Domestic Law Vs. International Law

Law is a conservative institution whether international or domestic. Discussing the differences between domestic and international law may generally lead some to believe that either one or the other is the “real” type of law. The first step in refuting the argument that international law is not “real” law is defining the varied elements of law. Then, after assessing what constitutes law, determining whether international law is “real” law is a matter of finding these elements within the concept of international law. Hence, international law is “real” law because it possesses the various elements that define the notion of law. Law plays an extremely essential role in society especially when examining the different ways order is maintained.

Sanction is not always needed to get members to comply with the law. Domestic law implements rules in society that have a clear and direct consequence if the rules are not followed. As citizens of the country, you have a legal obligation to comply. In contrast, international law implements rules created as a collection unit that satisfies all parties and serves the interest of all its members. 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

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. International member states frequently establish and comply with treaties. Treaties are especially important because they often codify customs. Customs can be defined as the actions of member states that sometime become widespread habitual state practices. Some may not believe international law is a real law because it’s the systems lack of police to enforce the law. International law is an anarchic system in which no member states has overarching power over another. However, in this setting, the lack of force does not suggest that members do not comply with the law. The international system utilizes measure of reformism and countermeasures to enforce the law. Domestic and international law are