International law has no central authority and operation as an anarchic highly decentralized legal order. Nevertheless, the absence of an authoritarian figure to enforce penalties does not mean that international law should not be considered “real” law. Law is still applied, but practiced and enforced in different ways. Overall, international law is considered “real” law because system of rules, established by binding agreements, that aim to regulate the actions of its members, but with different characteristics practiced in the domestic arena, where there is legislative, judiciary, executive, and police
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
In criminal judicial jurisdiction, the range is from the territorial principle to the universality principle; and in civil judicial jurisdiction, the range is from the mere presence of the defendant in the country to the nationality and domicile principles. In implementing the jurisdiction, there are four types of immunities from jurisdiction under international law which are Sovereign Immunity, Diplomatic Immunity, Consular Immunity, and Immunities of International
The dualist point of view also emphasizes the phrase that the state is supreme in its definite territory and the people on its jurisdiction. All decisions must follow the municipal law or the constitution because it protect and preserve the national security and general welfare of the state. In my own understanding, the dualist point of view is giving respect to the concept of sovereignty and its practicality in the laws. But it doesn’t mean that municipal law
Law is a set of rules for the people of a state/region to abide based on relevant values and principles that should be upheld by that society. Domestic law is established within the three branches of a typical government of a nation state: Executive, Legislative, and Judicial. International law, however, lacks a structure as defined as domestic law. The foundation of international law dates back to the origins of the state, and from there, the concept evolved with the ideas of many great theorists. Hugo Grotius, is considered to be the “Father of International Law” (Rourke, 2001).
International Law is defined by the United Nations to be the legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. There has been significant discussion by all theories of jurisprudence as regards the character of international law, and whether or not it is consider to be true law. Most positivist theory were confined by the principle of sovereignty for their interpretation of international law however Hart provides two key points of analysis into international law. Firstly Hart’s critique of Austin’s command theory, to which law has to be understood as a set of rules issued by a sovereign. Hart rejects both Austin's theory of rules as well as his theory of sovereignty.
The statelessness problem lies at the center of the tensity of the internationality of rights and the jurisdiction of the sovereign states over its territories. So the stateless persons situated out of the framework of the nation-state that the international relations and the international law ease. This theses also will raise a debate, by characterizing the major challenges to guaranteeing the stateless people rights. First, it reviews the provisions relating to the stateless people status in the 1954 Convention, and the international procedures which adopted to response and address the statelessness issue. Despite it has crucial provisions to maintain the stateless status and their rights, but it has several clear
Jurisdiction implies having a legal right over something. A court can have jurisdiction over a legitimate inquiry, a government can have jurisdiction over another country or territory. The territorial principle is derived from the concept of State sovereignty . It implies that a State has the essential locale over all occasions occurring in its territory regardless of the nationality of the person responsible. It is the dominant ground of jurisdiction in International Law.
legal personality, such as that it has concluded international agreements , has its organs , distinct from member states, special tasks , defined position of the member-states in relation to the Organization , exercises functions , enjoy rights is an indication that it has a “large measure of international personality” and capacity to operate upon an international plane. It should be noted that the Court strictly defines the elements of international legal personality of international organizations. Moreover, according to the Court, international legal personality is necessary for the UN to operate effectively in international plane. Thus, as a consequence of the possession of that international legal personality, IO has a capacity to bring a claim in international plane
International law is traditionally defined as the law between sovereign nation-states, hereinafter, states, especially within the context of the laws of war, peace and security, and protection of territories. And its main objective based on the preamble of United Nation preamble "to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained". But the dilemma arises which should prevail, municipal law or international law? Base on the book of Malanczuk, Brownlie, Shaw, Bledsoe & Boczek there are two theories the first one is the dualist theory which International law and municipal law are considered two separate legal systems which exist independently of each other. Each of these two systems regulates different subject matters, function on different levels, and each is dominant in its subject.