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INTERNATIONAL RELATIONS AND THE NEEDS OF
INTERNATIONAL LAW
INTRODUCTION
Society is a group of people that involved and interacted in a daily activity,
people interacts each other in many kind of relationship. Relationship between the
people is a common thing to do as a human. People in the society do a relationship in
all aspects of human life, social, economy and culture. The relationship and activity
between the people naturally formulated several norms and rules in the society, to
distinguish which is the proper conduct. Norms and rules recognized as the standard
of life for the people living in certain society.
Society In the smallest context is a relationship between humans and in the
biggest context is between states called international society. Similar to human, it will
be difficult for one state if the state did not interact and make a relationship with the
other state. The relationship between states can provide a benefit to each state to
fulfill their internal and external needs. Relationship between one state with the other
state called international relations.
International relations needed to meet the necessities of life and the existence
of a state in international society, in addition to the creation of peace and well-being
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that is the desire of every man and nation in the world. Every country has certain
advantages, disadvantages and different interests. These are the things that encourage
international relations and cooperation.
International relations in the world based on mutual respect and mutual
benefit. International relations, among others, aims to:
a. Stimulate the economic growth in each country.
b. Create mutual understanding among nations in the developing world and establish
peace.
c. Creating social justice and prosperity for all people.
A relationship between states will be going well when there are guidelines
that serve as a stepping stone. International guidelines, must be complied with by the
parties entered into a relationship, both written and unwritten, the guidelines
commonly known as international law.
The position of International law in international relations is as the system of
law regulating the interrelationship of sovereign states and their rights and duties with
regard to one another. International law as the instrument in international relations
provides rules and principles of general application dealing with the conduct of
nations and of international organizations and with their relations. The international
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law as the norms and rules of international relations is based on the international
customs and treaties that considered as the two most important sources of it.
1
Relationship between states in the international society created the customs
and related states agreed to sign treaties as the formulation of customs to become the
standard regulations in the international society. International law almost covered
everything related to the activity of state. There are international rules about the sea,
airspace, telecommunication, finance, trade, nationality, human rights, using of armed
force, environment and national security2
International law as the existed regulation in international relations kept the
stability of international society that consists of many states. Even if international law
categorized as a weak law, international law recognized by international society
because there are several factors, namely;
a. Needs and the interest for the legal certainty in performing internationalrelations
b. Big consequences politically and economically to break the internationallaw, namely; lost of trust, exiled in international relations and the waving
of membership in one international organization.
c. Sanctions by the other states, international organization and internationalcourt
1 Henry Campbell Black M. A.,Blacks LawDictionary, St.Paul, Minnesota: West Publishing Co.
pages. Pages.5652 Martin Dixon, Textbook on International Law,Blackstone Press Limited, fourt edition 2000. Pages.3
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d. Psychological factor aware of condemnation by the other parties forviolation of international law.
3
International law is categorized as a weak law because the lack of institutions
to enforce the international law. Beside the weakness, international law has already
become the main guidelines for many states in maintaining relationship. International
law is weak but in the other side is strong when realize the impact if one state do a
violation to the international law.
CASE DESCRIPTION
The Democratic Peoples Republic of Korea or commonly known as North
Korea is one of the examples for the state who has already involved in high-tensioned
international relations. North Korea has a high-tensioned relationship with South
Korea, Japan, USA and some European countries. Beside the high-tensioned
relations, North Korea also has a friendly relationship with China and USSR.
Good relationship of North Korea with China and USSR has already proven
to be a good decision in the Korean War when North Koreas armed forces cannot
match the armed forces of USA and South Korea, the China as the closest friend sent
3Sefriani, Suatu Pengantar Hukum International, Rajawali Pers PT.Raja Grafindo Persada, Jakarta,
2010. Pages:15
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a large scale of army to help the North Korean, while the USSR provide the North
Korean army with military equipments.
After the Korean War, North Korea often caused a diplomatic problem with
the neighbor state South Korea. The North Koreas nuclear activities terrorized South
Korea and international society condemns the misconduct of North Korean
government. International society condemns and calls for a sanctions because of the
nuclear activity by the North Korean that threatened the peace.
United Nations Security Council as the body of United Nations for peace and
security in international security has already passed several resolutions to give a
sanction for North Korean government and the several states also give an economic
sanction because of the misconduct of the North Korean government.
ANALYSIS
The case gives a clear explanation about the benefit of international relations.
North Korea as a state with limited international relations can survive from the
external threats because of the friendly relationship with China and USSR. That is
proved that one state will be fragile without any international relations.
The other side, international law as explained before is a custom of
international relations if one state does misconduct that caused threats; the
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international society will give a punishment directly or through one international
organization.
Even China and USSR/Russia as the main member in United Nations Security
Council, China and USSR/Russia cannot save North Korea from the sanctions. China
and USSR/Russia as the big state with a large relationship with the other states, is
they vetoed the sanctions by UNSC means they also will be condemned by the
international society.
North Korea as a state with sovereignty has a rights to develop their nuclear
technology, but North Korea also has an obligations to respect the other states rights.
Sovereignty is not only a rights but also responsibility to respect the other states, one
state should responsible and compensate for every misconduct to the other state.4
4Ibid. Pages:266
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CONCLUSION
International relations and international law is one unity to make sure the
stability of international society. International relations between states create a
customs, customs formulated into treaties that recognized by the international society
as the main guidelines in maintaining international relationship between states.
The international law formulated and agreed by the existing states to maintain
a good relationship, stability and peaceful in international society. Misconduct or
violation to the international law will caused a bad impact for the state that violate it,
even there are no clear institution to give a punishment.
Maintaining international relations is necessary for one state, because state
will be troubled without international relations. Even the relationship is limited it will
give a huge impact to one state in a certain situation and condition.
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TABBLE OF REFERENCE
Henry Campbell Black,Blacks Law DictionaryAbridged Sixth Edition, St.Paul,
Minnesota: West Publishing Co, Minnesota, 1991.
Jawahir Thontowi and Pranoto Iskandar. Hukum Internasional Kontemporer, Refika
Aditama, Bandung. 2006
Sefriani.Hukum Internasional Suatu Pengantar, Rajawali Pers, Jakarta. 2012
http://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destruction#North
_Korea.C2.A0.E2.80.93_United_States_relations
http://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destruction#North_Korea.C2.A0.E2.80.93_United_States_relationshttp://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destruction#North_Korea.C2.A0.E2.80.93_United_States_relationshttp://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destruction#North_Korea.C2.A0.E2.80.93_United_States_relationshttp://en.wikipedia.org/wiki/North_Korea_and_weapons_of_mass_destruction#North_Korea.C2.A0.E2.80.93_United_States_relations