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Public International Law

 

The establishment of the "International Court of Justice (ICJ) and the International Criminal Court (ICC) to deal with human rights and humanitarian law9, and other judicial and quasi-judicial bodies ensures the peaceful settlement of disputes between sovereign states"10. This concept of peaceful settlement covers a considerable variety of processes and outcomes. For example, settlement according to law resulting from judicial decision or arbitration; settlement involving negotiations between States and political compromise; pre-ordained settlements; and multilateral settlements implemented with the lawful authority of the international community.11 Therefore, in this essay we will be looking at the international rule of law and the international community and we will also discuss the international rule of law together with the 'Israel and Palestine dispute' as a case study.
             INTERNATIONAL RULE OF LAW AND THE INTERNATIONAL COMMUNITY.
             Through the principle of 'sovereign equality of states' it can be noted that the theory of 'rule of law' does exist in international law as well.12 In Article 2 Paragraph 1 of the United Nations Charter, it is proclaimed "The Organisation is based on the Principle of Sovereign Equality of all its members."13 The principle of sovereign equality is a fundamental rule that regulates the conduct of states in the international community. At the San Francisco Conference of 1945, Zeineddine of Syria described that the concept of sovereign equality of States include the principles that; firstly, the States are juridically equal; that each State enjoys the right inherent in full sovereignty; that the personality of the State is respected, as well as its territorial integrity; and finally that the State should, under international order, comply faithfully with its international duties and obligations.14Furthermore, the principle of sovereign equality of States has also been described as including the elements of juridical equality of States, the enjoyment by States of the rights inherent in full sovereignty, the duty of States to respect the personality of other States, the inviolability of .


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