ANJALI PANWAR

Why International Law is considered to be a Weak Law?

International law is a weak law because

• Existing International legislative machinery, operating mainly through lawmaking conventions, is not as efficient as State legislative machinery.

• There is no effective executive authority to enforce the rules of international law.

• The International Court of Justice lacks compulsory jurisdiction in the true sense.

• The court does not have jurisdiction to decide the disputes of all the States since the court acts with the consent of the States only.

• The court does not have any real power to enforce its decisions.

• As compared to rules of State law, the rules of International law suffer from greater uncertainty.

• Rules expressed in treaties are sometimes formulated in such a way so as to give wide options to the State parties.

• Due to lack of effective sanctions, rules of International law are frequently violated.

• It is difficult to compel the strong States for the observance of the rules of International law.

• International law has, in many cases, failed to maintain order and peace in the world.

• A great limitation of International law is that it cannot intervene in the matters which are within the domestic jurisdiction of States.

Suggestions

• The machinery to enforce the rules of International Law can be strengthened.

• The United Nations Charter should be amended so as to authorize the U.N. to intervene in such matters within the domestic jurisdiction of the States.

• The International Court of Justice should be given compulsory jurisdiction in the true sense over all international disputes.

• Also, Powers of the International Criminal Court should be strengthened to adjudicate cases relating to international crimes.

• In order to make international law changeable and adaptable in accordance with the changing times and circumstances, powers and scope of the activities of the International Law Commission should be expanded.

• The doctrine of judicial precedents should be applied in the field of international law.

In order to strengthen the rule of law in international relations, the General Assembly of U.N. in 1989 declared the period 1990-99 as the United Nations Decade of International Law. The assembly stated by adopting a resolution that the main purposes of the Decade should be,

(a) to promote acceptance of and respect for the principles of international law

(b) to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect of the international court of justice

(c) to encourage the progressive development and codification of international law

(d) to encourage the teaching, study, dissemination and wider appreciation of international law.

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Sanction

Sanctions by States: A State may apply sanction by means of self-help. The action taken in self-help is required to be in strict compliance with the provisions of the Charter.

Collective sanctions: International organisations which States themselves have established have been empowered to take collective sanction against State.

Public opinion: Public opinion is the ultimate sanction behind international law and for that matter any law.

Economic sanctions: include the complete or partial severance of economic relations against a State or the application of embargo.

Military sanctions: may include demonstrations, blockade, and other operations by air, sea or land forces of the members of U.N.

Political sanctions: though not expressly mentioned in the Charter) include appeal to a State to do or not to do certain acts, suspension of an exercise of the rights and privileges of the membership of U.N., and expulsion from the U.N. membership.

Types of Sanction

Effectiveness of Sanction