Mountain State Attorneys
Headquartered in Salt Lake City, Utah
Serving the Utah Wasatch Front, Utah State & the United States
(801) 770-4323
International Law
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International Law
Mountain State Attorneys (MSA) and its principal and founder have long practiced in the area of international law, most especially in representing and serving the rights of indigenous people. In past decades, this transpired in MSA and its principal serving and representing U.S. Native American tribes, while working for and representing the Navajo Nation Tribe in, and through, representing and working for a “tribally designated organization [or subdivision]” of the Navajo Nation (see 25 U.S.C. § 5304(l); pg. 2 of the PDF, pg. 719 of the legislation).
In more recent decades, and more particularly and especially, MSA and its principal have practiced international law in generally representing the rights and interests of indigenous Hawai’ian people and, more specifically, in representing and working for the Kingdom of Hawai’i, directly for and under the current reigning monarch and King of Hawai’i. This representation and work, of course, originates and stems from the United States’ admitted illegal and unconstitutional overthrow of the Kingdom of Hawai’i, from Queen Lili’uokalani, in 1893. The United States Government directly, fully, and officially declared and admitted its illegal and unconstitutional overthrow of the rightful government and monarch (Queen Lili`uokalani) of Hawai’i–by the U.S. Congress passing and the U.S. President signing into U.S. federal law: Public Law § 103-150. (known and referred to as the U.S. “Apology Resolution”). PL 103-150 was signed into U.S. federal law by President Bill Clinton, on November 23, 1993 (the 100th anniversary of the illegal overthrow of Queen Lili’uokalani and the Hawai’ian Kingdom).
Our firm and principal founding attorney are extraordinarily proud of our many decades of work in international law, and in support of the rights of indigenous people, rightful indigenous governments, and indigenous governmental entities and agencies.
International law is a fascinating and intricate field of legal practice that regulates the relationships and interactions between sovereign nations, international organizations, and, increasingly, individuals. International law’s fundamental objective is to establish a framework for cooperation, order, and justice in a globalized world where borders are frequently permeable and the actions of one nation can have a significant impact on others. This corpus of law is not the result of a single legislative or governing authority; rather, it is influenced by the practices and principles recognized by the international community, as well as customs and judicial decisions. Comprehension of international law necessitates an understanding of its philosophical underpinnings, historical origins, and evolving function in confronting contemporary challenges.
The origins of international law can be traced back to antiquity, when the interactions between early civilizations required the establishment of rules that regulated trade, diplomacy, and conflict. The Code of Hammurabi, the laws of ancient Greece and Rome, and other ancient legal codes offered primitive frameworks for the protection of the rights of envoys and travelers and the resolution of disputes between states. Although these early systems of law were restricted in their scope and application, they established the foundation for the establishment of more formalized regulations that govern international relations.
The principles of international law were significantly influenced by religious doctrine during the Middle Ages. Canon law, which was founded on Christian theology, underscored the significance of just conduct in warfare and the moral obligations of rulers. A growing recognition of universal principles of justice that transcended national boundaries was reflected in the writings of medieval scholars such as Thomas Aquinas and Francisco de Vitoria. The Renaissance and Enlightenment periods saw the emergence of natural law theory as a cornerstone of international legal thought, further developing these concepts. Hugo Grotius, a philosopher who is frequently referred to as the “father of international law,” contended that a body of law that was legally binding on all nations, regardless of their assent, was derived from reason and human nature.
The modern nation-state system began to emerge during the seventeenth and eighteenth centuries, and the philosophical foundations of international law underwent a substantial transformation. The Peace of Westphalia of 1648, which concluded the Thirty Years’ War in Europe, is frequently considered a pivotal moment in the evolution of modern international law. The principles of state sovereignty and non-intervention were established by the treaties negotiated at Westphalia, which affirmed the rights of states to manage their internal affairs without external interference. Even as globalization and the emergence of transnational issues have challenged their traditional boundaries, these principles continue to be fundamental to international law.
The nineteenth century was characterized by the substantial codification and expansion of international law. New rules and agreements were required to regulate the interactions between nations as a result of the expansion of trade, colonization, and technological advancements. Conventions and treaties became more prevalent, addressing matters such as the regulation of international commerce, the laws of the sea, and the treatment of captives of war. The International Committee of the Red Cross was established in 1863, and the Geneva Conventions were adopted in response to a growing dedication to the protection of individuals during armed conflicts and the promotion of humanitarian principles.
