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Compare and constrast the enforcement of domestic law and

enforcement of international law?


Domestic Law International Law
Source Văn bản quy phạm pháp luật International treaties and
Án lệ conventions
Quy phạm tập quán International customs
General principles of Laws
recognizing by civillized
Format Compulsory Voluntary
Enforcement Military, police, court, prison No, only certain coercive
agency measures are self-enforcing,
individually or collectively
Objective Government agencies, The legal provisions on
private individuals, international intercourse of the
individuals and groups of States are organized as
individuals in society territorial entities, limited in
number and consider yourself,
in spite of obvious practical
differences in reality, as
sovereign and legal equality.

International law is law created by States through their consent and agreement, as opposed to domestic
law, which is created by the State authorities binding individuals without their consent. There is no
government over and above States. States are independent, autonomous, sovereign, and legally
unsubordinated either to one another or to any other authority. International law is accepted in practice
as legally binding by States in their intercourse. While international law is clearly weaker than municipal
law from the viewpoint of independent enforcement, it still provides the relevant terms of reference for
the conduct of States in their international relations, based on the fact that, in spite of all differences as
to their size, power or policies, they have to exist within the single international community without any
form of international government. The impact of power and politics is much more immediately
recognisable and directly relevant in international law than in national law. The lack of central
government over and above States is certainly responsible for international law being less enforced than
national law, and for increasing temptation to violate it.

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