The Relation of Society and The International Law

(M Yudhistira Bintang Pradana | B1A022104)

International society consist of many country on this world, is the common life of an independent
and equal state. First thing that must be proved is the existence of this some countries of the world.
The relationship between the international community and international law is closely
intertwined. International law consists of a set of rules, principles, and conventions that govern the
relations between states and other international entities. The international community encompasses all
actors operating at the international level, such as states, international organizations, non-state entities,
multinational corporations, and individuals with roles in international affairs.
The existence on international law is actually assume that the existence of international society
that set by the law itself. In other word, to assume that there are or there must be international law,
first we must have international society as the sociological foundation of this law material.
1. The Existence of international society as sociological foundation of international law
With the Existence of the big amount of countries on this world is an unbeatable fact and it is
obvious to any person who pay attention to everyday life. Number of countries in this world this day
is more dan hundred country. But many countries doesn’t mean that also many international society
first must be a fixed and stable relation inside the member of international society, if that country live
isolated by each other.
Mutual need between a country and the others in many aspect on live is making a fixed and
repeated relation between nation to the others, and causing the existence of need for maintaining and
organize this relation, because the needs between nations are reciprocal, and are the common interest.
To organize, setting, and maintain this international relation, we need law that guarantee the
element of certainty, that needed in every regular relation.
Beside that a formal relation between nations, people can make a direct relation from individual
people or combined at trading, religion, knowledge, sports etc, that cross the national borders. So
International society is actually a relation of live between people.

2. State Sovereignty: The Essence and function in International Society

The nature of the function of sovereignty in international society needs to be explained
considering the important role of the state in society and international law today. Sovereignty is a
difficult word because people give it different meanings. According to history, the origin of the word
sovereignty, which in English is known as the term souvereignity, comes from the Latin word
superanus, meaning the top. The state is said to be sovereign or sovereign because sovereignty is an
essential trait or characteristic of the state. When it is said that a country is sovereign, it means that
the country has supreme power. this definition of state sovereignty as the highest authority that has
given rise to many misunderstandings.
Indeed, at first glance, the possession of supreme power by the state is contrary to international
law as a legal system that regulates international relations, especially relations between states. It can
be argued that international law cannot be binding on a state if it is the supreme power that does not
recognize a higher power above it.
In such an organizational structure of the world community there is no place for a sovereign
state. At the top of such a world state there will be a world government. However, as we have pointed
out in the introductory chapter, the reality of the international community today is far from so. The
global community with a world government is still far from realization. It is a fact that today's
international community consists of states that are largely independent of each other. In addition, it is
based on a mistaken understanding of the nature of the contemporary world community, which leads
attacks on the concept of sovereignty to miss the mark. The idea that sovereignty is an obstacle to the
growth of international law is also based on a flawed understanding.
By its etymological origin, sovereignty indeed means supreme authority. A sovereign state
means that it does not acknowledge any higher authority than its own. In other words, a state
possesses a monopoly of power, a distinctive characteristic of contemporary societal and state
organizations that no longer permit individuals to take actions on their own.