nonlosinghero

No, I do not agree with this statement.

• The weakness of international law becomes evident only when we compare it with municipal law.
• But this comparison is not a good one because both deal with a very different legal system in a much different setting.

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

• It lacks effective sanctions.
• It can’t intervene in matters which are within “domestic jurisdiction of states”.
• It suffers from great uncertainity.
• It has failed to maintain order and peace in the world. (viz., trade wars are happening, terrorism is rampant, wars happening for keeping in check other countries, etc.)
• It lacks an effective executive, legislative and judicial authority.
• International Court of Justice (ICJ) lacks “compulsory jurisdiction” in true sense of the term.

Ways to Improve International Law

• International law should be codified properly.
• International Criminal Court (ICC) should be made more effective to adjudicate cases of “international crime”. And an “International Police System” (IPS) must be established to keep check on international crimes and enforce principles of international law.
• The U.N. Charter be amended to authorize U.N. to intervene in such matters within the “domestic jurisdiction of the states”, which affect the international community gravely.
• “Doctrine of Judicial Precedents” should be applied in field of international law.
• To strengthen the legislative machinery of public international law, the activities of U.N. General Assembly and other International Organizations, viz., ILO, WHO, ICAO, should be accentuated and encouraged.
• International Court of Justice (ICJ) can be given “compulsory jurisdiction” over all international disputes.
• The “concept of recognition” is very important. In this context, the recognition of the “international community” (Indian Concept of Vasudev Kutumkumb, that the world is a true global village) that any breach of law must no longer be considered the concern of only the states’ directly and primarily affected and it should be the duty of all states’ to ensure that no breaches of such nature occurs. Example-> If there is any genocide or any Human Rights violation, it should be the concern of the international community as a whole.
  • It is to be noted that there are two obstacles to this concept of recognition.
    • a.) Concept of Sovereignty– Example- In a case of Human Rights violation, the state involved can take the plea of “principle of non-interference in internal matters” but this concept of “absolute sovereignty” has become diluted once the state has signed and ratified an international treaty. ( which deemed to surrender a part of its sovereignty)
    • b.) Domestic Jurisdiction- With the constant expansion of international law, the domestic jurisdiction of state is lessening. Example- After the Universal Declaration of Human Rights (UDHR), and other Human Rights conventions, violations of Human Rights is no more treated within the domestic jurisdiction of the state.
    • Thus, it can be concluded that these obstacles are being eradicated and international law is strengthening.

Conclusion

Therefore, it is safe to say that international law has been gaining ground with changing times and need, it is strengthening and teething.

Thankyou for reading. Hope it helps.