International Law is Law in proper sense. Critically examine the statement. Give your suggestions for improving International Law.
Ans.
Whether International Law is law in the true sense of the term or not –
The Controversy whether International Law is true Law or not depends upon the definition of the word „law
‟. As remarked by “Prof. Glanville L.Williams, The largest of jurisprudential controversy that as to the word „law‟ is a verbal dispute and nothing else.”
If we subscribe to the view of Hobbes, Austin and pufendorf, that law is command of sovereign enforced by superior political authority, then International law cannot be included in the category of law.
On the other hand, if we subscribe to the view that the term „law‟, cannot be limited to the rules enacted by the superior political authority, then international law can be included in the category of law. The definition of law given by Austin is not correct.
In the words of Prof. Oppenheim, “This definition is not correct. It does not cover that part of Municipal law which is termed as unwritten or customary law. There is, in fact, no community and no State in the word which exist with written law only, “In his view, law is, “a body of rules of human conduct within a community which by consent of this community shall be enforced by external power.” Views of jurists, who regard international law as really law may be summed up as follows –
(1) The term law cannot be limited to rules of conduct enacted by a sovereign authority. It has been established by Historical Jurisprudence that in many communities a system of law existed although such communities lacked a formal legislative authority. As pointed out by Starke, such law did not differ from any State law with true legislative authority.
(2) As pointed out by Oppenheim, in practice, international law is recognized as law by the States and they consider it binding on them.
(3) The Austiniam concept of law fails to account for the customary rules of International law.
(4) In some States (for example U.S.A. and U.K.), international law is treated as a part of their own law.
(5) International conferences and conventions treat international law as law in the true sense of the term,
(6) The statute of International Court of Justice provides that the court shall decide such disputes as are submitted to it in Accordance with International Law.
(7) Those who deny the legal character of International law emphasize that it is frequently violated. It is true that International law is frequently violated but it does not mean that it is not law. Even State or municipal law is frequently violated. Frequency of violations of law and the question of international law being law are two different things. Frequency of violation is connected with the weakness or strength of the enforcement machinery. Though State or municipal law is frequently violated, it is never said that it is not law. What is true of municipal law should also hold good for International law.

Weakness of the International Law – Following are the weakness of the International Law –
1. It lacks effective authority to enforce its rules.
2. It lacks effective legislative machinery.
3. The International Court of Justice has no compulsory jurisdiction in the true sense of the terms.

4. The sanctions behind international are very weak.
5. It cannot intervene in the matters which are within the domestic jurisdiction of States.
6. Many rules of International law are uncertain and vague.
7. International has failed to maintain order and peace in the world.

Suggestions for improving International Law –
(1) The international Court of Justice should be given compulsory jurisdiction in the true sense of the term.
(2) An International criminal court should be established to decide cases of International crimes.
(3) International Law should be properly Codified and Scientifically revised from time to time.
(4) The machinery to enforce the decisions of the World Court should be strengthened.
(5) The power and scope of the activities of the International law Commission should be expanded.
(6) The doctrine of judicial precedents should be applied in the field of International law.
(7) The legislative activities of the General Assembly should be further enlarged.
(8) The U.N charter should be amended as to authorize the U.N to intervene in such matters with the domestic jurisdiction of States as are of international concern.

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