The effect of domestic law in international courts and tribunals Essay

The effect of domestic law in international courts and tribunals - Essay Example The paper tells that the international court is to apply â€Å"judicial decisions and teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law†. The development of law with regards to the consultation with domestic law is ambiguous and an extent cannot be declared as such. However various pleadings brought before the ICJ are replete with myriad references to legal literature and case laws. In this regards it is noteworthy that the proceedings of international courts and tribunals are often replete with judicial decisions as well as juristic writings. These are discussed below in greater detail as per their influence on the proceedings of international courts and tribunals. During the proceedings of international courts and tribunals, the decisions of international courts and municipal courts as well as publications of academics can be referred to. These references are not as sources of law but rather as means to recognise various laws established through other sources. The actual practice of the ICJ is not to refer to domestic decisions but even then the ICJ does invoke its own previous case laws. International law does not recognise the rule of stare decisis. The decision of any international court or tribunal has no binding force of any kind except that recognised by the contesting parties. Such recognition is only valid for the particular case under consideration as per Article 59 of the statute of the ICJ. ... teachings of the most highly qualified publicists of the various nations† serve as beacons for â€Å"subsidiary means for the determination of the rules of law†. Although the works of various prominent jurists are not considered as source of international law but they are considered indispensable to developing rules that are sourced from custom, treaties as well as general principles of law even those derived from the decisions of domestic courts. Such principles are accepted practice for the interpretation of international law in various cases. One such case that was utilised by an international court was the decision by the United States Supreme Court in the Paquete Habana case (175 US (1900) 677 at 700-1). 2. Conclusion Conclusively it can be said that the decisions of domestic courts are considered by international courts and tribunals but this practice is limited when compared to other sources of international law. The varying legal principles in use by different na tions restrict the use of decisions made by domestic courts in international law. â€Å"Does the Court need to consider in order for a rule to be established as customary, if there must be absolute conformity and practice with the rule or is it enough that there is a general consistency†. Do you agree with this statement? 1. Introduction When international law is considered it must be kept in mind that rules can be established as customary even if there is only general consistency with the rule and not absolute conformity. It must also be noted that absolute conformity is not possible when considering international law because states hold their interests supreme. Moreover nations cannot be forced to accept decisions taken under international law and instead international law is practiced through wilful

The 4 functions of management within the Department of Defense Assignment

The 4 functions of management within the Department of Defense - Assignment Example The three steps of planning involves setting out the goals which the organization plans to achieve , creating a plan for achieving these goals .Once the plan has been made the last function of planning is to decide how the limited resources need to be allocated in order to achieve the plan. (Richard L. Daft, 2010) The DoD is very complex in the terms of organizational structure. The planning for DoD is done at the top level of the country. The President along with the secretary of defense and the national security council determines the security needs of the country or in other word we can say that they set the goals which are to be achieved by DoD. Once the goals have to be set the plan for the execution of these goals is made by the commander in chief in consultation with senior military and intelligence officials. The allocation of resources in DoD is done by the U.S congress which controls the budget for the various plans. Various committees of both the houses examine the goals w hich have to be achieved and allocate the resources accordingly. Organizing Organizing means creating working relationships between the members of the organization to facilitate better working conditions which leads to achievement of goals. An organization structure is the outcome of this organizing activity. (Flamholtz, 1996) The structures are made to breakdown the goals into different components and assign it to individuals who can complete them. The organizational structure of the DoD is shown in the figure below – Apart from this broad level organizational structure presented above there are various agencies and departments which function under the defense secretary. (Kinnard, 1980) Leading Leading is very vital part in management. The leader determines direction, in which the employees have to move, helps them understand the roles that have to be played by them and motivates them to achieve their goals. Leader uses his power, influence and vision in order to motivate hi s employees and make them dedicated in achieving the goals that have been set. The goals made in the planning stage will never be realized without proper leaders. In DoD the functions of leader are performed by various persons. Leading is done at the top by the president who tries to motivate the nation and the whole department of defense on the general level as to why a particular war is necessary. He along with the joint chief of staff’s can motivate the soldiers only on a very broad level; the various officers who are in charge of the field units have to perform the function of leading at the ground level. They have to motivate the soldiers in their command to achieve the goals. Leading is the most complex function in DoD as it is entirely different from corporate leadership. Leadership in DoD means motivating your employees to even lay down their lives for the nation. That is why officers are trained thoroughly in order to inculcate leadership values in them. These values are very essential to win wars and to achieve the overall goals of the DoD. Controlling Controlling means evaluation. This evaluation may be mid-term or after a particular time period has elapsed. Controlling defines how well the organization is doing, how far it is from achieving the goals which have been set; any changes in the goals or resources needed to achieve the goals. Sometimes even the goals might be changed midway if they are considered to be too easy to achieve or very