The Law

Typical Characteristics of International Law in generalInternational law, traditionally understood as the law governing relations between countries, using the norms that bind the country concerned, who agreed to volunteer. Traditionally, international law, to understand its existence, based on agreement and consensus that explicitly stated the countries that agree. M. Virally states, international law can also law of international politics, because:1. aimed at or intended for the interest that is essentially political. the interests of the state as a political entity;2. formation depends on the willingness of state politics;3. embodied by the political organs, the state government, without having been tested by an independent agency.
Another important feature of international law, no agency or institution that can perform forced compliance with existing international norms, although in its development, continue to be created of various procedures for the settlement of disputes, if not met or complied with international obligations by a state against other states, such as mediation mechanism, inquiry, conciliation, or arbitration. Sometimes, if there is no acceptable procedure and to resolve disputes effectively, a country or several countries, unilateral conduct and use of armed violence.
Since its establishment, the UN Charter, unilateral use of armed violence by the state, are prohibited to solve almost all problems occurring in the world. Usually done the application of sanctions even though the treatment or the imposition of sanctions also have a big objection. For example, the economic embargo sanctions, against countries that violate international treaties assessed, tnengundang polemic, because it is not the king lead to state officials, who have committed offenses, but also have a negative impact on the population or the peoples in the countries concerned. For the record, the United States-led military aggression and its supporting countries, is a traditional form of solving world problems, which are prohibited by the Charter.
In particular, the United Nations, and international organizations generally, in its development has changed the nature of traditional international law. In a forum organized by international organizations, who attended the state representatives to put forward the legal practices of states and can be used as a means of integration of opinion iuris. Forums of this kind can create customary international law, even the forums of international organizations can directly form the legislation (treaty) international. By using the forum of international organizations, state representatives, to provide interpretation of treaty law, customary law and the rules of common law. In addition, under an international organization, also develops new forms of international supervision and procedures for the peaceful settlement of disputes, mainly to obtain authority, if it involves independent experts. Act of coercion, in particular scale, made possible by the Security Council, according to the rules contained in Chapter VII of the Charter PBB.Dalam things, gross violation of human rights by a state, then the Security Council to communicate with the UN human rights agencies to issue a resolution to form The International Court, such as the International Tribunal for the Former Yugoslavia and International Tribunal for Rwanda.
Typical Characteristics of International Law for the Protection of Human Rights (HAM)General international law, only set the state as a subject of international law. International law of human rights differ, although the status of the individual as an international subject has not been set perfectly, but international human rights law already recognizes individuals, as subjects of international law.
As a subject of international law, an individual, is generally not act independently, because if there is crime or violation of human rights, tnaka country at least, is placed within the entity responsible for the occurrence of crimes and human rights abuses, or at least, state dap & assessed was negligent in its international obligations to prevent crimes that occurred, or otherwise state the scene of the crime to prosecute those who commit crimes.
The development of international law, especially after World War 1, has conferred the status of the individual as an independent subject of international law in the governance of international law. Establishment of an international tribunal Nuremberg and Tokyo, has put your individual, as a legal subject who prosecuted for war crimes he did. Furthermore, the individual in international law of human rights, in its development also can defend their rights directly, initially accepted by the law society Erope in the European Convention and the Convention applies in Amerika.Individu to defend himself, also known in the international civil service law .
Recognition of individuals in international law of human rights, are also included in Article 14 of the Convention on the Elimination of Racial Discrimination, and the Optional Protocol to the International Covenant on Civil and Political Rights, which gives the right of petition or complaint procedure for individuals. Similarly, the right of workers to submit complaints set out in ILO conventions.
These developments are developments that give hope, even though international law can not be separated with the interests of "political" state. Similarly, the application of international procedures can not be separated, from the nature of politics. It can be said, great expectations arise, due to the international law of human rights has consistently set the international obligation for all countries to promote, respect, protect, fulfill, facilitate and provide civil rights, political rights, economic rights, social rights and cultural rights of every person and groups.
The system of international human rights law, has also resulted in the emergence of international corporations obligation to act in accordance with the norms and standards of human rights. In this context, it is important to note the latest developments, while issuing a resolution, adopted on August 13, 2003, which states the corporation trans / multinational corporations (TNCs / MNCs) need to be bound by international human rights law. However, this mechanism is still far from perfect, because the Sub-Commission can not perform the oversight function to the problem In conclusion, the international law of human rights, also gave great attention to non-governmental organizations (non-governmental Organisation) to take an active and involved in promotion and protection of human rights in the world. United Nations, can provide consultative status (consultative status) to non-governmental organizations, to engage in international forums that discuss issues and problems of human rights.