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
At a very basic level, international law and Islamic law differ in magnitude. Islamic law governs the behavior and actions of individuals within their States, whereas international law governs the behavior and actions of bodies of government states or countries. Differences: Relation between law and religion International law embraces the view that a distinction between law and religion must be observed. Thus, in all international courts religion does not constitute an acceptable basis for a judgment. Although Western legal systems, as well as international law, have extracted many legal principles from religious sources, such as the Bible, these legal systems themselves are separate from religion.
Definition of law Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Thus, international law is a natural product of historical development, there is an objective and realistic, and, once having arisen at a certain stage of human society, and it will be further developed according to the laws of dialectics. Historical evolution of Public Law: This period is associated with the development of international relations of feudal states in the course of their education, to overcome the fragmentation of major feudal estate monarchy and the beginning of the formation of absolutist states. A feature of the regulation of international relations was the continuity of the feudal states of many international legal rules of the slave period. However, these rules were enriched and further developed. One of the features of the feudal international law in Western Europe was the influence on him of the Catholic Church.
If the law lacks morality, and principles that ensure justice, and fairness is it even a law at all? . Yes it may be in a book of laws, signed by congress, and enforced by superiors, but the question still remains is a law actually a law if it doesn’t ensure the best interest of all people ? . Is a unjust law one that doesn’t bind lawmakers to obey ?.
4.1. International Jurisprudence I would like to introduce the issue of international justice through the evaluation and analysis of John Rawls’ work The Law of Peoples. I do not intend to go through all the main issues Rawls’ work deals with nor shall I consider whether Rawls’ theory of justice is consequently applied. I shall rather focus on some issues of international justice. Regarding the International Justice, A Forster further asserts that it is, “a pacific international cooperation between liberal and decent society. It is an appropriate set of principles according to which relations between societies can be organized in as peaceful, stable and just manner as possible.” The principal point for the content of the Law of Peoples
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
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.
201311475 International Law Ms. Pauline Brillantes AB Political Science TTH: 3:30-5:00 Prelim Thesis Statement: International Law has been the key for the states to maintain peace and order. This has been also used as an essential aspect of international relations. However, the aggressive war between different states and nations has an effect on the imposition of international law. The United Nation has a role in addressing issues on international law about global, economic and social issues. 1.
When a customary international rule is formed it is binding upon all states even if a codified treaty rule is contrary to it. The customary international rule will usually prevail. The two elements required to form a customary international law are: 1) uniform and consistent state practice over time; and 2) opinio