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Is International Law a True Law?

Posted on January 3rd, 2009

International Law according to Georg Schwarzenberger, “International law is the body of legal rules which apply between sovereign states and such other entities as have been granted international personality.”

If we are going to study the given definition of international law we could say that International law is almost the same with that of the law of a country. But sometimes the law of a country is given much more importance than that of the law of nations or international law. This is primarily because there are certain qualities that a state law possess that the law of nations does not.

Let’s try to answer the title of this article, is international law true law? The answer would be yes and no.

International Law

Yes, because if you are going to trace the sources of International law, it would be from customs, general accepted principles of law, morality, treaties and agreements. And these agreements bind the states by letting them recognize the said treaty and adhering the terms stated on it. In the Republic of the Philippines per se, its Constitution explains its belief and acceptance to the International Law.

Art. II, Sec.2

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

More so, the United States Constitution stipulates that any agreements signed by the Federal Government shall be treated the same with that of the U.S. Constitution itself.

On the other hand, No, because International law lacks the powerful mechanism in every law of nation, that is the judiciary. The judicial department sanctions those who disobey the law. But since International law allows the states to be in a status of “optional clause,” they are not obliged to follow the rules of the law. Therefore international law lacks enforcement.

One good example for this is when the United States invaded Iraq without the consent of the United Nations which comprises the International Court of Justice.

You decide. Is it true law or not? Whatever the answer is, the International Law serves as an arena of interaction among states. Because of International Law, meetings and dialogues are made and because of which, the states will have the chance to communicate with each other. And thus, making the world smaller and thus builds bridge among nations.

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This entry was posted on Saturday, January 3rd, 2009 at 7:42 pm and is filed under Government, Immigration, Political. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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