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International Law 1

International Law

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International Law 2

International Law

Part A: The Negotiation of Multilateral Treaties

Negotiations on a multilateral treaty involving sovereign states require the input of every

state regarding consent and legal commitment, as controlled by international law. The members

are expected to extend similar treatment to each other, except to the degree that they reserved the

same (Morgenthau, & Thompson, 1993). In essence, every country is expected to comply or face

the legal or other actions as stated by the international statutes. The international law provides a

stable environment for their interaction and breaching this law disrupts the balance needed to

keep the treaty in function and is heavily dependent on politics. Political scholars have used

fields of idealism and realism express ideas about the international law. Realists argue that

morality may be used as a screen for self-interest, but not that important to the functioning of the

international political system. Idealism suggests to us that there is a standard of good, an absolute

good, that exists and cannot be ignored. Idealists often argue that everyone’s fate is intertwined

and that the fate of the international system depends on the recognition of this fact. I think a

combination of realism and idealism would generate contrasting issues, but which are important.

In multilateral treaties balance is sort to maximize participation through ensuring

representation of each member state. The balance in participation is achieved through

commitment of States to give equal opportunities and representations of the members. That way

each state has a chance to participate fully in the functionalities of the international treaties.

However, in some cases reservation is deemed necessary. The reservations should be

taken when a state finds it the circumstances unfavorable and takes exception of one or more of

the provisions within a multilateral treaty, which may alter the rights obligations of that state.

International Law 3

These help a state survive complicated multilateral negotiations without creating a clash among

member states.

Part B: Defining the Term Jus Cogens

Jus Cogens refers to particular fundamental overriding principles of international law, in

which derogatory powers are permitted. It is also referred to as a peremptory norm and it

originates from a Latin word that implies “Law.” Any state cannot violate Jus Cogens through

the signing of international understandings with a differing goals and intentions. The term bares

close similarities to the international understanding as it understood from the context of world

politics and governance. Therefore, any treaty conflicting with a peremptory norm is regarded as

void. The role of Jus Cogens is vital for the wellbeing of treaty signatories as it includes the

prohibition of genocide, war, slavery and or territorial aggrandizement. An example is the case

of thucydides' Peloponnesian War that happened 2000 years ago. Athens, during the War, was

the peak of Greek civilization. That development was the origin of Western civilization

particularly in the knowledge of philosophy, art, poetry, and most importantly the world politics.

In essence, the term illuminates the origins of human kind, and in particular, the origin of

political leadership as understood in the current world. The Peloponnesian War talks about the

relationship between morality and power politics, which in turn clarifies the role of law in

international politics realism and idealism. In essence, through examining some context of the

world politics it is evident that there is the need for the international laws among states.

International Law 4

References

Morgenthau, H.J., & Thompson, K.W. (1993). Politics among nations: The struggle for power

and peace. New York: McGraw-Hill.

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