Typical Characteristics of International Law in general International law, traditionally understood as the law governing relations between states, using the norms that bind the country concerned, which agreed to voluntarily. Traditionally, international law, understood its existence, based on agreement and consensus that explicitly states otherwise agreed. M. Virally states, international law can also international political law, due to:
1. 1. Aimed at or intended for the benefit of that is essentially political. the interests of the state as a political entity;
2. 2. Formation depends on political will of the state;
3. 3. Embodied by the political organs, the state government, without having to be tested by an independent agency.
Another important feature of international law, no agency or institution that can do the imposition of compliance with existing international norms, although in its development, continues to created a variety of procedures for dispute settlement, if not met or complied with international obligations by a state against another, such as mediation mechanism,inquiry, conciliation, or arbitration. Sometimes, if there is no procedure that is acceptable and can resolve disputes effectively, a country or several countries, unilaterally conduct and use of armed violence.Since its establishment, the UN Charter, the use of armed force unilaterally by the state, it is forbidden to solve almost any problems that occur in the world. Usually done the application of sanctions despite treatment, or the imposition of sanctions also got a great mind. For example, the economic embargo sanctions, against countries that violate international agreements assessed, tnengundang polemic, because instead of the king resulted in a state apparatus, which has committed an offense, but also negative impact on residents or people in the country concerned. For the record, the United States-led military aggression and the countries of supporters, is a traditional form of settlement of 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 the traditional international law. In a forum organized by international organizations attended the state representatives to put forward the legal practices of the countries and can be used as a means of integrating opinion iuris. Such a forum could embody customary international law, even the forum of international organizations can directly shape the rules (treaties) international. By using the forum of international organizations, state representatives, can provide interpretation of treaty law, customary law and legal rules that apply generally. In addition, under an international organization, develops also new forms of international supervision and procedures for the peaceful settlement of disputes, primarily to obtain authority, if it involves independent experts. Act of coercion, in a certain scale, can be made possible by the Security Council, according to the rules contained in Chapter VII of the Charter PBB.Dalam terms, gross violations of human rights conducted by a state, then the Security Council to communicate with the UN human rights bodies may issue a resolution to formInternational Court of Justice, 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 (Human Rights)General international law, just set the state as a subject of international law. International human rights law is different, although the international status of the individual as the subject has not been set perfectly, but international human rights law already recognizes individuals, as subjects of international law.As the subject of international law, individuals, in general, not act independently, because if there is a crime or violation of human rights, tnaka at least the state, placed in the entity responsible for the occurrence of crimes and violations of human rights, or at least, the state dap & rated was negligent in its international obligations to prevent the crimes committed, or otherwise the country where the crime can sue the parties who committed the crime.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 international legal order. The establishment of an international tribunal Nuremberg and Tokyo, has mendudukan individual, as a legal subject who prosecuted for war crimes. Furthermore, the individual in international law of human rights, in its development also can defend their rights directly, initially applicable law Erope society in the European Convention and the Convention applies in Amerika.Individu can defend himself, also known in the international civil service law .Individual recognition 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 to 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 if international law can not be separated with the interests of "politics" of the state. Likewise, the implementation of international procedures can not be separated, from the nature of politics. It can be said, great expectations arise, due to international human rights law has consistently set an 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.System of international human rights law, also has resulted in the emergence of international corporate obligations to act in accordance with the norms and standards of human rights. In this context, it is important to note the latest developments, while the issuance of 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 has been able to conduct oversight of the problem In conclusion, the international law of human rights, it also gives 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.
In particular, the United Nations, and international organizations generally, in its development has changed the nature of the traditional international law. In a forum organized by international organizations attended the state representatives to put forward the legal practices of the countries and can be used as a means of integrating opinion iuris. Such a forum could embody customary international law, even the forum of international organizations can directly shape the rules (treaties) international. By using the forum of international organizations, state representatives, can provide interpretation of treaty law, customary law and legal rules that apply generally. In addition, under an international organization, develops also new forms of international supervision and procedures for the peaceful settlement of disputes, primarily to obtain authority, if it involves independent experts. Act of coercion, in a certain scale, can be made possible by the Security Council, according to the rules contained in Chapter VII of the Charter PBB.Dalam terms, gross violations of human rights conducted by a state, then the Security Council to communicate with the UN human rights bodies may issue a resolution to formInternational Court of Justice, 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 (Human Rights)General international law, just set the state as a subject of international law. International human rights law is different, although the international status of the individual as the subject has not been set perfectly, but international human rights law already recognizes individuals, as subjects of international law.As the subject of international law, individuals, in general, not act independently, because if there is a crime or violation of human rights, tnaka at least the state, placed in the entity responsible for the occurrence of crimes and violations of human rights, or at least, the state dap & rated was negligent in its international obligations to prevent the crimes committed, or otherwise the country where the crime can sue the parties who committed the crime.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 international legal order. The establishment of an international tribunal Nuremberg and Tokyo, has mendudukan individual, as a legal subject who prosecuted for war crimes. Furthermore, the individual in international law of human rights, in its development also can defend their rights directly, initially applicable law Erope society in the European Convention and the Convention applies in Amerika.Individu can defend himself, also known in the international civil service law .Individual recognition 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 to 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 if international law can not be separated with the interests of "politics" of the state. Likewise, the implementation of international procedures can not be separated, from the nature of politics. It can be said, great expectations arise, due to international human rights law has consistently set an 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.System of international human rights law, also has resulted in the emergence of international corporate obligations to act in accordance with the norms and standards of human rights. In this context, it is important to note the latest developments, while the issuance of 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 has been able to conduct oversight of the problem In conclusion, the international law of human rights, it also gives 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.
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