Question

What is International Law? What are the sources of International Law? Why is it difficult to enforce? What are the specific areas of International Law? What is the World Court and how is it different from the International Criminal Court? What are the problems with both of these Courts?

Answer 1

ANS. International law is a collection of rules governing relations between states. It is a mark of how far international law has evolved that this original definition omits individuals and international organizations—two of the most dynamic and vital elements of modern international law. Furthermore, it is no longer accurate to view international law as simply a collection of rules; rather, it is a rapidly developing complex of rules and influential—though not directly binding—principles, practices, and assertions coupled with increasingly sophisticated structures and processes. In its broadest sense, international law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors—i.e., primarily sovereign states but also increasingly international organizations and some individuals. The main sources of international law are treaty law, international customary law and general principles of law recognised by civilised nations.

Treaty law

Treaties and Conventions are written agreements that states willingly sign and ratify and as such are obliged to follow. Such agreements, which are also called statutes or protocols, govern the mutual relations between states. They are, however, only binding on those states that have signed and also ratified the particular treaty.

Reservations, declarations and derogations

Many states are involved in the process of drafting a treaty, which often includes stark disagreement on the scope and content of the agreement. In order to increase the number of signatories and ratifications of a treaty, and hence global order, international law does allow for states to limit the full application of a treaty, or clarify their specific understanding of the legal content. This is done through reservations, declarations and derogations.

Customary international law

Customary international law is made up of rules that derive from "a general practice accepted as law". Customary international law is comprised of all the written or unwritten rules that form part of the general international concept of justice.

Unlike treaty law, which is only applicable to those states that are parties to the particular agreement, customary law is binding upon all states, regardless of whether they have ratified a treaty.

International Law, unlike most other areas of law, has no defined area or governing body, but instead refers to the many and varied laws, rules and customs which govern, impact and deal with the legal interactions between different nations, their governments, businesses and organizations, to include their rights and responsibilities in these dealings.

The International Court of Justice (ICJ) is a civil court that hears disputes between countries. The ICC is a criminal court that prosecutes individuals. Other international criminal tribunals, namely the ad hoc tribunals for Rwanda and the former Yusgoslavia, are similar to the ICC but are temporary and have a limited geographical scope. The ICC is a permanent court, and is global in its reach.

three serious problems

The first concern is a practical one: long trials are expensive, and they consume resources with such veracity that international tribunals are often unable to carry a sizable caseload or deal swiftly with new crises. The second concern verges on the philosophical. Criminal courts across the globe recognize the basic right of accused persons to trial with undue delay; however, international tribunals’ demonstrated inability to assure this right threatens both their functionality and their perceived legitimacy worldwide. The third concern is utilitarian: that the international tribunals’ inefficiency may ultimately undermine whatever deterrent effect they have on the world’s most malevolent wrongdoers.