The Social Sciences

Year: 2009
Volume: 4
Issue: 2
Page No. 149 - 153

The Enforcement of International Law and It?s Role in a Globalized World

Authors : Rafea Rasheed Abu Rahmah

Abstract: International law, or the Law of Nations, is the body of rules and principles binding upon States in their relations with one another at the international level. According to this definition, the State is of primary importance as the main actor or subject of international law. In the development of international law, great importance has been attached to the consent of States. The concept of consent finds frequent application: obligations arising from agreements and from customary rules depend on consent; the jurisdiction of international tribunals requires consent; membership in international organizations is not compulsory; the powers of organs of international organizations to make and enforce decisions depend on the consent of member states. The international legal system is not like the domestic legal systems of States: There is no supreme law-making authority-legislature or parliament-which, on a continuous or regular basis, makes laws binding on states. Treaties are concluded on an ad-hoc basis. They must be signed and ratified by each state Party. They do not create obligations binding on those states, which do not consent to them. Generally, speaking, resolutions and declarations of the general assembly are without binding force. In general, the international judiciary is without compulsory jurisdiction. States may voluntarily accept the jurisdiction of the international court of justice. Many treaties also, provide for the resolution of disputes by arbitration. There is no real executive power for the enforcement of international legal rights, which can, on a systematic basis, override national sovereignty and impose sanctions. Similarly, there is no standing international police force. In some circumstances, the security council has particular powers.

How to cite this article:

Rafea Rasheed Abu Rahmah , 2009. The Enforcement of International Law and It?s Role in a Globalized World. The Social Sciences, 4: 149-153.

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