International Law Essay ⋆ Political Science Essay Examples ⋆ EssayEmpire

The term international law has replaced the older terminology law of nations in English and Romance languages, reflecting the diversification of the law and its subjects. Nevertheless, the general public international law covered by the old denomination still constitutes the core of the international normative order, serving as the rules of the game for international politics. These rules are based on international custom, as evidence of a general practice accepted as law; international conventions and treaties, binding the consenting parties; and a set of general principles of law. The system emerged in the period from the Peace of Westphalia (1648) until the end of World War I (1914–1918) and has since been adapted and enhanced by modern international law, such as the prohibition of the threat of or use of force and the growing body of human rights law. Originally a European legal order, international law became globalized through the process of decolonization. The acceptance of its rules is today a constitutive element of statehood. Compared to national legal orders, international law lacks a system of obligatory jurisdiction and a sovereign power to enforce its nevertheless binding provisions. Even if international law is at times violated, “most states are careful to observe most obligations of international law most of the time” (Malanczuk 1999, 6).

Bibliography:

Malanczuk, Peter. Akehurst’s Modern Introduction to International Law. 7th rev. ed. London: Routledge, 1999.

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