State Compliance Theory: Common Consensual Theory
International Legal Theory of the Present Time:
Common Consensual Theory
Definition of the Public International Law
Public international law is the law pertaining to the structure and the conduct of the sovereign states, intergovernmental organizations and analogous entities. In a narrow scope, the public international law could also includes the multinational corporations and individuals, which is recently developing well beyond the conventional legal interpretation and enforcement. Its use and importance has increased greatly throughout the previous century, mainly because of the improvements in global trade, communications and transportations.
The public international law is not to be confused with the private international law, which is concerning the resultion of conflict of laws and legal jurisdictions. This legal discipline generally consists of two main branches: the law of nations and international agreements and conventions which were based on separate foundations.
The issue of International Law
There are ongoing debates regarding to the status of “public international law”, and to a wider extent, the “international law” whether it is really a “law” in the usual context or merely a set of “norms”. This is mainly due to the fact that this discipline of International Law is still relatively young compared to other branches of law; it rose only less than a century ago.
Hart argued that the legality of International Law is problematic because it “…resembles law in form though not at all in content, a simple regime of primary or customary law”. The doubt that international law is really a law comes from these factors:
1. The absence of a centralized official law maker;
2. Vertical relationship between that law makers and its legal subjects;
3. The absence of secondary rules or even the rule of recognition which lies at the foundation of a full-fledged and autonomous legal system
However, despite the factors, most experts argue that
Common Consensual Theory
Definition of the Public International Law
Public international law is the law pertaining to the structure and the conduct of the sovereign states, intergovernmental organizations and analogous entities. In a narrow scope, the public international law could also includes the multinational corporations and individuals, which is recently developing well beyond the conventional legal interpretation and enforcement. Its use and importance has increased greatly throughout the previous century, mainly because of the improvements in global trade, communications and transportations.
The public international law is not to be confused with the private international law, which is concerning the resultion of conflict of laws and legal jurisdictions. This legal discipline generally consists of two main branches: the law of nations and international agreements and conventions which were based on separate foundations.
The issue of International Law
There are ongoing debates regarding to the status of “public international law”, and to a wider extent, the “international law” whether it is really a “law” in the usual context or merely a set of “norms”. This is mainly due to the fact that this discipline of International Law is still relatively young compared to other branches of law; it rose only less than a century ago.
Hart argued that the legality of International Law is problematic because it “…resembles law in form though not at all in content, a simple regime of primary or customary law”. The doubt that international law is really a law comes from these factors:
1. The absence of a centralized official law maker;
2. Vertical relationship between that law makers and its legal subjects;
3. The absence of secondary rules or even the rule of recognition which lies at the foundation of a full-fledged and autonomous legal system
However, despite the factors, most experts argue that