Is International Law Even Law?: International Law from an International Relations Perspective

International law is distinct from domestic law as it lacks a higher authority above states. States are both creators, enforcers, and adjudicators of international law and are subject to it. Despite this, states often comply with international law and defend their actions as within compliance with the law due to political motivations. Understanding the components of a sound legal argument and the political motivations shaping how laws are created, followed, and ignored is essential to understand when and why states treat international "law" as the law in our international system.

Format: Hardback
Length: 240 pages
Publication date: 07 May 2021
Publisher: Lexington Books

International law stands as a distinct realm, profoundly different from domestic law, raising questions about its legitimacy. Unlike domestic law, where states possess the authority to create, enforce, and interpret laws, international law operates without a supreme governing body above states. As a consequence, states assume the roles of both creators, enforcers, and adjudicators of international law, while simultaneously being bound by it. What is particularly intriguing is that, despite lacking a superior authority, states often adhere to international law, even when it conflicts with their national interests. Moreover, when they do violate international law, they vigorously defend their actions, claiming they are in compliance with the law. To unravel the complexities of when and why states treat international "law" as the law within our international system, it is essential to comprehend both the elements of a robust legal argument and the political motivations that shape the creation, adherence, and disregard of laws.

International law, a complex and multifaceted legal framework, distinguishes itself from domestic law in fundamental ways. One of the most notable distinctions is the absence of a supreme governing body above states in the international legal system. Unlike domestic law, where a central government or legislature can establish, enforce, and interpret laws, international law relies on a network of treaties, agreements, and customary practices among sovereign nations. This decentralized structure creates unique challenges and complexities in the enforcement and interpretation of international law.

One of the key differences between international law and domestic law is the lack of a single, universal authority that can enforce international law. In the international system, states are the primary actors responsible for upholding and enforcing international law. While international organizations, such as the United Nations (UN) and the International Criminal Court (ICC), play important roles in promoting and facilitating international cooperation, they do not have the same enforcement powers as states. This means that states must take responsibility for their actions and obligations under international law, regardless of whether they are signatories to a particular treaty or agreement.

Another distinction is the scope of international law. International law applies to all states, regardless of their size, power, or status. It covers a wide range of legal issues, including human rights, environmental protection, trade, and warfare. International law aims to establish a set of rules and principles that govern the interactions and relationships between states, promoting stability, peace, and cooperation among nations.

Despite these differences, states often adhere to international law, even when it conflicts with their national interests. This adherence is driven by a variety of political and economic factors, including the desire to maintain international peace and security, promote economic growth and trade, and uphold the principles of human rights and democracy. States also recognize the importance of international law in shaping their interactions with other nations and the global community, and the potential consequences of violating international law, such as sanctions, diplomatic isolation, and even military intervention.

However, the adherence to international law is not always uniform or consistent. There are instances where states may disregard international law for various reasons, including political expediency, national security concerns, or economic self-interest. For example, states may engage in military actions or violate human rights without facing consequences under international law, particularly when they believe that their actions are necessary to protect their national interests.

Understanding when and why states treat international "law" as the law in our international system requires a deep understanding of both the legal and political dimensions of the issue. Legal scholars and policymakers must analyze the provisions of international treaties and agreements, as well as the broader legal principles and norms that govern international relations, to determine whether a particular action or behavior is consistent with international law. Political motivations, such as domestic political pressures, geopolitical interests, and economic considerations, must also be considered to understand why states may choose to adhere to or disregard international law.

In conclusion, international law stands as a distinct realm, profoundly different from domestic law. Its decentralized structure, lack of a single universal authority, and broad scope of legal issues create unique challenges and complexities in the enforcement and interpretation of international law. Despite these differences, states often adhere to international law, driven by a variety of political and economic factors. However, the adherence to international law is not always uniform or consistent, and there are instances where states may disregard international law for various reasons. To understand when and why states treat international "law" as the law in our international system, it is essential to analyze both the legal and political dimensions of the issue, and to work towards promoting greater adherence to international law and its principles.

Weight: 478g
Dimension: 158 x 236 x 20 (mm)
ISBN-13: 9781793628718