International Law

Published: 2019-10-29 09:30:00
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Every sovereign state has rules and regulations that govern it as stipulated in the constitution. However, these laws are derived from different sources and may differ, but because of globalization and the need to work with the citizens of other countries, it is necessary to adhere to the international laws. This means that the existing international law should govern the setting of the country's laws. Therefore, in the case of a dispute that involves two or more countries, the international law should apply to resolve such issues as happened in the case of David Goldman and the Brazilian family. That is why the American leaders had to intervene by applying the international law, leading to the passage of the trade bill. Additionally, the case had to be decided by the application of the international custody laws. As a result, it is necessary for every state to look beyond its own affairs and consider the welfare of internationals by recognizing the International Parental Kidnapping Crime Act and the Hague Abduction Convention. If not, there will be sanctions from the affected countries as witnessed by the trade bill. As explained in part II article 4, consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the States at variance (Yale Law School, " Laws of War: Pacific Settlement of International Disputes 2008).

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Various conventions such as those of the United Nations and the Hague Convention of 1907 are geared towards ensuring that there are unity and freedom. However, there has also been a series of diplomatic conventions that are specifically held to ensure a mutual benefit between states, meaning that such governments must have a common goal (United Nations Diplomatic Conferences, Office of Legal Affairs, 2016). For instance, the trade bill by the U.S. was specifically meant to trigger the Brazilian government and respond to Americas demands in the application of the international parental laws. Leaders have the responsibility of ensuring that the applicable international laws have protected their citizens while outside their countries. Once the Nationals have faced a problem while in another country, they have a role of comforting and protecting them in places like a consulate.

Article 13 of the U.N. charter grants the general assembly a chance of foreseeing and encouraging progressive development and the codification of international law. This means that any country that is a member of the United Nations must comply with these provisions. If the international laws could not have been enforced, then there could have been a problem with several states since some of their legislation could contradict (United Nations, "Codification and Progressive Development of International Law, 2016). Any form of contradiction will eventually force the member states to react, as was the case of President Obama and the Secretary of State, Hillary Clinton. Every state has rights and duties as outlined by the United Nations and any form of interference by other countries will be considered to as the infringement of their respective rights (American Society of International Law, "EISIL - Electronic Information System for International Law, 2013). That is one of the reasons why the Brazilian government had to apply the law and allow David Goldman take custody of his son instead of being raised by a stepfather. There can be slight differences between the American and the Brazilian laws but given that they all comply with the approved international standards; the possibility of reaching an agreement is always there.

Bibliography

American Society of International Law. "EISIL - Electronic Information System for International Law." Draft Declaration on Rights and Duties of States. Last modified 2013. http://www.eisil.org/index.php?sid=590363397&id=529&t=link_details&cat=519.

"United Nations Diplomatic Conferences." United Nations - Office of Legal Affairs. Last modified 2016. http://legal.un.org/diplomaticconferences/.

United Nations. "Codification and Progressive Development of International Law." United Nations - Office of Legal Affairs. Last modified 2016. http://legal.un.org/cod/.

Yale Law School. "Laws of War: Pacific Settlement of International Disputes (Hague I); October 18, 1907." Lillian Goldman Law Library. Last modified 2008. avalon.law.yale.edu/20th_century/pacific.asp.

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