Is it near perfect?

[fitman]

AA All,
i wrote a sample question "Is international law a true law or not", as its crammed from various notes and so many books. Please highlight any flaws and guide me how can i write/cram near perfectly to get max marks. im a CE13 aspirant so i have ample time for prep.

Below is my written question... please have a look!

1. Introduction
International law can be understood in the sense that those rules and regulations that govern the relations and dealing of the nations. Of the world are known as the international law. International law is necessary for maintaining the peace in the world and frequent clashes and wars are expected in its absence. Though its still a controversy that if international law is a true law or not. Much of the debate surrounding international law’s status as law can be traced to the positivist legacy of John Austin.

2. Meaning of International law
Laws governing the legal relations between nations/states.

3. Definition
• Oppenheium
Law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.
• Schwarzen Berger
international law is body of legal rules which apply between soverign states and such entities which have been granted international legal personality.

• Wheaton
IL as understood among civilized nations may be defined as law consisting of those rules of conduct which reason deduces as consonant to justice from the nature of the society existing among independent nations; with such definitions and modifications as may be established by general consent.

• Sir Henry Maine
The law of nations is a complex system composed of various ingredients. It consists of general principles of right and justice, equally suited to the conduct of individuals.

• Hyde
Term international law may be fairly employed to designate the principles and rules of conduct decleratory thereof which states, feel themselves bound to observe, and, thereof, do commonly observe in their relations with each other.


4. School of thoughts
Following are the school of though on international law

A. Positivist school
John Austin is regarded as the leading exponent of the positivist school of thought in the 19th century. Theorey of positive law is based upon two principles
i. As regard source, law is command of the soverign and that soverign is the determinate human superior.
ii. Sanction of law is the force.

B. Historical school
Savingy and Pallock are regarded as the chief exponents of the historical school of thought which opposes the theory of law of positivist. They believe that law emerges from social custom, conventions, religious concepts, economic needs and relation of people.

C. Sociological school
Laski and Pound are regarded as the main exponents of this school of thought. They believe that social need and necessity give birth to the law and it is the sanction behind the law. They said that law is a tool of social engineering. They also say that social rules are laws.

5. Is international law a true law
5.1 Arguments Against the existence of international law
• No legislative Body
• No enforcing body
• No sanctions behind international law
• Absence of legislative machinery
• No specific judicial authority towards the subject of IL
• Undetermined political authority
• No codification
• Vague and uncertain rules
• No general application
• Limited scope
• Limited control
• Limited jurisdiction

Above mentioned views criticized by large number of jurists because its is based on definition of austin and according to openheium its not a correct definition.
5.2 Enforcement of arguments
• The term ‘law’ is not limited
• Costomary rules are also llaw and followed without sanctions
• States laws are violated
• UN General assembly recognizes its legislative authority
• ICJ recognizes its judicial authority
• There exists sanctions behind IL
The historical school of thought argues that like municipal lawthere is sanction behind the international law and this sanction is th public opinion. It is the world public opinion which compelled the countries to perform doing such particular act.
Example: English and french soldiers attacked egyptian soil suez canal issue in 1956 . It was the world public opinion which which forced both forces to withdraw.
• Commonly observed
• Codified in shape of conventions, treaties, UN charter etc
• General obedience of law by civilized states
In paquete Halana case, it was held that IL is a part of our law and must be ascertain and admissible by courts of justice of appropriate jurisdiction.
• Legal character in the eyes of civilized states
• States policies are made accordingly

5.3 Real position
• IL is a week law with comparison of municipal law.
• Lacks effective legislative machinery
• No international court with cumpolsory jurisdiction

6. Enforcement of IL
• United Nations
IL is enforced by those states only, who recognized themselves with UN-Charter.
• Judicial Enforcement
1. ICJ
2. International tribunal for the law of sea
3. UN-Administrative tribunals
4. International criminal tribunals for former yugoslavian
5. International criminal tribunal for rwanda
• Loss of legal rights and privileges
Common enforcement method by states to enforce IL is to withdraw the legal rights and privileges e.g, suspension of diplomatic relations.

7. Recommendations to improve the applicability of law
I. Unity of states
II. Enforcement of all types of treaties
III. International forum of all injured states
IV. Codification of all international customary laws
V. Effective judicial authority of ICJ and ICC
VI. Development of parliamentary powers of General assembly
VII. Promote proper Investigation system
VIII. Develop independent prosecution system
IX. Encouragement of law making treaties
X. Applicability of doctrine of judicial precedent in international law
XI. Establishment of international police

8. Final Analysis
Hence, for final analysis, we can say that, international law is a body of rules and principles of action, which are binding up civilized states in their relation with one another.

[usman khalid]

Very well done!
I think you have made a good outline/analysis with the mention of different schools of thoughts, relevant points infavour and against of its being true law, criticism against it, its current position and valuable recommendations.