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Law onluy exist in society. Law of Nations = Society of nations exists civilized world constitute society or community.

Origin: Kindred nations of western Europe, bounb by unity of christendom. immense growth/development made staetes mutually dependednt on the other interdependence=materialistic and not enough without common social consciousness , = shared responsinility, sentiments for common life Int' law ought to be classified as branch of ethics rather than law. denial of legal character =inconvenient /contrary to juristic thought inconvenien= if nothing but intl morality, it's not whole, difficult to distibguish morals of state from the other Stae commit act injurious to other state but not contrary to intl law, it is jus t not said contrary to juristic thought =intl law questions are treated as legal questions by foreign offices =act not defended as to its morality but WON there is violation of law/rules Sir Frederick Pollock writes "only essentialconditions for existence of law is e xistence of political community & recognition of its members of the rules that bind them International law = system of customary law (w/in last 2 generations) , = a super structure of conventional or treaty made law violation of law are rare in a customary system, so as is in intl law intl law is observed because demands of states are not exacting but for convenie nce) not the strength of police force but strength of the law intl law is far from primitive & needs a strong and elaborate system of law for regulation of clashes of state interests WEAKNESS: no legislature to keep abreast of chaning needs of intl society no executive power to enforce law inadequate administrative bodies (resort to them is not compulsory) restricted range:state sovereignty law will not be effective in intnl relations unless involve domestic jurisdictio n not nature of law to provide solutions as uncertainty cannot be eliminated from law Difference of Intl law from Law of State is degree, not of kind. (depending on p ractical implication on general principles) Importance of Use: depends on aim. Foreign offices like legal advisers, hearing in intl tribunal. affect particular interest or individuals eneble states to carry on day to day intercourse

Example. not being a command of any sort. It is a "declaration of intent wherupon the participating states can rely subjec t to the inherent limitations" (States Observe Intl law w/o actual compulsion coz it is within the interest of all nations concerned to honor their obligations under intl law. in intl law. or use of force.) =last resort wherby disputes are settled between states = crude way for injured state to assert/defend its rights (nothing defenite/certain is put in place as a means of settlement) =war/aggression has been repressed but no progress yet in enforcement of intl ri ghts/obligations Foundation of Authority of Intl Law = the fact that the state making up the intl society recognize it as binding upon them irrespective of their individual wills . no need for sp ecial enforcement action. (in intl law.De visscher: " there can be no international community so long as the political ends of the state overshadow the human ends of power" John Austin (Test): "SOvereign is defined as a person who receives habitual obed ience from members of the independent political society. does not mean actor is arraigned) In north atlantic treaty: No participating state of a treaty considers itself t o have acquired the right to demand the course of conduct of other participating states. do not infrigned on rights of foreign diplo mats coz we want to protect our own foreign diplomats based in other foreign nations as well) Cannot disregard obligations under intl law coz of the benefits it likewise expe cts from the same (a nation oftne renegading treaties will find it hard to conclude commercial tre aties beneficial to itself. wars . International law enforces itself coz of complementary interests. what controls the conduct is the complementray benefits/interests accdg to kelsen: intl law is true law coz it provides sanctions (reprisals. Self-note: What controls the conduct or makes it coercive is the sanction impose d. Austin test means that international law is not law. JOhn Besset Moore: international law is as well observed as national law "Law habit" is occasions wherein intl law is complied with and honored than flou ted or breached.. & who in turn do not know such obedience to any other person " Rule of the test above is that Rules of Intl law did not qualify as rules of "po sitive law". though an act is condemned.

acts. persia) -1920 League of Nations was created & open to any state (beginning of present in tl law) . prohibiting the use of force is no t -those that are part of the law of the land NGOs (e. -mid 19th century. are like countermeasures.not involve armed forces (contrary to intl law) to induce comp liance Acts of Retorsion . -"law of nations" regarded it to have universal application but really is just p ublic law of Europe.1914. extended to asia (japan. although unfriendsly. system of collective enforcement of peace & se curity was initiated (through UN in place of Self-help) -change in the balcance of interest & values of communities.SELF-HELP= for injured state Forms of self-help: Countermeasures .g gpower of World bank to grant or withold of development funds Effective enforcement of intl law: through national courts.resort to war was made illegal.g. -The 1st intl law was extended at end of 18th to the beginning of 19th century t o states that succeeded the european rebel colonies of North & south America respectively.powers are backed up by power of the state Which issues can be subject to national legislation (not all intl laws are subje ct)? -diplomatic & sovereign immunity are applied. GreenPeace) play impt role in dessimating information to enforce tre aty obligations & bring pressure to states for compliance ORIGIN OF INTL LAW: the law created to govern the relations of the society of Christian States (form ing Europe) provided the basis for the present [INtl] law. commu nity-minded kind of law : -human rights -international environmental law In science: -Outerspace -deep sea-bed . Turkey was 1st non-christian ssubject of intl law .shaped the intl rules Oppenheim's doctrine: "state's solely & exclusively are the subject of intl law" Increase of subject matter of Intl Law : (to cover what friedmann called" the intl law of cooperation". from those states t hat gained independence. limited in scope exercisable by security council) Example: exclusion from benefits e. not il legal under intl law sanctions (w/in power by UN. china. a positive.