The nature of international law and the international system - The enforcement of international law
6 important questions on The nature of international law and the international system - The enforcement of international law
What do many jurist claim that the hallmark of a system of law is?
What is one of the most frequent used arguments against international law?
Does the existence of any system of law depend on the chances of effective enforcement?
No. The validity of law may depend on the way it's created. The fact of enforcement may be a reason why people obey the law but it's not the reason why it's actually law. In international law, then, the fact that rules come into being in the manner accepted and recognised by states as authoritative is enough to ensure that law exists.
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Is it true that international law is not enforceable or effective?
The absence of a 'police force' does not mean that international law is impotent. There are a range of enforcement procedures.
Name 3 examples of loss of legal rights and privileges.
- termination of diplomatic relations
- restriction of economic aid
- cancellation of supply agreements
Name two developments concerning judicial enforcement.
- Only if the SC has taken concrete measures in respect of a dispute will the Court decline to exercise its jurisdiction - contentious or advisory - over a legal question.
- The growth of specialised judicial institutions concerned with discrete issues of international law.
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