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建立人际资源圈Nature_Of_International_Law
2013-11-13 来源: 类别: 更多范文
Nature Of International Law
INTERNATIONAL LAW
QUESTION:
Is international law law'
Definition of Law
Law is defined differently by different schools of thoughts. Some attribute more importance to one element of law than the other elements. For example positivists define law as a command of state that is backed by the state's enforcement power. They are in the opinion that without the power of enforcement, no system of rules can be regarded as a system of law.
Although different definitions law exist, it in general terms, can be described as the body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects.
Internatioanal law is defined as a set of rules and principles created between states ans instutional subjects of internatioanal law such as the UN, either for their own purposes or as a means of facilitating the functions of organisations of which they are memberes.
There are clear differences between international and national law. National law has a supreme authority, and based on principles of command, obedience and enforcement. There are law making, law determining and law enforcement agencies. However, International law lacks a supreme authority. States are legally equals. It is based on
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