LAW is that element which binds the members of the community together in the adherence to

recognized valves and standards According to MALCON. N. SHAW. INTERNATIONAL LAW 4 th

EDITION on page 1-2 .
Therefore THE BLACK’SDICTIONARY 8th EDITION Defines international law as a system of rules
which confers rights and imposes obligations exclusively upon sovereign states and which owes
its validity to the consent of states it binds, However ACCORDING TO PROFESSOR CHARLES
CHENCEY defines international law as that body of law which is composed for its greater part of
principles and rules of conduct which states feel themselves bound to observe in their relations
with each other.
Therefore According to Oppenheim, Emerich vattel, martens and others also plays a great role
in the development of the evolution of international law through the various sources.
Article 38 of the international court of justice statute, is regarded as an essential source of
international law as per its provisions in Articles 38(1) which stipulates that the court whose
function is to decide in accordance with I international law such as are submitted to it, shall
apply
a.] international conventions
b] International custom as evidence of general practice accepted as law.
c.] General principles of law recognized by civilized nations
D] subject to the provisions of Article 59.Judicial decision and teachings of the most highly
Qualified publicist of the various nations
Above sources must be applied also
TREATIES; according to Article 2 of the Vienna convection on the law of treaties. A treaty has
been defined as an international agreement concluded between states in a written form and
governed by international law.
CUSTOM; this happens in societies its certain rules of behaviors, JUDICIAL DECISIONS; According
article 38 of the international court of justice statute
HOWEVER, there had been a great controversy as to the question, whether international law is
a law or not some answered the question in affirmative views can be explained as under as
international law is not law.
POSTIVITIST VIEWS.
JOHN AUSTIN; According to Austin who is a leading English writer on juris prudence answered
the question in negative way. International law is not true law. But a code of rules and conduct
of moral force only. He holds that INTHERNATIONAL LAW IS NOT LAW AS IT DOES NOT
EMANATE FROM A LAW GIVING AUTHORITY.
INTERNATIONAL LAW HAS NO SANCTION BEHIDE IT. Austin described international law as
positive international morality consisting of opinion or sentiments current among nations
generally.

INTERNATIONAL LAW IS NOT LEGALLY BINDING ON STATES. Law is the command of the
sovereign accompanied by sanctions in case of violation of the command.according to his book
J. Austine The province of jurisprudence page 13. In the other words. Law should be limited to
rules of conduct enacted by determined legislative authority and enforced by physical sanction.
THE SUPERIOR according to Austin, is the real sovereign. The definition contains two important
elements, firstly, law is command enacted by the sovereign legislative Authority FOR EXMPALA
Any rule which is not enacted by sovereign or superior cannot be regarded as law. And secondly
it must be enforced by the sovereign authority FOR EXMPALA if laws are violated there should
be adequate sanction be hide it.
HOBBES AND PUFENDORFF.
According to them, they answered the question in negative way by saying that there is no
positive law of nations property invested with true legal force and binding as the command of a
superior.

ACCORDING TO KELSION’S International law is a primitive legal order because of its LACK OF
ASTRONG LEGISLATIVE JUSTICIAL AND ENFORCEMENT ORGANS and its conquest to pre-state
society. It’s only for self-help. Therefore KELSON argues in the line with that international la is
not law
IN THE CASE OF UGANDA .V. DEMOCRATIC REPUBLIC OF CONGO [DRC] In this case the court
had ordered Ugandan government to pay ten billion dollars to Congo which failed to do up to
now therefore making the enforcement of the law weak for the international law

HOLLAND ; according to Holland, observed that international law differed that international law
differed from ordinary law and not supported by the authority of a state. According to him , the
law of nations is but private law ‘’writ large’’ in this view of the matter he called international
law as the vanishing point of jurisprudence law cannot be kept Into the category of law because
IT LACKS SANCTIONS, which is an essential element of municipal law.
JEREMY BENTHAM AND JETHRO BROWN. According to them they also deny the legal character
international law is not law therefore in there augments they listed down a lot of other points
that support there points
HOWEVER, ACCORDING TO ME,
INTERNATIONAL LAW IS NOT basing on the facts on ground. The international court of justice of
justice gave a directive to South Africa to arrest president OMARI BASHIRI OF SUDAN and they
failed to do so as they were ordered. The recent thing also happened in Uganda where
president OMARI BASHIRI was not arrested yet international had ordered Ugandan government
to arrest him which they failed to do. However such laws that are not RESPECTED AND OBEYED
are not laws because they have no SANCTIONS put up for disobedience.and also in the case of
UGANDA .v. D.R.CONGO (DRC) where Uganda failed to pay the amount of money that was told
to pay to Congo international law has done nothing about it. Hence making it not law.

