find that community life will be happier, more ordered and just if the relationships between members of the community are regulated by generally recognized rules.
2- International law is not really a law but it is an International morality; so the states ought moral obligations towards the affairs of nation such as enforcement and states dealings with International Organizations.
3- International law is merely a slogan of diplomacy and it is a convenient weapon or tool for a ministry of propaganda anxious to win the support of the world opinion.
4- Furthermore, the relevancy and acceptance of norms makes states to recognize the norms of International law.
5- Influence or affection by western domination make states to enforce norms of International law into their states supreme law.

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