The practical application of international law norms and decisions is dependent on the consent of the States concerned, meaning that enforceability is not as simple as national legal systems application in domestic settings. This thesis discusses the context of International law in the Middle East concerning mainly armed conflict violations. Considering the importance of the history and nature of International Law and its connection to the United Nations, the relation of both shall be examined, highlighting how they rely on each other. Since not all states decide to resort to the dispute settlement system of the International Court of Justice, cases of International law context will be analysed concerning Lebanon and Palestine against Israel, and the impact of the decisions on the States, with regards to political and legal backgrounds of the states. The main argument is regarding the effectiveness of International law is controversial due to the level of enforceability. This thesis shall explore experiences of the Middle Eastern States, Lebanon, and Palestine, within various International law bodies and highlight the importance of enforceable legal provisions in developing countries because of the consequences of several International law violations. Legal effectiveness is generally the enforcement of the law. Therefore, an assessment throughout the thesis by comparing judicial decisions with actual enforceability. A probable reason for enforceability issues is that certain countries have witnessed favouritism due to power. This paper shall explore case analysis and highlights an underlined and unconstitutional bias towards the latter, considering long-term effects. International Humanitarian Law is a considerable branch of International law in armed conflict: discussed in the paper is its application in a series of critical cases where many violations have occurred. Following case analysis, the thesis will analyse the efficiency of the reports on the violations considering actions taken to avoid future violations. This discussion will also include different aspects of Human Rights Laws that need reforming within the Middle East with the help of International Law in the element of conflict.
International Law In Practice: A Focus On Its Effectiveness In The Middle East
ASSAAD ABDALLAH, AMIN
2020/2021
Abstract
The practical application of international law norms and decisions is dependent on the consent of the States concerned, meaning that enforceability is not as simple as national legal systems application in domestic settings. This thesis discusses the context of International law in the Middle East concerning mainly armed conflict violations. Considering the importance of the history and nature of International Law and its connection to the United Nations, the relation of both shall be examined, highlighting how they rely on each other. Since not all states decide to resort to the dispute settlement system of the International Court of Justice, cases of International law context will be analysed concerning Lebanon and Palestine against Israel, and the impact of the decisions on the States, with regards to political and legal backgrounds of the states. The main argument is regarding the effectiveness of International law is controversial due to the level of enforceability. This thesis shall explore experiences of the Middle Eastern States, Lebanon, and Palestine, within various International law bodies and highlight the importance of enforceable legal provisions in developing countries because of the consequences of several International law violations. Legal effectiveness is generally the enforcement of the law. Therefore, an assessment throughout the thesis by comparing judicial decisions with actual enforceability. A probable reason for enforceability issues is that certain countries have witnessed favouritism due to power. This paper shall explore case analysis and highlights an underlined and unconstitutional bias towards the latter, considering long-term effects. International Humanitarian Law is a considerable branch of International law in armed conflict: discussed in the paper is its application in a series of critical cases where many violations have occurred. Following case analysis, the thesis will analyse the efficiency of the reports on the violations considering actions taken to avoid future violations. This discussion will also include different aspects of Human Rights Laws that need reforming within the Middle East with the help of International Law in the element of conflict.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14240/31887