International Law Is Not Law Essay

920 Words Aug 30th, 2015 4 Pages
Introduction International law is not law. Law is defined as ‘a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority’ . The aim of international law is to alter a states’ behaviour . Firstly, this essay outlines what a treaty is and what its purpose is. Secondly, this essay examines the principle of Pacta sunt servanda and consent. Pacta sunt Servanda is meant to bind states to their word, thus making treaties binding. This section demonstrates how Pacts sunt Servanda is not binding. Thirdly, this essay examines the problems with the current means of enforcing international law; such as collective action and sanctions. Treaties
Treaties are a primary source of international law . A treaty is an agreement between several nation states. It covers any aspect of international relations. Treaties are binding under the principle of Pacta sunt servanda.
Pacta Sunt Servanda
Under Article 26 of the Vienna Convention of Law treaty, Pacta sunt servanda states “[e]very treaty in force is binding upon the parties to it’ . Pacta Sunt Servanda is binding. It proposes that, when a state consents to a treaty, that state’s consent is binding.
However, under articles 11-16 of the Vienna Convention on the law of treaties, treaties are binding when signed or ratified . For example, Iraq signed the Rome statute, but failed to ratify the treaty. As such, the Vienna convention does not apply to…

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