Core Legal Principles Evolution (Essay Sample)
“International law traditionally flourishes with liberal hegemony, shared interests, or balance-of-
powers parity. The first condition is visibly waning. The second and third conditions support
regional and functional islands of multilateralism. While those islands may sometimes be shaky,
they will continue to provide work for international lawyers. Beyond that, in the rough waters of
war, peace, and even justice, the language of international law will also continue to pervade
international relations. But it increasingly risks being perceived as an imprudent distraction. That
is unless civil societies can unsettle the present monopolies that shape the terms of international
legal discourse.”
— Ingo Venzke, Research Fellow and Lecturer, Amsterdam Center for International Law,
University of Amsterdam,
We have discussed in this class the increase in the number of multilateral treaties and the
resulting regimes that have addressed old problems and new ones such as those emerging issues
in outer space. In some cases, legal rules exist that can be adapted and further developed such as
the Law of the Seas laws that can be applied to space law. In other cases, norms must still be
developed. One such case is the growing field of biotechnology and technoscience. There will be
a need to address bioethical questions such as gene patenting, genetic diagnosis, and
interventions on the body. One question we can ask is what the US role will be in further
developing international regimes given the frequent indifference and hostility that the Trump
administration has shown towards these efforts.
Remember what we have said about compliance with international norms: sometimes the norms
simply develop and are accepted without compliance mechanism. Frequently though,
encouraging compliance is an ongoing struggle. Some of the most difficult cases involve human
rights and human security because states want to control how they treat their own citizens. Even
states that have generally good human rights records are reluctant to varying degrees to give
Part nine of our international law book does a very good job of bringing our study full circle. What are some of the most important ways that core legal principles have evolved?
The empirical measurement of the volume of rules, legal norms, court rulings, institutions governance and legal values has evolved over time to create room for legal positivism, neutrality and doctrine of intervention. The international law provides the fundamental foundation for the engagement of secondary rules, hence, core principles due to the rapid changes experienced at the global, regional and domestic level ought to evolve too.
Over the years, human rights have been violated. However, with the aid of core legal principles evolution there is creation of human rights treaties that are consistent with international human right laws. In December 1986, the United Nations Commission on Human Rights put forth that going onwards the human right treaties should make necessary considerations to the general principles. The general principle include; consistency, dignity and practicability human rights (Buergenthal, 2006). Previously, human rights were non bis in idem and non-discriminatory but currently due to core legal principles evolution, human rights are more fulfilling.
The rule of law is also rapidly changing, however, some guidelines have defied changes and are from the origin (Medieval England). The major developments include; punishment to only the law breakers, all persons are innocent until proven otherwise, equal treatment for all human beings, no arbitrary power and independence of the judiciary. Therefore, over the years the rule of law has created a free society. Article 14 International Covenant on Civil and Political Rights (ICCPR) and Article 6(1) European Convention on Human Rights (ECHR) have played an important role in the evolution (Harlow, 2006). The rule of law provides better implementation of the core principle values.
Equality and non-discrimination principles have also developed to the creation of better human standards. Major changes include; prohibition of any kind of discrimination, offering advantageous
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