However, the influence of power in both systems varies greatly. The same way domestic politics is connected to law mirrors the same way international law is connected to world law. Just as domestic law has a legislature that creates the laws, the international system has a similar structure. The United Nation General Assembly can arguably be considered the legislative branch for international law because they are an entity that established rules, principles, and concepts of international law. Treaties are an important aspect of international law as well.
TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt. International law is not law in the true sense of the term- Hobbes and Austin
THEORIES AS TO THE BASIS OF INTERNATIONAL LAW Much theoretical controversy has been waged over the nature and basis of international law. In the coming sections the various aspects of the theories trying to give satisfactory structure of the concerned law. Does International posses law quality ? One theory which has enjoyed wide acceptance is that international law is not true law, but a code of rules of conduct of moral force only. The English writer on jurisprudence, John Austin (1790-1859), must be regarded as foremost among the protagonists of this theory.
International Law assumes a society of nations and it governs the relationship of the members of this society. A system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations. Professor Oppenheim has defined international law in the following words: “Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.” In the ninth edition of Oppenheim 's book the term 'international law ' has been defined as: “International law is the body of rules which are legally binding on States in their intercourse with each other. These rules are primarily those which govern
This paper will try to asses that question in particular. Theoretical Framework The concept of International Law International law, also called public international law or law of nations, is the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors . The concept of Power Politics Political action characterized by the exercise or pursuit of power as a means of coercion. International diplomacy based on the use or threatened use of military, political or economic power. Power politics is the core of realism, as realism assumes that states merely do something based on their national interest, and through whatever means necessary, including the means above.
Public International Law is the law of political system of nation-states. It is a diverse and autonomous system of law, independent of the national systems with which it cooperate and dealing with relations which they do not effectively govern. Public international law means the set of legal rules governing international relations between public bodies such as States and international organizations. Public international law is traditionally defined as the law between sovereign nation-states, later on, states, particularly within the relations of the laws of war, peace and security, and protection of the territories. Additionally to states as subjects of international law, other members are interested in international law activities and their developments include private entities, individuals, and international organizations.
Hartley provides an interesting overview of the major European systems and their rules for conflict of laws. Whilst some countries regard foreign law as law, others regard it as fact. This distinction will impact the further proceedings. For example, in England, one of the parties has to plead foreign law to be applied; otherwise the courts will apply domestic English law. Once a court has determined the applicability of foreign law to the case in question, it needs to understand and ascertain the elements of the foreign law that are needed, and a similar distinction is made regarding the ascertainment and proof of a foreign law, which can be either entrusted to the parties themselves (e.g.
ABSTRACT Laws can be considered to be one of the most fantastic creation of nature and there exists a wonderful relation between universal truths and law but laws change whereas universal truths remain constant. Rule of law basically governs all individuals of a nation and it also influences a particular society. Rule of law is considered to be supreme in nature and every citizens of any state is subjected to the general principles of law. It is also to be mentioned that rule of law is naturally a vague concept and it varies from one individual to another individual. There are various approaches to the definition of rule of law, one is the formalist approach which usually specifies the attributes that a legal framework is needed to have in
The number one difference between the two is that Civil Law is codified, and Common Law is uncodified. In the book, Comparative Criminal Justice it states, “The judicial tradition of referring to the law itself rather than to precedents established in prior cases remains an essential part of the civil law tradition and an important feature that distinguishes it from the Common Law.” (Dammer, p 45) The roles of a lawyer and a judge are a main difference as well. In Civil Law, lawyers lead proceedings for charges brought against a person. In Common Law, lawyers make presentation to a judge and the judge makes the final decision on the outcome of the one on trial. In Civil Law, law and procedures are governed by comprehensive codes of rules to anticipate all situations.
1. Is international law a law or moral code of conduct? Explain your answer with elaborated example! Every state in this world has its own needs to be fulfilled to ensure the survival of the state and also the people of the state and will do whatever it takes to fulfill those needs. The fact is that there is no state that can fulfill its needs by only depending on the resources within the state but instead a state’s needs might be available in other states.