Friday, November 1, 2019
Relationship between the international law and Sultanate of Oman's Essay
Relationship between the international law and Sultanate of Oman's municipal law - Essay Example Oman has a history of using the Sharia law that is given the priority as the basis of legislation and customary obligations in this society. Although the Omanââ¬â¢s Sultanate law has attempted to harmonize their laws to conform to the international laws, the country is depicted as a violator of the general law to which all nations are subject to. This has had an impact on Oman in that it has had a challenge in coping with other nations and the international law as a whole. This law system has garnered a wide range of interest from scholars intending to identify that this system of law has with the international law. The international law provides a framework for stable and well-grounded international relations between states and nations. These laws are consent based and states are not obliged to adhere to these laws unless they have opted to be bound by specific international legal clauses. Member countries that are abound by this law are also subjects of the International tribuna ls such as the international criminal court. International laws can be sourced either from treaties or customs in a nation that are generally accepted as basic in the world. Treaties constitute agreements between nations that decide to conduct their operations across their boundaries. On the other hand, customary laws, that form part of the international customary law, are developed from some internationally acceptable standards within countries (Beckman and Butte, 2012). They are sourced from the customs of the people in various nations. Unlike the other international laws, the international customary laws bind every state and they generally used in solution of crisis that seems to negate the standards laws that apply in all states. Sultanate Oman is an Arabian state located in the southern part of western Asia bordered by the United Arab Emirates. The legal system of this kingship is governed by the Sharia or Muslim laws that are often applied in the Sharia Law courts, the justice 's chambers. The customary law of Sultanate Oman was developed to regulate the human behavior in matters of inheritance, land ownership, marriages, social conflicts and cultural matters. Although the legal system is evident, the country allows some cultural issues to be handled in the traditional methods where a jury if formed by elders to mediate on specific matters of the community. Most customary laws and regulations are not documented and their application is personalized and their application is often personalized (OmaniLaw, 2013). The undocumented laws have raised questions about whether the Sultan Oman is a free state with a well-developed government system. The international law conflicts with the Sultane Oman customary Law on various grounds. One the of point where the two legal systems drift is the application of human rights that is subject to the Omanââ¬â¢s customary laws. The provisions of the international are that all members be from the Free states and such as a s tate must have a fully developed system and be regarded as a state by other states. Consequently, there is a general notion that Oman is a state that is not tied to the international law. However, the international customary law has all states as subjects and human rights is part of the core concern of the international customary law. One issue that has raised alarm in Oman as a country that pays less
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.