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)
- Any “legal order1” must have the following 3 elements–>
- Legislature
- Executive
- Judiciary
2. But in the International System of Law it has neither:
- Legislature– While United Nations General Assembly (UNGA) has some outward characteristics of a legislature, but it does not have the authority to pass binding laws on states.
- Judiciary– There is International Court of Justice at The Hague, Netherlands (The Peace Palace). But it is to be noted that under Article 362 of the Statute Of The International Court of Justice, consent of both the parties are required in order to be bound by the decisions of the Court. Thus, rendering it ineffective in a way.
- Executive– The United Nations Security Council (UNSC) was intended to act in such a role but it is also ineffective. Its ineffectiveness stems from many reasons like geopolitical rivalries/interests of permanent members’ who often misuses the veto power vested in them.
- Ian Brownlie, Principles of Public International Law (8th ed., Oxford Univ. Press 2012). ↩︎
- https://www.icj-cij.org/statute ↩︎
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