Essay On International Law

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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 subscribe to the view that law properly so called is a command of the sovereign and it is enforced by a superior authority. According to Austin, law is…show more content…
Sir. Henry firmly established that in primitive society there was so sovereign political authority and they were also governed by rules. The advocates of this theory uphold that international law contains many rules and in that sense international law is a law. The source of every law is custom. In ancient society people were governed by many customary rules. International law contains many customary rules. Today customary rules of international law have been incorporated into many treaties. Customary rules will have the force of law. In that sense international law is a law. In case of international disputes states do not deny the existence of international law. In some states like U.K and U.S.A international law is treated as part of their law. It has been laid down by the statue of the international court of justice that disputes can be solved by solving international law and international treaties. International conferences and conventions also treat international law as law in its true
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