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Question 32 — World Order (25 marks) (a) To what extent do courts and tribunals promote and maintain world order? OR (b) 'Legal measures often fail to respond to change.' Assess this statement with reference to resolving conflict between nation states. - HSC - SSCE Legal Studies - Question 32 - 2021 - Paper 1
Question 32
Question 32 — World Order (25 marks) (a) To what extent do courts and tribunals promote and maintain world order? OR (b) 'Legal measures often fail to respond... show full transcript
Worked Solution & Example Answer:Question 32 — World Order (25 marks) (a) To what extent do courts and tribunals promote and maintain world order? OR (b) 'Legal measures often fail to respond to change.' Assess this statement with reference to resolving conflict between nation states. - HSC - SSCE Legal Studies - Question 32 - 2021 - Paper 1
Step 1
To what extent do courts and tribunals promote and maintain world order?
Answer
Courts and tribunals play a pivotal role in promoting and maintaining world order through their ability to enforce international law and settle disputes between states.
1. Enforcement of International Law
Courts such as the International Court of Justice (ICJ) contribute to world order by providing legal mechanisms for states to resolve conflicts peacefully. By adjudicating disputes based on established international laws, they deter potential aggressors and provide a framework for lawful behavior.
2. Promoting Peaceful Resolution
They promote a culture of adherence to legal norms, thereby reinforcing the legitimacy of international law. The decisions by international tribunals often include recommendations for negotiation and mediation, which encourage states to resolve their differences without resorting to force.
3. Case Examples
Examples include the ICJ's rulings on territorial disputes that have led to peaceful settlements. The ruling in the case of Costa Rica v. Nicaragua (2015) demonstrated how judicial decisions can lead to diplomatic resolutions and enhanced stability within regions.
4. Limitations
However, courts and tribunals also face challenges, such as non-compliance by states that refuse to accept rulings. The lack of enforcement mechanisms means that while they promote world order, their effectiveness is often contingent on the willingness of states to comply with legal determinations.
Step 2
'Legal measures often fail to respond to change.' Assess this statement with reference to resolving conflict between nation states.
Answer
The assertion that 'legal measures often fail to respond to change' highlights the complexities and limitations of legal frameworks in the dynamic realm of international relations.
1. Inflexibility of Legal Frameworks
Legal measures can be slow to adapt to emergent issues such as cyber warfare or climate change, which present new types of conflicts that traditional legal instruments are ill-equipped to handle. For instance, existing treaties may not effectively address the intricacies of global cyber threats.
2. Case Study of Changing Norms
The evolving nature of warfare, especially with non-state actors, challenges existing legal frameworks. The Nuremberg Trials established legal precedents for war crimes, yet the rise of modern asymmetric warfare complicates enforcement of these measures due to the difficulties in attributing responsibility.
3. Need for Reform
There is a critical need for legal measures to be continuously reassessed and reformed to address changing global dynamics. Institutions must evolve to integrate contemporary issues into the existing legal framework, ensuring that they remain relevant and effective in conflict resolution.
4. Conclusion
Ultimately, while legal measures are fundamental to resolving state conflicts, their limitations in rapidly changing environments necessitate ongoing reform and adaptation to maintain their effectiveness.