Is there international law - Essay Example

The vast organization that constitutes international law includes an assortment of international traditions, formal contacts, pacts, consensus, and charters such as the United Nations Charter. The United Nations Charter has various codes of conduct or protocols, law courts and summaries of legal agreements which include legal examples of previous decisions handed down by the International Court of Justice. In the absence of a potent governing apparatus to enforce implementation of international law, international law is confined to the parameters where enforcement of international law is only possible when those in power agree to abide by the law (MacCormick 259).

The underlying argument of this paper is whether there is international law which every country confides and abides to fully. Countries have different governing systems, and they usually adhere to their own version of international law which might include both case laws and legislation in their country. The adherence to international laws includes practical implications, measures and legal redress. These principles are recognized as part of international procedure which are implemented as a courtesy and respect for the Charter of the United Nations.

This Charter includes but is not limited to national and international laws for respecting human rights and the sovereignty of other countries. They also include international laws regarding investments, offshore banking, tariffs, imports and exports, contracts, dumping and much more. However, to be recognized as a sovereign state, it is mandatory for a state to have its own government and defined territory (Wood 169). The sources such as international organization like the United Nations which are involved in the international law making processes face difficulties in formulating and implementing international laws since this is a complicated process that has to take into consideration any issues which that specific international law may produce.

Determining the basis of international law will also include its claim to legal authority, its legality and rationalization and why should people be in compliance with such laws. The issue of origins is commonly addressed by international scholars by referring to the prescribed sources of international law, most specifically sources that are found in Article 38 of the 1945 International Court of Justice Statute treaty law and universal philosophy and ethics, supported by other reliable sources such as case laws written by renowned scholars.

The legal philosophy advocated by Grotius is not written in the constitution, but refers to respect accorded to other sovereign states. This had become absolutely necessary during the early seventeenth century because there was no way of enforcing international law and the monarchies that had power or had seized power refused to adhere to or obey any law except their laws. All disagreements between states were settled by the use of military force (Kammerhofe 88). Conventionally, the states have used established international law makers and have formulated laws that apply to specific issues within their own states and the same laws are applicable to other states and individuals equally.

Consequently, there