International Law and power politics: Is it Functioning as just?

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International Law refers to a law that regulates relations between states or nations in international society. As domestic law is needed for an orderly internal society which consists of numerous individuals, International Law emerged to preserve public order of international society that mainly consists of states or nations. Law exists where there is a society. In the same context, negotiation exists where there is a conflict and law exists for the process of negotiating conflicts. Likewise, international society needs International Law that is set up based on consent between each state. Most of the people would consider International Law as legally binding system in relations between states or nations. But unlike state’s own legal system ,which is generally known as national law, that is to protect its own citizens and their rights and properties within its territory, generally International Law is a consent based governance which itself has no binding forces which has a bit of difference from national law in terms of binding forces.

참고 자료

R.W. Dyson, Natural Law and Political Realism in the History of Political Thought (Peter Lang, 2005), vol. 1, p. 127.
The International Court of Justice. Article 38.(1)
William R. Slomanson, Fundamental perspectives on International Law, 6th edition (Wadsworth,2011), p.28
M.kaplan &N.Katzenbach, The political foundation of International Law (Newyork: John wiley &Sons,1961), pp.231-236
H.Chiu, Communist China’s attitude toward International Law, 60 Amer.(J int’l L,1966), quoting Ying T’ao recognize the true face of bourgeois International Law from a few basic concepts, in studies in international problems(1960)pp.46-47
B.Chigara, Legitimacy Deficit in custom: a deconstructionist critique 102(Aldershot,eng:Ashgate,2001)
Allied report: CMD. DOC 6531(1944, at 36)
Brownlie, Principles of public International Law 5(6th ed. Oxford Univ.Press,2003); J.Brierly, The law of nations 56(Waldock 6th ed. Oxford, eng:Clarendon Press, 1976); G.Maris, International Law: An Introduction 44(New York: Univ, Press of Amer,1984)
L.Henkin, Preface, in How nations behave: Law and foreign policy (2nd ed. New York: Columbia Univ. Press, 1979 at 47.
Address at Wash.DC,Apr.24,1908, reprinted in 2proceedings of the American society of International Law(1908)pp.14,19.
G.Will, The perils of ‘Legality’, in Newsweek, at66(10 Sept,1990)
J. Goldsmith & E, Ponser, in The Limits of International Law(Oxford Univ. Press,2005); S. Rossene, The Perplexities of International Law(Leiden.: Neth.: Martinus Nijhoff,2003)
Is there really “Law” in International Affairs?, 10 Transnational L. &Contemp. Prob.1(2000)
On Being an International Lawyer, 3 Loyola Univ. Chicago International L.Rev.(2006)pp.135-6.
Vickers, Mirand, The Albanians: a Modern History(London: I.B. Tauris,1999)p.170.
Roselli, Alessandro, Italy and Albania: Financial Relations in the Fascist Period(London; New York I.B. Tauris 2006)p.137.
이민정, “국가의 상대적 힘과 국제기구의 정치적 취약성: 국제사법재판소 콜푸해협 판례(Corfu Channel Case)에 대한 사례 연구”『이화여대 석.논』Vol.1(2012)pp.27-29.