JAIN LAW-INT1 PERIOD 1 PAGE 1
RESPONSE PAPER
LAST NAME: JAIN
FIRST NAME: SANJAY
PROGRAM CODE: DMCR
COURSE CODE: LAW-INT1
PERIOD NUMBER: 1
INSTRUCTOR: CLEENEWERCK
Edit or delete text to show the actual information below:
The author applied U.K. conventions of grammar, usage, and mechanics
The student must use Turabian/Chicago parenthetical/in-text references (ideally with Zotero) and confirm below:
The author did use Zotero to insert references
The author did use Grammarly Premium
My plagiarism rate (per Grammarly Premium) is 1%
The author used the following software: MSWord for Mac 16.92
Seven key concepts with page number in text:
1. The Legal Features of International Community (Cassese 2005, 3)
2. Evolution of International Community (Cassese 2005, 22)
3. Principles Governing International Relations (Cassese 2005, 46)
4. States as Primary Subjects of International Law (Cassese 2005, 71)
5. The Spatial Dimension of State Activities (Cassese 2005, 81)
6. Limitations on State Sovereignty (Cassese 2005, 98)
7. Other International Legal Subjects (Cassese 2005, 124)05/07/2018 09:47:00 PM
INTERNATIONAL LAW
1) INTRODUCTION
Antonio Cassese’s International Law (2005) offers an interesting examination of
international law’s concepts, themes, and frameworks. The initial seven chapters of this
book establish the framework for comprehending the historical evolution, legal
characteristics, and participants in the international legal system. The book is
distinguished by its integration of historical, legal, and sociological viewpoints,
facilitating an understanding of the complexities of international law. The author provides
a thorough analysis by scrutinising the development of international legal norms, the
functions of diverse legal entities, and the limits placed on state sovereignty.
2) THE LEGAL FEATURES OF THE INTERNATIONAL
COMMUNITY
In Chapter 1, the author examines the fundamental legal attributes of the
international community, highlighting state sovereignty, legal equality, and the lack of a
central governing body (Cassese 2005, 3). I agree with the author that international law is
JAIN LAW-INT1 PERIOD 1 PAGE 2
predicated on a decentralised framework, setting it apart from the domestic legal systems
of nations. The decentralised structure enables nations to maintain considerable
autonomy while conforming to common legal standards. The author could have
supplemented his work by examining how rising global governance entities, such as the
United Nations Security Council and the International Criminal Court, obscure
fundamental distinctions. The Security Council’s capacity to enforce binding resolutions
on nations undermines the conventional concept of absolute sovereignty. Incorporating
instances of how these entities affect state conduct would enhance understanding of the
current international legal framework.
3) EVOLUTION OF THE INTERNATIONAL
COMMUNITY
In Chapter 2, the author describes the progress of international law from the
Treaty of Westphalia to the present day (Cassese 2005, 22). I agree with the author’s
assessment of the impact of colonialism and decolonisation on international law. The
acknowledgement of self-determination as a core value marked a significant
transformation that enabled newly independent governments to exercise their rights
internationally. The author’s analysis of the post-World War II period, particularly the
formation of the United Nations, correctly highlights the shift from a Eurocentric legal
framework to a more inclusive international society. I do not agree with the author’s
constrained analysis of Indigenous legal systems and their marginalisation. The exclusion
of indigenous viewpoints and their historical contributions to international law represents
a significant opportunity lost to enhance the historical narrative. The ideas of treaty-
making and land rights in indigenous societies may provide significant insights into the
evolution of international legal norms.
4) PRINCIPLES GOVERNING INTERNATIONAL
RELATIONS
In Chapter 3, the author explains fundamental concepts like non-intervention, the
prohibition of force, and resolving disputes peacefully (Cassese 2005, 46). I concur with
the author’s argument that these principles play a significant role in preserving global
stability. The prohibition on using force, established in the UN Charter, is fundamental to
contemporary international law. The author’s explanation of the evolution of these
principles in reaction to the atrocities of the two World Wars is persuasive. I believe the
author could have improved the discussion by analysing the selective enforcement of
these principles, resulting in allegations of double standards. The diverse global reactions
to Kosovo, Iraq, and Syria operations highlight the difficulties of consistently adopting
these principles. Examining these examples would highlight the conflict between legal
principles and ground realities.
