International Law Is Not A Law Case Study

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Recommended: Differentiate between international law and domestic law

A. INTRODUCTION According to the legal experts, John Austin, Spinoza, etc, international law is not a law. Here are the reasons why John Austin and Spinoza considered that international law is not a law:
• International law does not has strong executive power.
• International law is coordination, it does not subordination.
• International law does not has legislature, judiciary, and polisional.
• International law cannot impose the will of the international community.
Some reasons above are less precise. The law is still exist even though there is no legal entity. International law may be ineffective because there is no legal entity. It does not mean that international law does not exist in the world. It is very important to establish a comprehensive legal framework governing the question of jus ad …show more content…

While the resolution referring to the “serious consequences” Iraqi for non-compliance, it does not define the term or whether it contemplates the right to use violence. Given the importance of positive things as well as the authorization required under Chapter VII of the United Nations Charter , if the council had intended the resolution 1441 to lead an invasion of Iraq, surely it would have categorically authorized member states “to use all necessary means”. Conflicting intentions of the United Nations Security Council (UNSC) adopted a resolution, which must be interpreted in good faith, in the context and in the light of its object and purpose, clearly can be inferred from non preparatoires. People’s Republic of China (PRC), Republic of France, and Russian Federation all stated that they supported the resolution based on there is no “automaticity in the use of force”. This was also stated by John Negroponte, and then the United States Ambassador to the United

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