Question 1 The distinguishing feature of modern day realism is its utilization ofthe power notion toclarify the course of international politics. Realism associatesinternational law with power so far as international law is considered the greatest tool.
Nevertheless,international law and power are often compared. A realist standpoint considersinternational law to have no importance in its own right and thus, looks to determinewhy States obey international law. The realist depiction of international lawis incapable of accounting for occasions when influential States demonstratedeference to international law although doing so seems to be conflicting totheir interests. To overcome the shortcomings of the modern realist interpretation,new concepts description must clearly deal with the relationship ofinternational law to wider structures of power. Idealism standpoint for enhancingthe course of international law is through eradicating combat, starvation, disparity,oppression, force, suppression and viciousness from international relations. Itput so much trust in international law. To eliminate these vices is theobjective before humankind.
Idealism acknowledges the likelihood of creating aworld free from these immoralities by relying on reason, science and education.Politicalidealism in international relations signifies a collection of notions whichtogether resist war and supports the modification of international communitythrough dependence upon ethical principles and the improvement of internationalorganisations and international law. The Idealist method supports ethics as themeans for safeguarding the anticipated objective of making the world an ideal one.It trusts that by ensuing morality and ethical principles in their dealings,nations would not only protect their own advancement, but would also help theworld to eradicate war, disparity, autocracy, domination, viciousness, andforce.
Due to these issues concerning morality, Idealism tries to promote the importanceof improving relationships between nations by eradicating the evils present inthe international environment. Question 2 Giventhe State’s role in international law, it would obviously appear that a reasonablemeaning of a State exists in international law, in order to figure out whichentity may be viewed as one. The development of the State is connected to theability to exercise control over a characterized territory. This was at onepoint reflected though the rule of cuius region, euius religio and becameessential with the risen specialized abilities of border demarcation, the risencentralization of power within the State and the rise of nationalism. Due tothe strategic, economic and symbolic significance of territory, it is actuallynot surprising that in the modern era many territorial controversies and disagreementover border demarcation still exist.
However, the presence of this disputes isnot a hindrance to gaining statehood in international law. Israel for instance,was accepted to the United Nations although it had disagreements with the ArabStates. A permanent population is another vital characteristic for states. Nospecification in regard to the size of population is required. Also, internationallaw sets no requirements towards population. It does not choose which individualbelongs to a State.
States are allowed to decide who they grant nationality to.The final characteristic for state is the presence of a government able toemploy independent and potent control over the population and the territory. Thesignificance that is ascribed to the principle of independence and efficiencyis logical considering the predominantly decentralized nature of internationallaw.
Because international law lacks a vital executive body, with the authorityto implement compliance with international obligations, this must often beguaranteed by the States themselves. A State must be able to exercise its power withinits borders. This tells us that although states are considered in studying internationallaw, it is hardly affected.