Is There Such a Thing as International Law in the World Today - Term Paper Example

Additionally, treaties like the Geneva Conventions may at times require the conformity of national law (De Boer 2001). The implication of this is that there is a world order that all countries abide to but with no clearly drafted international laws that ought to be followed by all nation states. Additionally, certain issues like homosexuality, differences in political ideologies and gender discrimination prevent international laws from achieving legitimacy. International law therefore is a set of laws formed by international treaties, customs, and other organizations that govern the relations between or among different sovereign nations.

Here, the international customs refer to the customs that have evolved over centuries. Treaties and international agreements on the other hand are agreements among different nation states. The international organizations and conferences are mainly composed of different sovereign nation states and are normally bound by a treaty, for instance the 1980 Convention on Contracts for the International Sales of Goods (CISG). The Nature of International Law International law is very different from the other areas of law because it does not have a defined governing body or area but instead refers to different set of rules, laws and customs that impact, govern and deal with the legal interactions between different nation states, governments, organizations and businesses.

It comprehensively deals with the rights and responsibilities of the involved parties clearly defining and elucidating the procedures to be followed in case of any misunderstandings. International law cuts across many countries and regions which makes it agreeable to all the member states. For this to be possible, it borrows charters (i.e. the United Nations Charter), agreements, accords, and treaties, legal precedents of the International Court of Justice (The World Court), memorandums and tribunals.

What makes international law a voluntary endeavor is that it does not have a unique enforcing entity and governing body. This means that for any enforcement to exist, all the signatory parties have to consent and adhere to that specific decision and assist the court in the implementation process. A good example of this is the East African Community where the member states have laws that govern them as a unit. The laws that address matters of international concern include both the statutes created by governing bodies (civil law) and the common law (case law) because of the diverse nature of the different legal systems and historical backgrounds of the different countries involved.

Under the international law, all the facets of national law are covered and go on to include aspects like substantive law, remedies and procedure. In order to make the laws operable in the signatory countries, there are certain principles or guidelines that are normally followed when it comes to their formulation and implementation (Alam 399). However it should be noted that they only work on the basis that there is courtesy and respect between the member states. The principles of International Law The Principle of Comity The principle of comity provides a code of decorum that governs court interactions among the different localities, foreign countries and member states.

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