Legal Committee Overlapping Jurisdiction of International Law - IDIA
Rutgers Model United Nations 17 Discussion Questions • What is meant by international law? What does it entail and how is it created? • From where do organizations get the authority to impose law on sovereign states? What can be done to compel compliance with these laws? • What is it about the nature of international law that naturally leads to fragmentation? • Is it possible to eliminate all traces of overlapping and fragmentation amongst international law? What should happen if this was done? • What factors have led to a sharp increase in the scope of international law since the Second World War? • How has the increase in the number of international organizations led to more overlapping laws? • Is there a field of international law that applies in a particularly pertinent way to your country? For instance, do human rights, trade, environmental, refugee, immigration, or monetary issue play an important role in the diplomatic relations of your country? • What strategies do lawyers and courts customarily employ in dealing with cases of overlapping of the law? Are these techniques sound? • What are the drawbacks of the increased overlapping of international law? • Why do some scholars believe that this overlapping is a positive development that indicates the vitality and relevance of international law? • What did the International Law Commission Study suggest in its report regarding fragmentation of international law? • How can the Legal Committee use this report as a springboard to deal with the issue?
Rutgers Model United Nations 18 Works Cited “About the Pan-African Parliament.” Pan-African Parliament. 12 March, 2007. . Corfu Channel Case (United Kingdom v. Albania). International Court of Justice Reports 1949, p. 22. Guillaume, H.E. Judge Gilbert, President of the International Court of Justice. Speech to the General Assembly of the United Nations. 30 October 2001, supra note 2. “The International Court of Justice.” International Court of Justice Information Office. 23 November 2006. . “International Law.” Legal Information Institute. Cornell Law School. . “International Law Commission Called on to Consider Legal Consequences of Private Armies, Security Agencies Being Used in Armed Conflict.” US Fed News. 3 November 2006. Lexis-Nexis Academic, . Lauterpacht, Hersch. The Reality of the Law of Nations. E. Lauterpacht (Ed.), International Law, Being the Collected Papers of Sir Hersch Lauterpacht. Vol. 2, 26 (Cambridge University Press, 1970–1978). Legality of the Threat or Use of Nuclear Weapons Case. Advisory Opinion, International Court of Justice Reports 1996, para. 79. Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 10 (A/57/10). Paragraphs 492-494. Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10). Paragraph 76. Official Records of the General Assembly, Sixtieth Session, Supplement No. 10 (A/60/10). Paragraph 448.