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Nisaidieni maswali haya

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by KOKUTONA, May 20, 2011.

  1. KOKUTONA

    KOKUTONA JF-Expert Member

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    May 20, 2011
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    Naombeni mnisaidie maswali haya.
    1. If the International Court of Justice could not find solution in one source to settle a dispute between two nations it has to refer to another? Explain in details
    2. Some jurists say International Law is not true law. Explain.
    Nipeni point wanaforumnatakiwa kukusanya jtatu.
     
  2. Mr Rocky

    Mr Rocky JF-Expert Member

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    may be nikupe ufafanuzi tuu kidogo wa swali la pili japo sio mrefu

    As I undertand it, there is actually no such thing as true international law because each country has 'sovereignity' (which means they can do anything they damn well want inside their borders) and therefore gets to decide whether it wants to implement and enforce 'international law'. So international law is only international law in the truest sense when all the countries in the world enact them into their own national law and enforce this law.


     
  3. Mr Rocky

    Mr Rocky JF-Expert Member

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    IL as be define as the common practice of nations and believe by states as binding on them if they didn't oppose to the customary international law. Even if they are not a party to the convention, and majority of the nation has been practicing it's a common IL binding on all nation. IL is law and it's binding on states which didn't object or if they are not "persistent objector"

    Another View: There are some TRUE international laws recognized by virtually all nations (e.g.: Maritime Law - International Diplomatic Immunity - etc). But the true practice of so-called "International Law" as a body of all-encompassing laws that will control the activities of all nations under one umbrella enforcement agency and one single court of judgement is a THEORY. (mostly propounded and supported by "Progressives" and supporters of the "One-World" movement
     
  4. Mr Rocky

    Mr Rocky JF-Expert Member

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    From my point here in above International Law inakuwa Law kwenye certain country pale inapoingizwa katika sheria za nchi husika. IL haiwezi kuwa law kwa upande wa nchi yako kama haijapitishwa na kukubaliwa na local parliament la nchi yako na kuwa miongoni mwa sheria za nchi yako. Kwa mfano hapa Tanzania Sheria ya Ugaidi au sheria ya haki za Binadamu (Universal Declaration of Human Right) haikuwa sheria kwa Tanzania toka ilipokubaliwa na UN miaka hiyo mpaka ilipokuja kuingizwa kwenye katiba ya Jamhuri ya Muungano wa Tanzania mika ya Themanini.
     
  5. KOKUTONA

    KOKUTONA JF-Expert Member

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    Thank you very much Mr Rocky
     
  6. Mr Rocky

    Mr Rocky JF-Expert Member

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    Karibu japo ufafanuzi sio mkubwa sana
     
  7. A

    ADVOCATE NEWBOL Member

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    May 22, 2011
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    International law is a mechanism through which a super powe, now USA, controls and dictate her wishes and aspirations on hivi vitaifa vidogovidogo such as TZ through 'the beggar president'.............
     
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