Q. International Law is a vanishing point in Jurisprudence.
Comment.
[This question is very much important for LLB and BA LLB examinations. It
was asked in Public International Law in 2015 for 4 marks, 2017 & 2018
for 10 marks.
It was also asked in Jurisprudence I in 2019 for 10 marks]
International law is regarded as the vanishing point of
jurisprudence. The main reasons for this are as given below:
1. The international laws are outcome of consensus amongst many
nations. Because these are consensus, the powerful nations at their will
can easily violate them without getting punished. Any law that can not be enforced is not a law
and defeats the purpose of jurisprudence.
2. International law can not be strictly enforceable. There is no sovereign authority to enforce these laws.
3. International law is mostly a courtesy and is followed depending on
the will of the countries.
With rapid globalisation, things are changing these days. With the
formation of UNO and its various other organs, the international laws are
becoming more binding on the states. The International Court of Justice
sitting at the apex ensures that international laws are strictly followed
all over the world.
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