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.
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
Laws being in place to support good ethic for the peace of all people in the society. The laws inspired by ethics is enforced by the government. Therefor the law contributes to the society by helping it to be harmonious and peaceful. Let’s look at a well-known case that will show how the law contributes to a harmonious and peaceful
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.
Introduction Law is a dynamic force for maintaining social order and preventing chaos in society. It is difficult to imagine the existence of a community without law. Lawmakers, courts, and other officials of the law help to preserve a harmonious society. A basic understanding of the law and the legal process of one's community promotes a better understanding of society. Law embodies the story of a nation's development through the centuries.