Pacta Sunt Servanda by Zainub @LECLIQ

“Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.”                                                     –  Oppenheim

 

International law is a group of rules considered legitimately official in the relations between public states. It is otherwise called the law of countries.

 

International law might be characterized as that collection of law which is created for its larger aspect of the standards and rules of lead which states feel themselves bound to watch, and thus, do normally see in their relations with

one another, and which incorporates likewise :

 

(I) The principles of law identifying with the working of global foundations or associations, their relations with one another, and their relations with states and

people; and

 

(ii) certain principles of law identifying with people and non-state substances so far as the rights or obligations of such people and non-state substances are the worry of the global network.

 

Analytical school of law don’t recognize International law as a true law because:

in our system we have 3 organs of the government which re Legislative (who makes laws), executive (keeps check) and judiciary ( keeps on check that justice is being observed. But in International Laws case who will keep check and who will record, this is where the question arises.

Jane Austin in his theory observed that-

Command, sovereign and sanction are the 3 requirements for any law and international law is missing all of them, it is only a code of rules and conduct of moral force only, does not originate from any law giving authority and no sanction behind it.

Jeremy Bentham, Hobbes and Pufendorff Observed that-

International law is missing all of the three organs of the government, and doeesn’t have binding powers and states are above them.

 

But- Hall and Lawrence observed that-

It is treated as positive law and is habitually treated and enforced as law, and just like Municipal Law their sources too is custom and precedent.

Pitt Cobbett-

He exclaims that International Law must rank with law and not with morality.

 

Currently-

We can say that it is somewhat effective because states recognizeit to be in their self-absorption to have legal rules.and states respect it and perceive it as a law abiding member as (Pacta Sunt Servanda- promises must be kept)

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