Therefore it’s pertinent to content that international law is legitimate and valid law with
possession of the necessary basing on the Arguments of various scholars, international law is
law
International law is provided for under ARTICLE 27 of the Vienna convention on treaties 1969 ,
the general rule is well stated out here that a party may not invoke the provisions of its internal
law as justification for its failure to perform a treaty. This rule is without prejudice to Article 46.
therefore international law is law, Furthermore also ARTICLE 46 of the Vienna convention on
the law of treaties 1969.therefore acorrding to Article 49 UN CHARTER 1945 requess all
member states to comply with the decisions of the international court of justicehence making it
a law.
HALL AND LAWNERENCE .
According to Hall and Lawrence on the other hand answered the question in affirmative.
International law is habitually treated and enforced as law, like certain kind of positive law. , it
is derived from CUSTOMS AND PRECEDEDENT which form a source of international law.
THOMAS AQUINAS .
ENTITLEMENT ARQUEMENT. This is a philosopher who also was in line with international as a
law on the facts of natural justice FOR EXMPALA ; EQUALITY, RESPECT FOR HUMAN RIGHTS
ALLOWERTHE GLOBE HAS BEEN PROTECTED AGAINST ANY FORM OF VIOLATION. There such
human rights has been protected worldwide it makes it quality to be law. Since international
law has been out to condemn and regulate the acts of violation hence making it a fact that its
law
PITT COBBETT; According to pitt Cobbett also observed that international law must rank with
law and not with morality therefore international la is law.
PROFFESSOR FRANSCISCO VICTARIA,
According to him he made the fact that its law as it emphasized EQUALITY amongst states and
its foundations are built on natural law.
Basing on the facts that it has SANCTIONS, its gives SANTCTIONS to disobedient states as A
FACTOR OF ENFORCEMENT of its forms make it to be law. FOR EXMPALE sanctions were given
to various offenders [STATES] which participated in the Second World War and were a bided by
therefore this brings us to a fact that international is law
Furthermore, THE ENFORCEMENT ARGUMENT. Was also observed by ROGER FISHER, where he
stated out about the domestic consent, IN THE CASE OF JURISDICTION IMMUNITIES OF THE
STATES [GERMANY.V.ITALY] ICJ 2012, where Italian courts allowed civil claims to be brought
against Germany hence making it a true law
LOUIS HENKIN. This puts all nations observe the international law and follow it like all nations
have to obey the laws of international law. IN THE CASE OF DEMOCRATIC REPUBLIC OF CONGO
.V. BELGIUM. ICJ [2000]. Where a Belgium judge issued an arrest warrant against the foreign
minister of Congo based on universal jurisdiction.
SIR FREDERICK POLLOCK
According to Frederick only writes the essential conditions for the existence of law are the
existence of political community and the recognition by its members of settled rules binding
upon them in that capacity international law seems on the whole to satisfy these conditions
therefore making it a law.
SUPREMANCY OR BINDING POWER AND OBSERVATION OF STATES. THIS ELEMENT IS DEPICTED
IN THE CASE OF LOTUS CASE, FRANCE .V. TURKEY. Where a dispute between France and turkey
was resolved by I.CJ. Hence setting the parameters governing international law in the sense
that it is binding upon states.
IN CONCLUSION, it’s clear from the above discussion that the solution from the above question
depends upon the definition depends upon the definition of law, which one may choose to
adopt. I agree international is not law on the exposed points as LACK OF SANCTIONS,
EMPHASISING CUSTOMS which have left people’s rights violated in various countries. However
to a smaller extent I agree it’s a law because it has AFFORDED TO REGULATE WARS AMONG
STATES AND PROTECTED UNITY, PEACE, STABILITY AND OTHERS, am more inclined to be on the
side of theorist who question international law as ‘true law’ international law can only work if
there are SANCTIONS that can be enforced on the international stage. The lack of an
authoritative figure to police such sanctions leads me to conclude and in accordance with the
above arguments, that international law is indeed not; true law’

Words Used 1500.

REFERENCE.
1. THE BLACK’S DICTONARTY 8TH EDITION
2. MALCON .N. SAW INTERNATIONAL ALW 4TH EDITION
3. INTERNATIONAL COURT OF JUSTICE STATUTE.
4. Ian Brownlie, principles of public international law 644-53[4th ed. 190]
5. Thomas M. Fairness in the international legal and institutional system 1993
6. Oscar Schacher, international in theory and practices 184-249, [1991]
7. Nico Schrijver, The meaning and operation of sanction and other measures, short of the use
of force(1992)
8.The Vienna convention on the law of treaties 1969.
9.The un charter 1945
10. John Austin, the province of jurisprudence determined, 1954