Nature of International Law Flashcards
Nature of International Law
International Law exists in a system without a central authority, making it anarchical. Sovereign States are the primary actors, and the system operates on equality among states.
Comparison with Domestic Law
Unlike Domestic law, International law lacks a legislature or enforcement mechanisms: The UN general assembly functions as a platform for discussion but does not produce binding law. International Courts (ICJ, ICC) require state consent for jurisdiction. Further International Law is consensual, meaning states must actively consent to any restrictions on their freedom of action, whether through treaties, customary practices, or other forms of agreement. In the domestic system, courts are part of the setup, and you don’t opt in or opt out - in the international system, the courts are not a compulsory system, but they are optional. As a sovereign state you could choose to opt in. (ICC-Putin).
Enforcement and Limitations of International Law
Compliance with International Law depends on the state consent reciprocity. Enforcement mechanisms are weaker than in domestic systems but evolve through measures like sanctions or collective action. The VCLT emphasizes that states cannot invoke domestic law to justify non compliance with international obligations. For example: A state party to the Rome Statute cannot claim constitutional immunity for its head of state. Also when IL is broken-look at the response- theft.
