Question

Is International Law really Law? Why or why not. Explain.

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Answer 1

Is International Law really Law? Why or why not. Explain.

International law is a law for the member nations, while for few nations it does not represent as a law as there is no treaty framed to accept them. International law is a law that is binding on nations, who have based on a treaty agreed to adopt it in their law and relationship among the member nations. Apart from these, nations have their own domestic law. Few countries consider these international laws as guidelines for framing their domestic law. While few others do not abide by the international law but follow their specific law.

Argument stating International Law is really Law: For member nations who have similarity of interests, environment etc., come forward to adopt International law through treaty and amend their domestic law based on the International law. They are used to enable international, regional trade collaborations and groups. INCOTERMS, International human rights law, WTO Law, etc., are examples of International law. All nations those who wish to establish mutual cooperation and understanding among nations follow the International law and countries who are novice in framing law in specific areas adopt the international law into their domestic law and follow it. In international trade where trade occurs between various nations, International law is adopted to ensure smooth trade and uniformity of law. In the event of disputes, settlement of issue is much faster when the law followed is uniform. Trade terms are often subject of confusion in International trade, but with the introduction of INCOTERMS, the duties and responsibilities of seller and buyer is uniform among the nations involved in trade.

Argument stating International Law is not really Law: When considering nations who are independent and self-sufficient in their resources, or has a superior law set in place when compared to other nations, in such cases International Law is not really law and hence they follow their domestic law. These nations may have superior human rights/ policy or does not require a need for common trade with other nations. There are situations where nations show restraint against international law, as it does not suit their ecosystem or their internal system may not support in implementing International Law. In some cases reports indicated that nations expressed fear of domination by other member nations, which may be detrimental to their growth. In such situations International law is not a law.

Hence International Law is a law and not a law; it depends on the nation and their ecosystem. However large majority of nations falls in common category of adopting International law for ease of trade, dispute settlement, ensuring human rights, etc.,