The nature of international law and the international system - The role of international law

6 important questions on The nature of international law and the international system - The role of international law


International law is a primary tool for...

... the conduct of international trade.

What is the (most cogent (meest overtuigend)) argument for the existence of international law?

Member of the international community recognise that there exists a body of rules binding upon them.

What is there to question about international law? (3)

  • the existence of any set of rules governing inter-state relations
  • its entitlement to be called law
  • its effectiveness in controlling states and other international actors
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How do we know states know there's international law?

- States are dealing with international law on a daily bases. Questioning the impact on national law;

- States do not claim they're above the law; they know when they are wrong. E.g. When Iraq invaded Kuwait, they knew the law also applied to them.

- the most convincing evidence of the existence of international law is that states obey the mojarity of international rules.

What is a frequent argument used agianst international law?

It is not generally enforcable.

where are the powers of the sc designed for?

primarily to preserve the peace rather than to enforce law.

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