This Blog is written by Rajan Kumar, a First-Year Law Student of Chotanagpur Law College, Ranchi

Introduction:

The blog starts with a very basic question what does international law mean and does this mean that this law is abiding in every nation of this world? If it is a law then why it is termed as a weak law? What are its loopholes? Who is the governing authority? At the end of this blog, we will get an answer to all the questions raised.

The word “international” consists of two words ‘inter’ which means ‘among’ and ‘nation’ which together defines the word ‘international’ as “among or between nations”. In the modern world countries lust after growth and development in every aspect possible but due to some geographical, political, social, and economic diversity among them growth and development become unattainable and that is why the interdependency factor among nations has notably risen. This has given birth to the rise of interrelation or international relations among nations so international law and international relations are interconnected. International law also known as “law of nations” is a set of rules based on treaties, customs, and general principles of law that regulate the relation between sovereign nations and other actors that are included in the subject. The objective of international law is to promote peace and progress among nations to refrain from wars and international disputes for the welfare of humanitarian society and to make the world a better place.

DEFINITION OF INTERNATIONAL LAW BY SCHOLARS:

According to professor L. Oppenheim: - “Law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other”

According to J.G. Starke: - “international law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which state feel themselves bound to observe and therefore do commonly observe in their relation with each other”

WEAKNESS OF INTERNATIONAL LAW

According to Sir Thomas Erskine Holland a British jurist, International law is the vanishing point of jurisprudence because there is no judge or arbiter to decide international disputes and the rules of international law are followed by states in courtesy. In international law, there is no strong authority to control the arbitrary actions of nations or States. Rules are followed by states just to show a kind gesture towards the world but it is not a compulsion for them to follow the rules and that is why international law is considered as a weak law. This weakness is reflected especially when compared with municipal laws as municipal laws are not followed by courtesy but by compulsion.

Here are some key points that exhibit the placidness of international law:-

· LACK OF LEGISLATIVE POWER: - The major drawback in international law is there is no such legislative body that is directed to make laws on behalf of subjects of international law. All the rules are based on treaties, conventions, and agreements that Is why it is not an obligation for the states to follow those rules. Every state interprets those agreements and treaties as per their interest and they can get away with the rules whenever they feel the need for it. Due to the absence of a legislative body, it is unfeasible to regulate a singular set of rules that would apply to all and this contributes to making international law a weak law.

· ABSENCE OF EXECUTIVE AUTHORITY: - There does not exist any effective executive authority that can enforce the laws made under the purview of international law. According to c.w Jainks, “there is no adequate enforcement machinery that for the applicability of international law”. The absence of executive authority results in frequent violation of laws by the states and hence there is no executive machinery the states are generally awarded no punishment or penalty but in case of penalty the state has the right to approach the UN Security Council which is a political body therefore its decision may be politically motivated resulting in providing unjustified safeguard to the culprit state. A law without executive authority to enforce it is like having a high-power gun with no bullets inside it.

· LIMITED INVOLVEMENT OF DEVELOPING NATIONS: - The limited involvement of developing nations is another reason for the weakness of international law. There are only a few countries that truly abide by the rules made by the international authorities and that is why other countries do not find it sensible to get involved as a subject of international law. Due to the involvement of a few influential states international law is commonly seen as being biased towards them only and putting unjustified decisions on small countries. The true potential of international law cannot be unlocked in its true sense because the involvement is limited and hence its efficacy is hampered.

· INFLUENCE OF POWERFUL STATES: - The Involvement of Few Influential countries results in diminishing the efficacy of international law as they can use their powerful resources to shape the rules and regulations of international law for their benefit. This whole idea of the existence of international law becomes preposterous in this case where the law is flexible for those who are strong and that too only by those who are strong. Merely a country should not hold the power to affect the law because it would result in curtailing the legitimacy of the law and lawmaking body itself which would ultimately cause less participation of minor countries. The objective of international law is to eradicate the superiority of one particular state and to bring equality and peace among nations whereas the influencing factor can damage the intent of international law.

· LIMITED JURISDICTION OF INTERNATIONAL COURT OF JUSTICE: -The International Court of Justice is to international law what the Supreme Court of India is to

Indian law. It has a similar functioning concerning the Supreme Court but where the Supreme Court is just confined to regulating and safeguarding the rights of Indian citizens, the International Court of Justice has a wider scope of functioning on paper but in reality, the power of the international court is limited as it cannot deal a dispute on its discretion. The court can hear a case only when it is requested to do so because of limited jurisdiction. SECONDLY, the International Court of Justice cannot hear cases of individuals who are accused of war crimes. THIRDLY, it lacks the authority of final decision as the decision or verdict given by ICJ is not binding on the nations unlike the Supreme Court of India, Nations can also violate the court order without facing any consequences.

Conclusion: - Based on the above discussion it can be concluded that international law emerged to regulate the interrelation between states and to promote peace and prosperity among nations to make this world a better place to live in. There are certain flaws in the application of international laws but they can be tweaked a little so that the overall law can get better. The weaknesses of international law are not permanent and hence it can be improved in the future by combining the decisions and agreements of different nations. Human rights are an essential component of international law and to strengthen the potential of international law human rights should be given special attention also one more thing that is harming the efficacy of international law is power position influence which can be improved to make it an efficient law. The position of the International Court of Justice must be followed judiciously and every nation should be bound to follow the orders of the International Court of Justice only then it will achieve its objective for what it was constituted.

Reference:

1. [Online] [Cited: October 6, 2024.] https://www.studocu.com/in/document/symbiosis-international-university/management-essential/international-law-is-a-weak-law/61433399.

2. [Online] https://www.legalserviceindia.com/legal/article-2167-international-law-definitions-nature-and-basis.html.

3. Legal service India. [Online] [Cited: October 5, 2024.] https://www.legalserviceindia.com/legal/article-2167-international-law-definitions-nature-and-basis.html.

4. [Online] [Cited: October 4, 2024.] https://timesofindia.indiatimes.com/readersblog/opinionsofpriyanshu/insufficiency-of-international-law-55615/.

5. Ipleaders. [Online] [Cited: October 5, 2024.] https://blog.ipleaders.in/international-law/.