Discussion whether International Law Is a Law or Not

Abstract

Black’s Law Dictionary, defines Law as “a rule or method according to which phenomena or actions co-exist or follow each other. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law”. It further defines “Municipal Law” as “the ordinances and other laws applicable within a city, town or other local government entity”. Lord Denning M.R., in the case of Trendtex Trading Corp. v Central Bank of Nigeria, defines international Law as the sum of rules or usages which civilized States have agreed shall be binding upon them in their dealings with one another. Each country in the world formulates laws to govern the society in an efficient manner and ensure peace and security. Similarly, at the international level, when countries come together at a common platform to formulate law that governs intercourse between them, it is referred as international law. However, there are skeptics if International law is a true law or not considering its unfairness when dealing with African nationals accused of serious crimes such as; war crimes, genocide, crimes against humanity and crimes of aggression just to mention a few. It will, of course, be realized that the basis for this line of argument is the comparison of Municipal law with International law, and the assumption of an analogy between the national system and the international order. Thus, the absence of some municipal mechanisms have given rise to doubts as to whether international law can really be law properly so called. Therefore, this paper has attempted to discuss what jurists have contributed on nature and function of International law. This paper proved that all law mentioned requirements are present in International law. In comparison with Municipal law, International law may be regarded as a weak law, not because of its binding quality, but because of its less organized approach to the problems of adjudication and enforcement. It is true that international law differ from municipal law in its subject, its object of regulation, the method through which norms are formed, compliance and method for applying sanctions. In addition, there is no system of courts, the International Court of Justice does exist at The Hague but it can only decide cases when both sides and it cannot ensure that its decisions are complied with. Above all, there is no executive or governing entity. However, international law possesses basic attributes of law which are applicable in Municipal law. These include; expression of will by States, the process of creating norms, the binding character, the enforcement and compliance, and sanctions. Furthermore, Municipal Law is essentially a centralized system, whereas, International Law operates in a decentralized system. Generally speaking, international law is treated and observed by States as law with binding authority, and States generally comply with their international obligations. Therefore, International Law is a law.

Keywords: Law, International Law, Municipal Law, Binding, Bias and Enforcement

JEL Classification: K00