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JAFFSSMART LAW'S
H/12, K-3, Phase 3,Peshawar, 
NWFP, Pakistan
Office No.
Fax No.    

Email:
Jaffssmart@jaffssmart.com

Website:
www.jaffssmart.com

Cell:
0 3333 22 3333                              0 3 444 111 444 

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 "Governement must do some thing for education without it the whol nation is going to destroy 03 Nov 2009"   

  

 

 
 
 Articles
AN INTRODUCTION TO INTERNATIONAL LAW 

 International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars.  The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002).  More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states."  Even simpler definitions can be found reducing it to "laws governing relations between nations."  There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law.  This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law.  If one's purpose was to argue that international law doesn't exist, they would be on fairly solid ground by arguing that no appropriate international governing body or central authority exists.  It is quite easy to point out the limitations of the International Court of Justice and the United Nations in this regard.  Besides the definitional conundrums over what constitutes something "international," there is the problem of specifying exactly what the "law" consists of.  The most common answer is "a system of rules," but if it's a system, it's a very weak system with the same entities creating the law also being its enforcers.  A better answer is to say that international law consists of norms, standards, treaties, agreements, customs, and some rules, but one would be hard pressed to call that anything more than a primitive system.  Despite not being neat and tidy, international law represents an ethics or jurisprudence (of what ought to be and how to get there).  In fact, John Austin, the famous legal philosopher (who happened to be Jeremy Bentham's student), once called international law a type of "positive morality" (Austin 1954).   Positive morality in Austin's scheme includes laws of honor, sociological mores, conventions/customs, parts of constitutional law, and most of all, international law.  
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