Public International Law

Paper Summary:

In this article, the writer discusses that international law first emerged as a system of rules to govern relations between sovereign countries. The writer notes that amongst its many functions, international law serves to facilitate trade between nations, avoid conflict, and offer protection for citizens worldwide. It is argued by critics that International law is not 'real' law because, as distinct from national law, it lacks a well-defined and structured legal system. This essay addresses the fundamental elements of sovereignty, legislature, police, and courts, and their applicability to public international law in general. By examining these key elements, it is shown that in comparison to national law, international law is weak, ineffective, and not really 'law'.

Outline:
Introduction
Who Rules International law?
The Creation of International Laws
The Enforcement Debate
Non-Compulsory Courts?
Conclusion

From the Paper:

"In International law, all states are sovereign and as such are equal in theory. However, it can be considered that in today's International legal system the major players are western nations, most notably America. It is probable that these countries exert more of an influence on the world stage than smaller nations, effectively making the international legal system unequal. In a national legal system, the sovereign is generally well defined. However, International law has no such structure, and lacks a sovereign. The sharing of sovereignty between states is a weakness of the international legal system that is generally not found in national legal systems."

Sample of Sources Used:

• Blay S, 'The Nature of International Law', in S Blay, R Piotrowicz & M Tsameny (eds) Public International Law: An Australian Perspective, 2nd ed, Oxford University Press, Victoria, 2005, pp. 1-19.
• Chisholm R & Wettheim G, Understanding Law, 6th ed, Lexis Nexis Butterworths, Australia, 2002.
• Corkery JF, Starting Law, 2nd ed, Scribblers Publishing, Mudgeeraba: QLD, 2002.
• Heilbrann G, Latimer P, Nielson J, Pagane T & Kovacs D, Introducing the Law, 6th ed, CCH Australia, 2002.
• Parkinson P, Tradition and Change in Australian Law, 3rd ed, Lawbook Co., Pyrmont: NSW, 2005.

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