Is international law really law? What arguments are there both for and against? Does law need specific forms of enforcement to be law, does international law have these? All these questions are really important and require serious and deep reflection and discussion.
There are two opposite views on the nature of international law. According to the first one international law cannot be regarded as law in full sense as it does not constitute any system. Those who hold this approach state that international law does not originate from traditional concept of law, does not base on consent, or derive from natural law. Researching the nature of international law John Austin has reached the conclusion that international law is not positive law as it's not based on commands of sovereign. Austin views law as a system of command orders issued by sovereign and supported by threat of sanctions if the commands ignored. (Dixon, 2007)
Supporters of second theory argue that the most important evidence of existence of international law is recognising by international community of binding rules. They believe that international law is based on common self interest and necessity. Such weaknesses of international law as general lack of institutions, uncertain content of rules, possibility of ignorance when it comes to states vital interests, violation of basic principles without fear to coerced are usually used as arguments against existing of international law.
International law is often criticized for lack of enforceability. Many scientists argue that enforceability is feature peculiar to legal systems. It's important to mention that international law has its own methods of law enforcement; however they are characterized by much fewer levels of binding ability. At the same time many scholars agree that law enforcement system is one of the key elements of any legal system.
Papers and essays in political science are all rather specific and not that simple to deal with. Our support team of professional essay writers is available 24/7 to help you out with your assignments.
This post was brought to you by William Breghton.