The nature of international law and the international system

5 important questions on The nature of international law and the international system

Name the 6 reasons why international law does work.

  • the common good
  • the psychological Rubicon
  • the practitioners of international law
  • the flexible nature of international law
  • the political cost
  • sanctions

Explain 'the flexible nature of international law'.

International law is not an 'adversarial' system of law (vijandig, conflictueus). Moreover, the flexible nature of international law means that a state may be able to choose from a range of policies, all of which will be legal. The fact that international law rarely leaves the state with only one course of action is a great advantage for a system so bound up with politics and diplomacy.

Name the 4 weaknesses of international law.

  • Lack of institutions
  • Lack of certainty
  • Vital interests
  • Vital rules
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Name 4 theories of the basis of international law.

  • The command theory
  • The consensual theory
  • Natural law
  • Ubi societas, ubi jus

Explain 'ubi societas, ubi jus'.

Law is necessary for the society to function and, because it is necessary, it is ex hypothesi binding. The legal quality of international law lies in the fact that it is needed and that this is recognised by states themselves, the legal persons to whom it is addressed.

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