What is International Law?

world

International law is a body of laws, regulations, and accepted practices by which different nations throughout the world interact with each other as well as with their own citizens and citizens of other countries. There are two basic categories of International Law, public International Law and private International Law, although the two tend to overlap frequently. Public International Law deals with relationships between different nations or between a nation and persons from another country. Private International Law generally deals with individual concerns, such as civil or human rights issues, not only between a government and its own citizens but also in how its citizens are treated by other nations.

International law is developed and agreed upon by those that make up the international system, but not every nation state is a member or has a part in the process. Most nations are said to comply with International Law, but that appears questionable considering the number of human rights violations still occurring around the world. While the international community does attempt to hold all nations to International Law, it is not always feasible. Force may be necessary in order to ensure compliance, and the international community is generally against the use of force except in the most dire circumstances.

There are also cultural issues that play a part in acceptance of and compliance with International Law. Some nations have a theocratic, or religious, government rather than a secular one and feel more bound to the tenets of their faith than to man-made law. In some cases, what most of the world views as human rights violations according to International law, may be viewed by some nations as acceptable actions or punishments prescribed by religion. This can create very sensitive situations.

The United Nations (UN) is probably the most well recognized of all international institutions. It has influence over the world community as a whole as well as individual nations. The UN is supposed to establish and protect peace and cooperation between nations and to ensure that people are treated humanely by their own as well as by other governments and groups.

While many nations have agreed to the UN Charter, they still retain sovereignty. Few would agree to live completely under UN rule, especially in light of recent scandals and the inability of the institution to achieve its goals. The United Nations has unfortunately been plagued by scandals and perceived incompetence over the years. Critics give the Oil for Food program and the ineffectiveness in protecting human rights in the Rwanda genocide and more recently the Darfur region of Sudan, as examples.

As the world seems to grow smaller, with people interacting on a global scale, International Law seems to make sense. However, it must continue to evolve and it must be applied evenhandedly. It is also necessary for those with the duty to enforce it to be seen as being up to the task.

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7
No it isn't really law, there are no sanctions as such. Take Iran for example. It won't stop its nuclear activities although it's supposed to as per the agreement it signed with the IAEA. Israel is illegally occupying Gaza and there is nothing the international community has been able to do about it -- not even the US has been able to put a stop to it. War crimes are perpetrated every day, the neighbor policy has been practiced by the Israelis, the element of proportionality has not been respected and as per the israeli government's own papers, more than Gaza, a portion of indisputably Palestinian land is now also occupied by the Jews. The world knows it and the Goldstone Report proves it, where is international law in all that? There is no law. Saddam Hussein was executed for crimes against humanity while George Bush didn't even face a prosecution. law is supposed to be erga omnes. it has to apply to each and every person and to respect a certain amount of objectivity for it to be called law. Selective, subjective and relative 'law' cannot be law. 'Law' without any kind of discriminate enforcement cannot be law. 'Law', which is not recognised as such by everyone cannot be law.

International law is illusionary rhetoric to fit the purpose of those who are really running the world. --Mona

- anon50477
6
Do you think its a good move to study international law. Can i make a difference and money?
- anon47093
5
I concur with the fact that you said international law is a law because it is expressly stated. I am of the view that laws are also rules and it imposes an obligation to a certain conduct(Hart). In international law if you reneged your expressed obligation(treaty) there is a sanction. The same is there if persons do not obey the laws of the land.
- anon45063
4
what evidence is substantial enough to proove that international law is really a law?
- anon44725
3
yes, because its written on paper and if u go against the law you will be punish so I considered it a law
- anon34959
2
Not really law, but more like basic guidelines set to protect one's civil and human rights as a person. So, good call on your part, but, law is probably the best word for it.
- anon26835
1
Is international law really law?
- msnuttika

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Written by Sherry Holetzky
Last Modified: 29 October 2009

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