Summary International Law
Summary International Law
Week 1:
International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law.
* Created primarily by states.
* The fact that rules come into being in the manner accepted and recognized by states as authoritative, is enough to ensure that ‘law’ exists.
* When a country breaches international law, the Security Council may take enforcement action, or it can result in the loss of corresponding legal rights and privileges.
* However, international law lacks many of the formal institutions present in national legal systems.
* The International Court of Justice is the judicial organ of the UN and the ICC deals with serious violations of international law of individuals. There are also a few ad hoc tribunals that are concerned with discrete issues of international law.
* Another disadvantage is that the system of flexible and open-ended rules is a lack of certainty.
Effectiveness:
- International law is needed in order to ensure a stable and orderly international society.
- There is a psychological barrier against breaking international law, simply because it is law.
- The practitioners of international law may have a ‘habit of obedience’ derived from their own training as national lawyers which serves to encourage respect for international law.
Weaknesses:
- Lack of formal institutions present in national legal systems.
- Customary law-making process may be too slow when new rules are needed quickly.
- The system of flexible and open-ended rules is a lack of certainty.
- International law often seems powerless to prevent major ruptures of the fabric of international society.
Juridical basis of international law:
* International law is based on the consensual theory. No international law can be created without the consent of the state which is to be bound.
* However, there is also the theory that rules of law are derived from the
Week 1:
International law: Rules and principles that govern the international relations between sovereign states and other institutional subjects of international law.
* Created primarily by states.
* The fact that rules come into being in the manner accepted and recognized by states as authoritative, is enough to ensure that ‘law’ exists.
* When a country breaches international law, the Security Council may take enforcement action, or it can result in the loss of corresponding legal rights and privileges.
* However, international law lacks many of the formal institutions present in national legal systems.
* The International Court of Justice is the judicial organ of the UN and the ICC deals with serious violations of international law of individuals. There are also a few ad hoc tribunals that are concerned with discrete issues of international law.
* Another disadvantage is that the system of flexible and open-ended rules is a lack of certainty.
Effectiveness:
- International law is needed in order to ensure a stable and orderly international society.
- There is a psychological barrier against breaking international law, simply because it is law.
- The practitioners of international law may have a ‘habit of obedience’ derived from their own training as national lawyers which serves to encourage respect for international law.
Weaknesses:
- Lack of formal institutions present in national legal systems.
- Customary law-making process may be too slow when new rules are needed quickly.
- The system of flexible and open-ended rules is a lack of certainty.
- International law often seems powerless to prevent major ruptures of the fabric of international society.
Juridical basis of international law:
* International law is based on the consensual theory. No international law can be created without the consent of the state which is to be bound.
* However, there is also the theory that rules of law are derived from the