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International Law Function

The document discusses the function and characteristics of international law. It notes that international law governs relations between nation-states rather than individuals. International law can be universal and apply to all states, or regional and apply only to certain groups of states. While international law regulates international organizations and relations, it is distinct from international comity which involves courtesy rather than legally enforceable rules. The document examines how international law differs from domestic law in that it lacks a single legislature, judiciary, or executive to establish and enforce rules. It questions how international law can truly be considered law without these institutions, and references John Austin's theory of law requiring a sovereign to back rules with sanctions.

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Yazra Aghshoon K.
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85 views2 pages

International Law Function

The document discusses the function and characteristics of international law. It notes that international law governs relations between nation-states rather than individuals. International law can be universal and apply to all states, or regional and apply only to certain groups of states. While international law regulates international organizations and relations, it is distinct from international comity which involves courtesy rather than legally enforceable rules. The document examines how international law differs from domestic law in that it lacks a single legislature, judiciary, or executive to establish and enforce rules. It questions how international law can truly be considered law without these institutions, and references John Austin's theory of law requiring a sovereign to back rules with sanctions.

Uploaded by

Yazra Aghshoon K.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Name : Yazra Aghshoon Khuzaimah

ID : 017202100035

The Function of International Law


The element of a law that binds community members together in their commitment to
established norms and standards is the law. Law is a set of laws that regulates behavior and, to
some extent, reflects the ideals and concerns of the society in which it operates. So it is with
international law, with the key distinction that the primary subjects of international law are
nation-states rather than individual persons. There are numerous differences between the law
that governs a country (municipal law) and the law that governs states, international
organizations, and, in some situations, persons. International law is separated into two
categories: conflict of laws (sometimes known as private international law) and public
international law (usually just termed international law). The former is concerned with
situations in which foreign elements intrude into specific legal systems, generating problems
about the application of foreign law or the participation of foreign courts. J. Bentham used the
word in his Introduction to the Principles of Morals and Legislation, published in London in
1780. Public international law, on the other hand, is not merely a supplement to a legal order,
but a distinct system in and of itself, and it is this sector that will be discussed in the book.
Public international law regulates the operations of various international institutions and covers
all sorts of state-to-state contacts, from war to satellites. It can be universal or general, in which
case the stipulated rules apply to all states (or almost all, depending on the nature of the rule),
or regional, in which case a group of states linked geographically or ideologically recognize
special rules that apply only to them, such as the practice of diplomatic asylum, which has
grown to its greatest extent in Latin America. International law must be separated from what
is known as international comity, or practices such as saluting the flags of foreign warships at
sea, which are carried out merely out of courtesy and are not legally enforceable. While they
may cross paths at times, the former is a legal discipline in both content and form, whereas the
concept of international morality is a branch of ethics. However, this does not imply that
international law can be separated from its values.

In the first chapter and the next, the characteristics of the international legal system and the
historical and theoretical background necessary for a proper appreciation of the part to be
played by the law in international law will be examined.
In the international community, law and politics are important. The first question to be asked
is about the legal quality of international law. Each side in an international dispute will almost
certainly claim legal justification for its actions, and there is no independent institution within
the international system capable of determining the issue and rendering a final decision. Almost
everyone who begins reading international law does so after learning or absorbing some of the
fundamental characteristics of ordinary or domestic law. It appears that there can be no legal
order without a legislature, judiciary, and executive. International law, on the other hand, does
not fit this model. The United Nations General Assembly, which includes delegates from all
member states, exists, but its resolutions are not legally binding, except for certain UN organs
for specific purposes. The United Nations Security Council, which was intended to play such
a role in some ways, has been effectively constrained at times by the veto power of the five
permanent members (USA; USSR, now the Russian Federation; China; France; and the United
Kingdom). How can what is called international law by law if there is no identifiable institution
to establish rules, clarify them, or ensure that those who break them are punished?

The English philosopher John Austin developed a theory of law based on the idea of a
sovereign issuing a command backed by a sanction or punishment around the turn of the
nineteenth century. In conclusion, supported by book, International law's primary goal is to
promote global peace and prosperity. International law and its supporting institutions should,
in theory, act as a balm to reconcile nations' divergent interests.

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