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Is International Law Even Law?

Elias Mitchell

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Published in Is International Law Even Law?: International Law From An International Relations Perspective

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International law is a complex and fascinating subject that raises a number of important questions, including whether or not it is even law. In this article, we will explore the nature of international law and its enforceability, and we will consider some of the arguments for and against the view that international law is not really law.

International law is a body of rules and principles that governs the relations between states. It is distinct from national law, which governs the relations between individuals and the state. International law is created through treaties, customary international law, and general principles of law.

Treaties are agreements between states that are binding on the parties to the treaty. Customary international law is based on the practice of states and is binding on all states, whether or not they have consented to it. General principles of law are principles that are common to all legal systems, such as the principle of good faith.

Is International Law Even Law?: International Law from an International Relations Perspective

by Leah L. Carmichael

4.2 out of 5

Language	:	English
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International law is not as easily enforceable as national law. There is no central authority to enforce international law, and states are often reluctant to comply with international law when it conflicts with their national interests. However, there are a number of mechanisms that can be used to enforce international law, including:

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It can hear cases between states and give binding judgments.
Arbitration is a process by which disputes between states are submitted to a panel of arbitrators for a binding decision.
Sanctions are measures that can be taken against states that violate international law. These measures can include economic sanctions, diplomatic sanctions, and military action.

There are a number of arguments that can be made against the view that international law is not law. These arguments include:

International law is binding on states. Treaties and customary international law are binding on all states, whether or not they have consented to them. This is because international law is created by the consent of states, and states are bound by the agreements they make.
International law is enforceable. There are a number of mechanisms that can be used to enforce international law, including the ICJ, arbitration, and sanctions. These mechanisms are not always effective, but they do provide some degree of enforcement.
International law serves a valuable purpose. International law helps to maintain peace and stability in the world. It provides a framework for cooperation between states and helps to prevent conflict.

International law is a complex and fascinating subject. It is not as easily enforceable as national law, but it is still a body of law that is binding on states. International law serves a valuable purpose and helps to maintain peace and stability in the world.

Is International Law Even Law?: International Law from an International Relations Perspective

by Leah L. Carmichael

4.2 out of 5