PUBLIC INTERNATIONAL LAW I Dersi The Nature and Development of International Law soru detayı:
SORU:
What are the reference points of the critics who do not consider international law as "true law"?
CEVAP: Critics always draw a parallel with municipal (State) law and are wary of the absence of a legislative body, the hierarchy of courts, and enforcement machinery under international law. They argue there is no machinery at the international level that is similar to a State that would make, implement, and enforce law. The breaches of international law that led to wars or armed conflicts, non-observance of treaty obligations, and other blatant violations of international law have been quoted as examples of total absence of an international legal system. Critics have also used the absence of effective sanctions as another reason for challenging its legal character.
Critics always draw a parallel with municipal (State) law and are wary of the absence of a legislative body, the hierarchy of courts, and enforcement machinery under international law. They argue there is no machinery at the international level that is similar to a State that would make, implement, and enforce law. The breaches of international law that led to wars or armed conflicts, non-observance of treaty obligations, and other blatant violations of international law have been quoted as examples of total absence of an international legal system. Critics have also used the absence of effective sanctions as another reason for challenging its legal character.