JAIN LAW-INT1 PERIOD 2 PAGE 1

RESPONSE PAPER
LAST NAME: JAIN
FIRST NAME: SANJAY
PROGRAM CODE: DMCR
COURSE CODE: LAW-INT1
PERIOD NUMBER: 2
INSTRUCTOR: CLEENEWERCK

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Seven key concepts with page number in text:
1. The Role of Custom in International Law (Cassese 2005, 153)
2. Treaties: The Backbone of International Agreements (Cassese 2005, 170)
3. The Hierarchy of Norms: Jus Cogens and Beyond (Cassese 2005, 198)
4. Implementation of International Rules Within National Systems (Cassese 2005, 241)
5. Breaches of International Law and State Responsibility (Cassese 2005, 81)
6. Peaceful Settlement of Disputes (Cassese 2005, 278)
7. Enforcement of International Law (Cassese 2005, 296)05/07/2018 09:47:00 PM

INTERNATIONAL LAW

1) INTRODUCTION
In Chapters 8 to 15 of the book International Law (Cassese 2005), the author
examines the formulation, execution, violations, and enforcement of international law.
These chapters examine the dynamic mechanisms by which international norms are
created and upheld and the implications of their violations. The author explains the
interaction of customs, treaties, jus cogens norms, and enforcement mechanisms in the
international legal system. The author explains the strengths and weaknesses of the
contemporary international legal framework by integrating historical and legal
viewpoints.

2) THE ROLE OF CUSTOM IN INTERNATIONAL LAW

In Chapter 8, the author introduces the notion of custom as a fundamental basis of
international law, highlighting its dependence on state practice and opinio juris (Cassese
2005, 153). I agree with the author’s conclusion that customary law remains an essential
source of international law, especially in the absence of treaties. Customary international
law has been essential in domains such as the laws of armed conflict and the norms of
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non-refoulement. The author could have enhanced the discourse by examining the
difficulties arising from contradictions in governmental practice. The selective
compliance by powerful states with customary rules diminishes their universal
application. The author’s analysis of the dynamic character of custom highlights its
flexibility in dealing with contemporary challenges, including environmental protection
(Cassese 2005, 156). This highlights the significance of custom in dealing with
deficiencies in international law. I believe that the author could have more thoroughly
examined the importance of non-state actors in creating customary norms, including the
role played by NGOs in promoting the prohibition of child soldiers.

3) TREATIES: THE BACKBONE OF INTERNATIONAL

AGREEMENTS
In Chapter 9, the author describes the treaty as the foundation of international law,
explaining its creation, interpretation, and dissolution (Cassese 2005, 170). I agree with
the author’s description of the treaty-making process and its obligatory nature. Treaties,
including the Geneva Conventions, have created a systematic framework for resolving
difficult international conflicts. The author has perceptively explained the Vienna
Convention on the Law of Treaties. It specifies the regulations that govern treaty
functions. I do not agree with the author’s narrow emphasis on reservations, which
frequently compromise the consistent implementation of treaty obligations (Cassese
2005, 176). The numerous caveats to the Convention on the Rights of the Child diminish
its effectiveness.

4) THE HIERARCHY OF NORMS: JUS COGENS AND

BEYOND
The author examines jus cogens norms as peremptory, non-derogable laws
(Cassese 2005, 198). I agree with the author’s emphasis on the importance of jus cogens
in upholding fundamental ideals, including the prohibition of genocide and torture. These
principles provide the foundation of international law, offering a moral and legal basis for
the global society. The inclusion of examples such as the Nuremberg Trials highlights
their historical significance. The author could have elaborated on the difficulties of
implementing these rules, especially when influential powers contravene them. The
absence of an efficient global framework to remedy violations of jus cogens rules, as
demonstrated by the international community’s inability to avert horrors in Syria,
exemplifies this constraint. The author’s analysis of jus cogens could be improved by
exploring their function in national courts, exemplified by the use of universal
jurisdiction in the Pinochet case (Cassese 2005, 210).
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5) IMPLEMENTATION OF INTERNATIONAL RULES

WITHIN NATIONAL SYSTEMS
In Chapter 12, the author examines the interplay between international and
national legal frameworks, highlighting monist and dualist perspectives (Cassese 2005,
213). I agree with the author’s examination of these models and their implications for
implementing international law. As demonstrated by the Netherlands, the monist
approach guarantees the smooth incorporation of international norms into domestic
legislation. In contrast, the dualist approach, common in the United Kingdom, requires
legislative measures to integrate international accords. The author could have improved
this part by analysing the function of domestic courts in reconciling international duties
with national implementation. Prominent examples, such as Filartiga v. Pena-Irala,
illustrate the capacity of national courts to enforce international standards (Cassese 2005,
220).

6) BREACHES OF INTERNATIONAL LAW AND STATE

RESPONSIBILITY
The author’s explanation of state accountability for internationally wrongful acts
offers a comprehensive analysis of the legal environment (Cassese 2005, 241). I agree
with the author’s emphasis on the distinction between ordinary and aggravated
responsibility. The International Law Commission’s Articles on State Responsibility
provide a comprehensive framework for addressing violations. The author’s examination
of countermeasures, including economic sanctions, highlights their dual function as
instruments of enforcement and deterrent. I believe the author could have explored the
implications of countermeasures more thoroughly, which obscure the distinction between
enforcement and retaliation. Incorporating examples like the U.S. sanctions on Iran
would exemplify the intricacies of this notion. The author’s discussion should be
augmented to encompass the function of international organisations, such as the United
Nations, in fostering accountability for state transgressions (Cassese 2005, 260).

7) PEACEFUL SETTLEMENT OF DISPUTES

In Chapter 14, the author analyses methods for the peaceful resolution of disputes,
including negotiation, mediation, and arbitration (Cassese 2005, 278). I agree with the
author’s contention that these methods are essential for preserving international order.
Incorporating case studies, such as the International Court of Justice’s management of
territorial disputes, enhances the analysis. The successful resolution of the Eritrea-
Ethiopia border conflict through arbitration illustrates the effectiveness of such methods.
The author could have examined the function of regional organisations, such as the
African Union, in facilitating peaceful dispute resolution. The African Union’s mediation
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initiatives in Sudan illustrate the capacity of regional organisations to resolve crises.

(Cassese 2005, 286).

8) ENFORCEMENT OF INTERNATIONAL LAW

The author finally discusses international law enforcement, differentiating
between conventional and contemporary methods (Cassese 2005, 296). I agree with the
author that enforcement methods have developed to encompass collective measures like
UN sanctions. The efficacy of global initiatives, shown by the sanctions imposed on
apartheid-era South Africa, highlights the capacity for collective action. I disagree with
the author’s restricted examination of non-state players in enforcement. The author could
have emphasised the growing engagement of NGOs and international advocacy groups in
ensuring state accountability. Organisations such as Amnesty International are
instrumental in recording human rights abuses and promoting accountability. Moreover,
the use of technology, including satellite images for compliance verification, should have
been examined as a modern enforcement instrument (Cassese 2005, 310).

9) CONCLUSION
Chapters 8 to 15 of the book International Law (Cassese 2005) provide an in-
depth examination of the methods and concepts that govern the formulation, execution,
and enforcement of international norms. The author offers significant insights, yet there
remains room for discussion on current challenges, including selective compliance with
norms, domestic courts’ function, and non-state actors’ participation. The author’s work
remains an essential resource for researchers and practitioners.

REFERENCES
Cassese, Antonio. 2005. International Law. 2nd ed. Oxford: Oxford University Press.