(international Law is a Weak Law —> Starke ) . International Law is a law in the true sense of the term. State Practice ag wel as the practices of the international judicial institutions affirm the legal Character of International Law. It is observed by almost all nations and almost al] the times because it is crucial for peaceful relations and cooperation. However, it has ¢ be conceded that it is a weak Jaw.’ Its rules are not as effective as rules of Municipal law are, It is so because of many reasons which are as follows : (1) Rules of International Law which exist as a result of international treaties and customs are not comparable in efficacy to State legislative machine, Rules expressed in treaties as well as customs are sometimes formulated in such a way so as to give wide options to the States parties” (2) There is no courtin the true sense which could decide the legal disputes of all the States. Although, International Court of Justice which is commonly known by the name of ‘World Court’ exists, it does not have jurisdiction to decide the disputes of all the States since the Court acts with the consent of the States only (3) Enforcement measures which are available under the system are not effective.‘ In municipal law it is assumed that the law will be enforced. If a person commits crime he shall be given punishment in accordance with law. In International Law this may not be the case, If a State wishes to summon another State before the International Court of Justice, the latter must itself have recognised the jurisdiction of the Court. Will of the disputant parties is a pre-condition before a case is decided by the Court? Further, on a number of occasions no enforcement measures are taken even if the action is regarded as illegal. For instance, no action was taken against the United States after its illegal invasion of Grenada and Iraq and NATO was not condemned for its action against Serbia. Further, the Court does not have any real power to enforce its decisions. If a party to a case fails to perform the obligations incumbent upon it 1. See Starke, op. cit., p. 19, 2. See Starke, op. cit., p. 19. 3. For detail see Chapter ‘International Court of Justice’. + available 4. Oppenheim says that it must be recognised that deficiencies in the means at present ae for the enforcement of International Law—including in particular the absence of nwith compulsory arrangements for the judicial settlement of disputes—make it, by Sane (wo i municipal law and the means available for its enforcement, certainly the weaker o that respect. ‘Oppenheim’s International Law’, Vol. I, Ninth Edition (1992), p. 11. 5, See Chapter ‘International of Court of Justice’, Scanned with CamScannerDefinition a and Concept o n under the decisi ‘Oncept of International | io . " : n Tender i © Securit SOM Fendered by . the Security Council which ig 2 hes COUrL the other party may have recourse to the So al have veto power, jnevlitical body. Since the permanent members of Council if the power j Yana Dumber of aries of cases no action can be taken in the eAlatserient is exercised 0 action can be taken in the tion agin et: Howove na ie. Council ha KE Pees inst the dee mie cases the Council has taken napintas in 1950 ant rey ak a Sint » For instance, it (ook military action . ules of Internati 7 during war and the eo! iat Aw are frequently violated b States, especial Although the Charter of the Unie fight y y States, especially International 1 he ited, Ne Lakes the law into his own hands, aw is far bet ations has reduced the area of self-help, 5) . ehind from being ‘ (5) Effectiveness of the municipal roe cmentive weak. The result is that the satel law lies in the fact that its units are quite effective and easy to maintain Mo's ABAinst breaches of the law are normally small and weak but atthe sone oe enational community is one wherein units are To compel the latter for the oho Some Of them are very strong and enormous. difficult on a. number ae Servance of the rules of International Law becomes, law-breaking assume an jpantions: Further, instances of International standard of observance ype ue, Prominence and suggest that the general s d ‘ance of the law is less high th: lly is. As I international community ee lt wely fe ae one framed by the fone tty self does not become stronger than the units, rules ‘Te former would be observed as per the convenience of the units. - seaemantetne led one to conclude that International Law is a weak law on Hr te ae because there is no legislature, and, while a court exists, it aaa only with the consent of the parties and has no real power to enforce its ecisions. However, it is too narrow to say that International Law as a law does not exist; but in the , in some ¢% wit ee Present state of civilization it is tragically ineffective. e ~ hile it is conceded that International Law is a weak law, it should not be até Taw is no law at all. It remains primarily’a law for States” and will continue to play its role as long as the World is divided into States. As far as its weaknesses are concerned, it is so because of its peculiarities and due to certain reasons. Development over the past half century in particular indicate considerable progress towards their amelioration. However, much has to be done, In future, it may acquire the status similar to that of municipal laws of a State shen these weaknesses are removed. Cx {In order to strengthen the rule of law in international relations, the General ly of the United Nations in 1989 declared the period 1990-1999 as the ‘United Nations Decade of International Law. The Assembly stated by adopting a resolution’ that the main purposes of the Decade should be, inter alia (a) to promote acceptance of and respect for the principles of International Law; (b) to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect of the International Court of Justice; (c), to encourage the progressive development and codification of International Law; and (d) to encourage the teaching, study, dissemination and wider appreciation of International Law. These activities have played a positive role in removing the f International Law. i alana to make International Law strong what is required is that it needs to develop formal institutions responsible for law creation and enforcement. A set Of rules that seeks to control States in their actions needs a stronger enforcement echanism if it is to achieve its goals. States are required to cooperate fully to rake International Law more effective as itis based on common self-interest and make Internation’ TL General Assembly Resolution 44/23, November, 17, 1989. Scanned with CamScanner cInternational Law is the Vanishing point of Jurisprudence In the light of above discussions, the analytical jurist, Holland’s remark International Law is the vanishing point of jurisprudence is not tenable. By that the words ‘vanishing point’ in relation to International Law and jurisprudence 8 meant that International Law and jurisprudence are parallel to each other, 4 he they therefore, are distinct and separate, though it might be appearing that qt are one and the same at vanishing point—a point at which parallel lines in same plane appear to meet. Thus, E in th , International Law cannot be kept in the category of law mainly because there is neither any sovereign authority . no} e] exists\sanctions if its rules are violated. He has given reasons for holding te above view. According to him : It is the vanishing point of jurisprudence, since it lacks any arbiter of disputed questions, save public opinion, beyond and above the disputed parties themselves, and since, in proportion as it tends to become assimilated to true law by the aggregation of States into a larger society, it ceases to be itself, and is transmuted into the public law of a federd government.! He has stated therefore that International Law “can indeed be described as law only by courtesy, since the rights with which it is concerned cannot properly be described as !egal."* It is submitted that while his view was pethaps correct at his time but present the same is subjected to severe criticism and therefore, it is not enable in the changed character of International Law. Scanned with CamScanner