Essay on "International Law & Foregn Policy in Zimbabwe"

Essay 9 pages (2764 words) Sources: 8 November 17, 2021

[EXCERPT] . . . .

International Law in Zimbabwe

A country’s foreign policy may be characterized as a collection of aims that strive to explain how that country will interact with other nations and, to a minor extent, non-state entities on an official level to pursue its country’s economic and social-political, and cultural interests. A country must examine and analyze a wide range of other countries to get the most out of its interactions and encourage or impact a transformation in some other state’s attitudes, policies, or conduct to accomplish beneficial objectives (Affairs, 2020). Political, economic, military, and social considerations, to name a few, might all play a role (Admire, 2019). The desire or duty to nurture and preserve its country’s interests, national defense, sovereignty, independence, intellectual ideals, and economic success drives the formation and execution of international policy.

The foreign policy objectives of Zimbabwe are to safeguard the Government’s integrity and sovereignty and its reputation and appearance(Affairs, 2020). They also include the endeavor of policies to improve the living standard for all Zimbabweans, regardless of status, and the establishment and development of an international atmosphere conducive to these goals. Zimbabwe has steered in the formation as well as the insistence of these goals by its presumption in autonomy and assistance for freedom struggle; ability to adhere to the principle of state supremacy; dignity for all nations’ territorial sovereignty; advancement of the concept of equality by many countries; conviction in non-discrimination, regardless of if it is instituted on color, religion, dogma, or other structures; and advancement of quiet dispute resolution and non-disturbance in international affairs. In basic terminology, Zimbabwe’s international policy, like any other nation, is an outgrowth of its domestic issues because the paramount country’s interest drives the notion of sovereignty(Admire, 2019). Zimbabwe’s international relations are thus built on the essential ideas of national defense, its economic health, and an international reputation that surpasses the picture of the current Government(Affairs, 2020). In the light of these policies, this, therefore, presents the outline of various tiers of the Zimbabwe government and their responsibilities in the context of domestic and international laws. Also, it will present the involvement of the NGOs and their effect on the running of tiers state and the effect on collective national defense and state security(Affairs, 2020).

Outline of the Various Tiers of Zimbabwe Government

Zimbabwe has a general lack of agreement on the problematic status of decentralization of control and its contribution. While the argument over Zimbabwe’s transfer of power has raged on for several years, newfound curiosity in the new country has emerged. The shift in leadership in Zimbabwe in late 2017 has likewise generated a lot of criticism since circumstances following the founder leader’s resignation, previous President Robert Gabriel Mugabe, have indeed been problematic. Because of these conditions, some people see the new administration as a revolutionary government, whereas others see it as a continuous republic with a new head(Mukoyi, 2020).

Devolution transfers sovereignty from national to local authorities and the jurisdiction and capacity to make political and socio-economic choices to local governments, forming the Zimbabwe government’s tiers. As a result of these interpretations, a decentralization system is one in which the national government authorities for selection, management, finance, and provision of services to semi-local authorities that vote into office their municipalities, elevate their revenues, and have independent judicial power(Mukoyi, 2020).

The legal structure connected with Zimbabwe’s new draft constitution, enacted in 2013, could be connected to the transfer of authority. In Segment 264 of the Zimbabwe Constitutional Revision (No. 20) Act 2013, the foundation for decentralizing governmental authorities and duties is laid out, with tiers of Government specified in Section 5 of the Zimbabwe Constitution. Section 1 delegated governmental responsibilities and duties to province and metropolitan councils and municipal governments(Dzowowa, 2016). As prescribed under Section 5 of the Zimbabwean Constitution, the organizational architecture for decentralization primarily incorporates the three tiers of Government: the national Government, province and metropolitan councils, and local officials. The national Government will be responsible for setting the country’s socio-economic policies and disbursing necessary funding to the subordinate tiers of Government(Mukoyi, 2020).

The Province and Metropolitan Councils are required under Segment 270 (1) of the Constitution to work on social and economic development in their respective territories. An expenditure of at least 5% of nationwide revenues produced in any financial year shall be distributed to the province and local officials as their portion in that financial year, according to Segment 301(3) of the Zimbabwean Constitution. As a result, the central Government is legally obligated to transfer a minimum of 5% of government revenues to the regions. According to the Zimbabwe National Economic Assessment and Research Group (2020), the Government’s economy allotted RTGS$703 million to decentralization in the 2019 financial year(Mukoyi, 2020). Nevertheless, it might be claimed that the quantity granted wasn’t about more minor than the statutory 5%, although it was insufficient to mentoring. As a result of the preceding, it might be claimed that the emerging republic’s decentralization of authority is failing to contribute meaningfully to progress due to financial resource restrictions (Mukoyi, 2020). In furthermore, given the ten provinces, the constitutionally mandated share of revenue must be reconsidered.

