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Continue reading →: Q. International Law is a weak law. Do you agree with this statement? Give Reasons.
No, I do not agree with this statement. Municipal Law International law It has a “vertical legal system“ with character of centralization. It has a “horizontal legal system” with character of decentralization. (because there are many states’ and all are sovereign in nature) Weaknesses of International Law Ways to Improve…
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Continue reading →: Q. International Law as a “vanishing point of jurisprudence” (a legal system/theory of law). Examine the view with reference to nature of international law?(i.e. comparison with municipal law)
According to Holland, International law is the vanishing point of jurisprudence. That is, it is no true law. Note-> These two contentions formed Holland’s core opinion that international law is based on courtesy. Contemporary Scenario & Rebuttal to Holland’s two main propositions. It is to be noted that Holland’s view…
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Continue reading →: Q. Do you agree with the view that international law is merely a positive morality? (Nature of International Law)
Contemporary View Now there is a general consensus that international law has a binding nature whereas a rule of morality is not binding. According to Frederick Pollock, he stated that if international law were only a kind of morality; then the foreign policy of all modern states’ would have thrown…
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Continue reading →: Q. Whether International Law is a true law or not? (Nature of International Law)
Their views were on the same page and can best be described via Austin’s view: Criticism of Austin’s definition of law-> Prof. Oppenheim’s definition of law-> Example-> States’ of world have constituted- Conclusion-> Thus, international law is a “true law” and it exists and it works, not perfectly or always…
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Continue reading →: Q. Fundamental Principles/Traditional Principles of International Law in crisis and reforms needed?
Note-> The present so called “crises” in the international law is nothing more than a tension between the needs of stability and the demands of change. Example-> Increase in temperature due to green house effect (Environmental Treaties) leading to depletion of ozone layer poses a very serious problem to our…
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Continue reading →: Q. Dynamism in Law and International Law?
According to Roscoe Pound- “Law must be stable, and yet it cannot stand still”.
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Continue reading →: Q. Compare the International System of Law and the law of subordination and also accentuate the need of International Law?
Domestic System of Law International System of Law Under it, law is above individuals. Under it, law is between states and not above states. Individuals don’t create the law. States’ create the law. It is a “law of subordination”. It is a “law of coordination”. Note- As no one (states)…
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Continue reading →: Q. The Heart of discussions about Nature of International Law?
The analogy of National System of Law (Domestic Law of the Country)(aka. The Ideal System) and International System of Law revolves around the following issue: (The crux of the problem) 2. But in the International System of Law it has neither:
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Continue reading →: International law and its divisions
International law can be divided into- Private International law– It deals with cases “within” particular legal systems in which foreign elements are noticeable and imposed, raising questions as to application of foreign law or role of foreign courts. Example– If two English men make a contract in France to sell…
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Continue reading →: Explain the distinction between traditional and modern definitions of international law. Critically examine the growing scope and importance of international law in the present context.
Traditional International Law and New International Law Traditional International Law New International Law Self-Explanatory, that is, the old well established principles which did not take into account the new changing world, that is, before the First World War and with few developments until the Second World War , after which…