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Vienna Convention on Law of Treaties (VCLT) is the framework that is used in creating of international law; it was first advanced in 1969 but it was not until 1980 on January 27th that the treaty came into force (UnitedNationsTreaty, 2001). It is a treaty that summarizes the various customary international laws between the various member states. Among its international laws are two norms of public international laws that are defined in the VCLT as jus cogens and erga omnes (UnitedNationsTreaty, 2001).
The VCLT is currently ratified by more than one hundred countries worldwide while it has been recognized by other countries although they are yet to adopt it. In fact it provides a guideline that is also referred by non-member states that have not yet ratified the convention since it is considered by most nations as the “treaty of all treaties” (UnitedNationsTreaty, 2001). Thus, we can say that legislation framework for international law does indeed exist although not at the optimal level.
Because Vienna Convention treaty redefines much of the general laws that are already in existence by classifying them in the context of the convention framework it means that it is not involved in creation of new laws per se, thus no debating and proclamation is actually necessary.
In fact when you consider the type of international laws as incorporated in jus cogens and erga omens it becomes clear that Vienna Convention does not propose it own set of laws but rather proposes certain general laws that already exist to become international laws. Jus cogens for instance defines the category of norms and laws that safeguard peaceful existence among communities and also includes humanitarian rules as well; as such it is concerned with such issues like slavery, torture, racial discrimination and genocides, all of which are common natural laws in many countries (Linderfalk, 2010).
Erga ormens on the other hand is used to describe the nature and extent of specific types of rights that everyone is entitled to and describes obligations that treaty parties owes to each other and all other countries in general regardless of their member state by virtue of such rights being collective, undeniable and crucial for peaceful co-existence and sustenance of human rights (Linderfalk, 2010). Thus, because these are in essence natural laws that exist in many countries then I see no point why debating and proclamation of these laws should determine their legality.
The way that globalization has contributed to international law is by facilitating their creation as well as their advocacy, this is through several ways. One, globalization has opened up societies making exchange of information become rapid, secondly with the advent of globalization societies have been pressured to scrap unfair and discriminatory laws such as slavery and apartheid, and finally globalization has facilitated a forum in which such laws can be created and legalized.
References
Linderfalk, U., (2010). Jus Cogens and Erga Omnes. Web.
Tilly, C. (2004). Terror, Terrorism, Terrorists. Sociological Theory, 22(1):5-13.
UnitedNationsTreaty, (2001). Vienna Convention on the Law of Treaties 1969. Web.
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