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International Law

International Law

International Law Firm – Services and Facilities

July 16, 2017

The international law firms are becoming more and more popular these days. In fact, the legal service sector has undergone significant developments in most the offshore jurisdictions due to the creation of the international law firms. These types of law firms offer numerous services and facilities. These include:

Asset Protection:

 

The international law firms help the offshore companies as well as individual to protect their assets from legal enemies. Almost all these firms have their offices in different locations for the convenience of their clients all over the world. These firms also ensure confidentiality of the information that you share and offer personalized solutions so as to meet your specific needs.
Moreover, these international law firms help you to protect your assets from the following legal threats:

o They can help you to protect your business and other assets from a negligence or injury claim exceeding your insurance coverage.

o You can protect your assets from frivolous lawsuits.

o They can even save you from any kind of lawsuits filed by your disgruntled employees or business partners.

Wealth Management:

These international law firms also manage your wealth on your behalf. They will plan your wealth management depending upon your specific needs and lifestyle. They will even help you to manage the funds in the offshore jurisdiction, which will significantly boost your savings. The international law firms can also help you to purchase property in any offshore jurisdiction. They help you in estate planning. In addition, you can even refer to an international law firm in case you are having any legal problem to inherit property or a large sum of money in any foreign country.

Debt Settlement:

You can even solve your offshore debt problems with the help of the international firms. It is indeed very hard to repay pressing debts while meeting all your family and personal requirements, during the time of financial hardship. The international law firms will help you to plan your debt repayment. In addition, they can settle your debt problems and deal with your legal enemies on your behalf.

Thereby, you can conveniently manage all your financial and legal proceedings with the help of these law firms. However, while hiring such international law firms you need to ensure certain factors. These include:

o Make sure that the lawyers of the particular firm have proper skills and prior experience in the field you are looking for.

o In addition, they need to have in depth knowledge and diversity of expertise about the laws of the particular offshore jurisdiction.

 

International Law

New Imperial Order or (Hegemonic) International Law?

May 27, 2017

Introduction

When, on the occasion of the Gulf War (1990-1991), the Soviet Union decided to cooperate with the US within the Security Council (SC), President George Bush said that he shared with Mijail Gorbachov the vision of “a world where the rule of law supplants the rule of the jungle, a world in which nations recognize the shared responsibility for freedom and justice, a world where the strong respect the rights of the weak.”

Twelve years afterwards, this vision has disappeared because the US has assumed an imperial tendency, rightly outlined by professor Zemanek in his introductory essay, above all when the right wing Republicans that already had the control of the Congress (1996) conquered the Presidency through courts (2000). It suffices to read the declaration of principles of the New American Century Project (June 1997) and to take account of its signatories to realize that the Iraq intervention was part of American planned policies shaped by people that constitute the core of the current Administration, even before the S-11 crimes offered the occasion of putting them in practice.

Although before this date the US foreign policy showed signs of unilateralism, afterwards the Bush Administration has decided to impose a New World Order that turns around the American security and that is based on the American military supremacy and its readiness to use force. Diplomacy and international institutions mainly work for intervention and war rather than for peaceful dispute settlement and cooperation. The outcome is profoundly regressive.

Leadership, Hegemony, Empire

Nobody questions that the world needs leadership and that only the US can offer it. However, the George W. Bush Administration does not bet on leadership, but on hegemony; even on the consecration of an Imperial order that denies sovereignty and sovereign equality with all its consequences. We should be “unashamed, unapologetic, uncompromising American constitutional hegemonists”, wrote John Bolton.

Among the symptoms that shows transition to the one (the emptiness or manipulation of norms in force by reason of hegemonic practices) or the other (a New Imperial Order) one can mention the current of opinion that denies that treaties are sources of legal obligations, that consistently rejects their direct effect or that subordinates their direct effect to domestic rules; the exclusion of judicial review of government acts beyond the American territory; the efforts to bring to deadlock the Draft articles on the Responsibility of States for Internationally Wrongful Acts, approved by the ILC; the fact that Congress Acts are put above the UN Charter and the denial that only the UN Charter can legitimate the use of force, with the exception of the right of self-defence; or the affirmation that there is no UN competence to review the US decisions on foreign policy and national security.