The necessity of a more institutionalized and robust system of international law was emphasized by the atrocities of the two World Wars of the twentieth century. An early attempt to establish a framework for collective security and conflict resolution was the League of Nations, which was established following World War I. Despite its inability to avert the onset of World War II, the League prepared the way for the United Nations’ establishment in 1945. The United Nations Charter, which functions as the organization’s foundational treaty, enshrines principles such as the promotion of human rights, the peaceful resolution of disputes, and the prohibition of the use of force. The mechanisms for enforcing international legal norms were further institutionalized by the establishment of specialized agencies, including the International Court of Justice and the International Criminal Court.
International law occupies a distinctive and occasionally contentious position within the domestic legal system from the perspective of the United States. The Supremacy Clause of the U.S. Constitution explicitly acknowledges the significance of international law, designating treaties as the “supreme Law of the Land.” This implies that international agreements that have been ratified in a timely manner are accorded the same legal status as federal statutes and are prioritized over conflicting state laws. Nevertheless, the relationship between U.S. domestic law and international law is not always clear. For example, certain international treaties are deemed “self-executing,” which means that they can be enforced in U.S. courts without the necessity of supplementary implementing legislation. Others necessitate domestic implementation of congressional action.
The U.S. legal system also incorporates customary international law, which is composed of unwritten rules that are derived from the consistent practices of states and a sense of legal obligation. The Supreme Court has acknowledged that customary international law is a component of federal common law, despite the fact that its application is frequently restricted and the subject of debate. Numerous legal and political disputes have arisen as a result of the interaction between international law and U.S. sovereignty, particularly in the realms of environmental regulation, human rights, and the application of military force.
International law is implemented through a combination of political processes and legal obligations. One of the primary sources of international law is treaties and conventions, which are formal agreements between states. These agreements have the potential to address a diverse array of issues, including armament control, environmental protection, and trade and investment. The parties are expected to implement the provisions of a treaty in good faith after it has been negotiated and ratified. Dispute resolution procedures, inspections, and reporting requirements are implemented to ensure compliance.
The development and enforcement of international law are significantly influenced by international organizations. For instance, the United Nations functions as a platform for the negotiation of treaties, the resolution of disputes, and the addressing of global challenges. Regional organizations, including the European Union and the African Union, have also played a role in the development of international legal norms, particularly in the context of economic integration and human rights. Civil society actors and non-governmental organizations have become more influential in the development of international law, advocating for matters such as corporate accountability, gender equality, and climate change.
One of the most difficult aspects of international law is its enforcement. International law functions primarily on the voluntary cooperation of states and the pressure of international public opinion, in contrast to domestic legal systems that are supported by centralized authorities and coercive mechanisms. In order to address violations of international law, sanctions, diplomatic measures, and, in certain instances, the use of force may be implemented; however, these measures frequently rely on the collective will and consensus of the international community. The jurisdiction of the International Court of Justice and other judicial bodies is generally restricted to cases in which the parties have consented to adjudication, despite the fact that they offer avenues for resolving disputes and holding states accountable.
In the past few decades, the scope of international law has substantially expanded, a reflection of the increasing interconnectedness of the world and the emergence of new challenges that transcend national borders. The development of international agreements and institutions to promote sustainable development and safeguard the global commons has been prompted by environmental issues such as pollution, biodiversity loss, and climate change. The emergence of transnational terrorism, cybercrime, and other security threats has compelled the establishment of new legal frameworks to address these issues, as well as increased cooperation and coordination among states.
The recognition of the inherent dignity and worth of every individual has propelled human rights law to become a prominent and dynamic area of international legal practice. A comprehensive set of norms and standards for the preservation of human rights has been established by treaties such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child. Platforms for monitoring compliance and addressing violations are provided by mechanisms such as the United Nations Human Rights Council and regional human rights tribunals. Nevertheless, there are substantial obstacles to assuring accountability and redress for victims of abuse, and the enforcement of human rights law remains uneven.
The philosophical foundations of international law are in a state of perpetual evolution, as they are a reflection of the tensions between competing values and interests. Liberal and constructivist approaches underscore the potential for cooperation and the influence of shared values and identities, whereas realist theories emphasize the role of power and self-interest in influencing international legal norms. The dynamic and contested nature of international law is emphasized by the ongoing debates regarding the legitimacy of humanitarian intervention, the rights of indigenous peoples, and the regulation of emerging technologies.
In summary, international law is a dynamic and essential field that endeavors to reconcile the conflicting demands of sovereignty, justice, and cooperation in a world that is becoming more interconnected. Its principles and practices are elucidated by its historical and philosophical origins, while its contemporary implementations are indicative of the intricate and diverse challenges that the global community is currently confronted with. International law presents distinctive opportunities and challenges from a legal standpoint in the United States, influencing the nation’s approach to global issues and its interactions with the world. International law continues to be a critical instrument for the advancement of human dignity, security, and peace in a world that is marked by interdependence and diversity, despite its imperfections and limitations.
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