Domestic and International Laws of Zimbabwe

Zimbabwe is a member of the international community’s family of countries. Different laws are used to bring states together(Affairs, 2020). Different springs of global legislation are available to states. Section thirty-eight of the law has complex sources of the global court of Honesty. Thus, outline the levels of such sources of the international statutes, including general principles of law, treaties, customary international laws, and teachings of eminent jurists. Proclamations and regional norms are examples of soft publications. A few of the sources of law can be categorized into two major groups: primary and secondary(Affairs, 2020). We can begin our discussion of Zimbabwe’s international affairs by turning to the Constitution. Three, if not four, sovereign nations are mentioned in the Constitution: The citizens, who bestow State power in the three principles of the State; the Constitution, that puts people as well as the Government beneath it; as well as the Head of State and State as a monarch(Herald, 2017).

Zimbabwe’s Constitution emphasizes the relevance of international treaties. We might begin by looking at the link between domestic and international law in principle. Now it is fundamental this has been the topic of intellectual disputes(Affairs, 2020). Hans Kelsen and John Austin lead the school of thinking. As a result, the Kelsen-Austin argument has gained popularity as a means of explaining the link. Following the two prominent scholars, other lines of thought have focused on the priority of either domestic or international. There are proponents for each school of thinking. Those who believe international law should take precedence, such as Hans Kelsen, claim it is a standard of collaboration. Both systems are viewed as part of a more effective law system(Herald, 2017).

Hersch Lauterpacht, a notable Kelsen disciple, developed the oneness of law concept. He acknowledges the idea of national sovereignty. Their abilities, nevertheless, should be tested. This is critical in international law, including international humanitarian law, international environmental legislation, global trade, international investment, and global humanitarian law. The monist thesis is a philosophy that elucidates the priority of global treaties. Various researchers have developed a variety of monist theories, including the purely materialistic inversion theory. The Treaties of Westphalia could be used to development of ideas for global law’s priority. The monist thesis could be used to describe how international treaty rule forms part of Zimbabwean law. Global law is a fragment of Zimbabwean law, only if it is contrary to the Constitution of Congress, according to Segment 326 of the Charter(Herald, 2017).

In essence, we can speak of a convergence of customary international law and domestic. Integration of customary global law into domestic law is unnecessary. Subsection 326 requires courts to follow a legitimate view of the Constitution compatible with customary global law. The Agreement of Westphalia, which established full sovereignty, clearly emphasized the priority of global law. Following Westphalia, countries wanted to assert authority over certain territories. They could once again specify their borders, form relationships with each other, identify their demographic, and form a functional government. This Treaty can be used to make the case that nationality stems from global law. A regulatory framework had to be established by the society of nations that came united. Those nations that banded themselves could perhaps acquire land and declare their independence. Power has lost its ultimate status.

To put it another way, now it is subjective. Governments must find the right balance between sovereignty and State and the other types of sovereignty mentioned earlier. The phrase ‘Country’ is not stated in Segment 332 of the Constitution’s terminology chapter.

This same concept will be used in this essay in the Montevideo context. Some who subscribe to John Austin’s viewpoint believe that foreign law is not even a set of laws. We can discuss political or moral responsibilities. Countries can choose to tame global law principles(Herald, 2017). There is a two-way link between global and domestic law. Domestic and international law are not the same thing. Treaty provisions… READ MORE

How to Reference "International Law & Foregn Policy in Zimbabwe" Essay in a Bibliography

Related Essays:

International Law V Torture in Post-War Iraq Thesis

International Law v Torture in Post-War Iraq and U.S.' Liability

International and U.S. Law Against Torture and Other Ill-treatment

International and U.S. law expressly forbids torture and other forms of… read more

Thesis 25 pages (7379 words) Sources: 6 Topic: Law / Legal / Jurisprudence

---

International Law Consists of Customs, Principles Term Paper

International Law consists of customs, principles and rules legally binding upon sovereign states and other participating international entities (Joyner 2002). It derives from treaties and international conventions, customs and customary… read more

Term Paper 5 pages (1486 words) Sources: 3 Style: MLA Topic: Law / Legal / Jurisprudence

---

International Law Assess the Legality Seminar Paper

International Law

Assess the legality of the 2003 American invasion of Iraq in the context of the United Nations Charter provisions governing the use of force. Does the legal position… read more

Seminar Paper 7 pages (2295 words) Sources: 1+ Topic: Law / Legal / Jurisprudence

---

International Law Traditionally Term Paper

International Law

Traditionally, International Law was defined as "the body of law that governs the legal relations between or among states or nations." ("The Free Dictionary"). In this definition, the… read more

Term Paper 4 pages (1475 words) Sources: 5 Style: MLA Topic: Law / Legal / Jurisprudence

---

Effects of World Trade Organizations Dispute Settlement System on International Law Research Paper

WTO Law

WTO and International Law Qs

The World Trade Organization impacts international law in both direct and indirect manners, and strangely it provides strength to international law even in… read more

Research Paper 3 pages (865 words) Sources: 5 Style: Chicago Topic: Law / Legal / Jurisprudence

---

View 100+ more related papers  >>