The increasing manifestations of legislative and judicial imperialism are also symptomatic: Acts that authorise the use of force abroad to arrest-even to annul if necessary it be-people that are requested by federal justice or that are considered terrorists; the replacement of diplomacy by systematic use of retorsion and (armed) reprisals; the irresistible tendency to replace norms and institutions by non-legal (political) compromises; the invocation of religious freedom to introduce by force a manipulating and reactionary thought etc.

Besides, the US gathers too many noes to multilateral cooperation that their closest European allies have not only supported but sponsored. The US has said no to the Comprehensive Nuclear Test-Ban Treaty, no to the Verification Protocol to The Biological Weapons Convention, no to the Land Mines Convention, no to the Kyoto Protocol; no to the ICC Statute (this is, in addition, a target of their hostile activity) etc. As noted by Zemanek, this may appear to other States as “a manifestation of poor community spirit” with “ominous implications” on the overall process of international law-making and the achievement of the purposes of the regulation.

 

International Law

Why Do Nations Obey International Law?

March 3, 2017

Neither interest nor identity theory fully account for the normative transnational legal process. Participation in the transnational legal process helps constitute the identity of the state is one that obeys the law, but what is critical is the interaction, not the label that purports to identify a state as liberal or not. In part, act as obey international law as a result of repeated interaction with other governmental and non-governmental actors in the international system. Estates violation of law creates inevitable frictions and contradictions that hinder its ongoing participation within a transnational legal process. When a developing nation defaults on the sovereign debt, connectivity impairs its ability to secure new lending. The nation’s leaders may shift over time for a policy violation of international law to one of compliance to avoid such frictions in its continuing relations.

As transnational actors interact, they create patterns of behaviour and generate norms of external conduct which they in turn internalise. Law-abiding states internalise international law by incorporating it into their domestic legal and political structures, executive action, legislation, and judicial decisions which take account of any corporate international norms. Nations also reacts to other states reputations as law-abiding or not. Legal ideologies prevail among domestic decision-makers such that they are affected by perceptions that their actions are unlawful, or that domestic opponents or other nations in the global regime also categorise them. Moreover, domestic decision-making becomes enmeshed with international legal norms, as institutional arrangements with the making and maintenance of an international commitment become entrenched in domestic legal and political processes. It is through this repeated process of interaction and internalisation of international law requires its stickiness as it is known, that nation states acquire their identity, and that nations to find promoting the rule of international law as part of a national self-interest. It is important to understand that although at times international law seems a weak, the reality is that nations use the rhetoric of international law for their own purposes at any particular time to justify their political position.

 

International Law

Understanding Private And Public International Law

January 15, 2017

Private international law is a sector of international law that oversees all legal entanglements that involve foreign law elements. Private international law is also referred to as conflict of laws, as international law usually trumps federal or national laws if there is conflict and the countries in question have signed an agreement to submit to an international ruling.

Private international law determines, if there is a conflict of laws, who has jurisdiction over the specific case and which laws are to be applied by the country that is given jurisdictional rights.

 

This type of law has been practiced by ages, and was first implemented by the Romans, who established a tribunal to reside over cases brought by foreign states that had a conflict of laws with regards to a criminal, etc. the Roman courts might decide to apply the law of one nation over both Roman law and the other nation.

Thus, private international law is largely used to settle disputes between foreign countries; however, awarding a case to one may mean a backlash from the other. Because of this, international rulings often take into consideration the reality of the situation with regards to international law, and may come to a decision that both countries legal factors are okay with.

In contrast to private international law, public international law is not concerned with conflict of laws; it is concerned with the configuration and conduct of states, international organizations and sometimes commercial industry, like a multinational corporation.

 

Also called the ‘law of nations,’ international law deals with the possession of territory, the immunity of the state and its legal responsibility in regards to its conduct with other states. It also deals with the behavior towards citizens and non-citizens within the confines of the state. This includes rights of aliens, groups, refugees, human rights violations, crimes committed internationally, applications and problems concerning nationality, and much more.

International law attempts to maintain good relations and international peace, avoid any armed conflicts where possible, maintain arms control, concerns itself with environmental issues, communications and space technology; in essence, it simply deals with every aspect of law on an international scale, from wars to the environment and everything in between.