Relationship Between International Law And International Governance

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This analytical review paper discusses the relationship between international law (module 3) and international organizations in establishing global governance (module 1). While international relations exists in an anarchic state, interactions and activities that occur internationally are relatively organized. International organizations impart purpose and direction in the form of governance upon international affairs. In the absence of a world government, international organizations and international laws work in conjunction to establish some order. I argue that effective world governance can be achieved in the absence of a world government and international law plays a role in that. Furthermore, I argue that in order to accept that effective …show more content…
In sum it is the way both individuals and institutions manage their public affairs to realize a common good. On the international level governance exists with “no capacity to ensure compliance with collective decisions" (Weiss,2009,257). The concept of global governance connects to international organizations as it imparts purpose and direction to the institutionalized activities of these organizations (Busumtwi-Sam, 2016,Module 1). International organizations like NGOs and IGOs help to lessen transactions costs and overcome the obstacles of international cooperation, which is a function of governance (Weiss,2009,262). An important distinction that needs to be established is that between international organization and international organizations. The former describes the overarching processes through which relations and actives internationally are organized, the latter refers to the specific institutions that arise to accommodate these processes (i.e. IGO’s and NGO’s). Governance on the international level is achieved through the help of international laws. Hard and Soft laws provide the framework for international organizations and its goal of …show more content…
These questions arise from the perspective that law is “the command of a sovereign” (Busumtwi-Sam, 2016,Module 3). In a true legal system there is a hierarchical authority with institutions and mechanisms to make laws, interpret these laws and determine whether a law was violated (Busumtwi-Sam, 2016,Module 3). Within the international system there lacks a centralized over arching government who enforces the law. Furthermore, the sovereignty of states prevents them from being forced to obey rules and thus critics of international law see it as a set of normative guidelines and not genuine law (Busumtwi-Sam, 2016,Module 3). However, I see international law as legitimate law, although it operates differently from national law. All legal orders require recognized means for making laws, and international law has that through “treaties made by states or through historical usage and traditional customary law (Busumtwi-Sam, 2016,Module 3). Means for making laws does not necessarily have to occur through formal legislative processes, as it does in most Western domestic legals systems (Maclean,1991,235). Another requirement of legal orders is that they have judicial processes to settle disputes (MacLean, 1991,235). Within international law judicial processes is achieved through the use of domestic national courts and

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