JAIN LAW-INT1 PERIOD 1 PAGE 3
5) STATES AS PRIMARY SUBJECTS OF
INTERNATIONAL LAW
In Chapter 4, the author argues that states are the principal subjects of
international law owing to their sovereign existence (Cassese 2005, 71). I agree with the
author’s argument that states possess the most substantial legal identity and are the
principal entities in the international legal framework. The author’s examination of the
ingredients for statehood, including a delineated region, stable population, and functional
government, is comprehensive and enlightening. I believe the author could have
elaborated on the influence of failed or unstable governments, undermining the
conventional notion of state sovereignty and legal accountability. Failure of failed nations
to effectively control their territories prompts enquiries regarding their legal
responsibilities and entitlements. Incorporating instances such as Somalia or the
Democratic Republic of the Congo would offer a thorough perspective on the
international community’s difficulties.
6) THE SPATIAL DIMENSION OF STATE ACTIVITIES
In Chapter 5, the author discusses the nation’s jurisdiction over land, maritime,
and aerial domains (Cassese 2005, 81). I agree with the author’s explanation of territorial
sovereignty and marine boundaries, especially the importance of the United Nations
Convention on the Law of the Sea (UNCLOS). The demarcation of Exclusive Economic
Zones (EEZs) and the entitlements of coastal nations are essential for understanding
current conflicts about ocean resources. I do not agree with the author’s narrow
examination of the Internet as a contemporary jurisdictional sphere. In light of the
increasing prevalence of cyber dangers, such as state-sponsored cyberattacks and cyber
espionage, a comprehensive debate would be both topical and pertinent. The difficulties
of implementing conventional legal principles in cyberspace highlight the necessity for
developing worldwide standards and collaborative structures.
7) LIMITATIONS ON STATE SOVEREIGNTY
In Chapter 6, the author discusses the legal immunities conferred upon
governments and their officials (Cassese 2005, 98). I agree with the author regarding
using immunities to circumvent accountability for international crimes. The examination
of the Pinochet case, in which a former head of a nation was held responsible for human
rights abuses, is notably enlightening. This decision established a precedent for restricting
and limiting sovereign immunity in cases of grave international offences. The author
could have improved this chapter by discussing how universal jurisdiction can reconcile
these immunities with the necessity for justice. Universal jurisdiction enables national
courts to prosecute persons for egregious offences, irrespective of the location of the
offences. Instances like the trials of Nazi war criminals and the prosecution of
JAIN LAW-INT1 PERIOD 1 PAGE 4
perpetrators of the Rwandan genocide highlight the practical implementation of this
principle.
8) OTHER INTERNATIONAL LEGAL SUBJECTS
The author recognises international organisations, rebels, and individuals as
additional subjects of international law (Cassese 2005, 124). I agree with the author’s
acknowledgement of individuals as holders of rights and responsibilities under
international law, particularly on human rights and international offences. The creation of
international tribunals, including the International Criminal Court (ICC), has reinforced
the status of persons as subjects of international law. However, considering their
considerable impact on international relations, the author should have expanded on the
legal status of multinational firms. Corporations frequently function across various
jurisdictions and can influence human rights, environmental standards, and economic
stability. Incorporating cases such as the Shell Nigeria litigation or the Bhopal Gas
Tragedy in India would enhance the comprehension of corporate accountability within
the framework of international law.
9) CONCLUSION
The initial seven chapters of the book International Law offer a comprehensive
framework for understanding the international legal system. The author’s historical and
sociological methodology correctly contextualises the evolution and implementation of
international law norms. The author’s analysis is broad; nevertheless, including talks on
modern concerns such as cyber jurisdiction, unstable nations, and corporate actors would
enhance its depth. The author’s work is essential for understanding international law’s
dynamic and growing character. I believe it may benefit from further exploration of
contemporary difficulties and advances.
REFERENCES
Cassese, Antonio. 2005. International Law. 2nd ed. Oxford: Oxford University Press.
