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Essay / Research Paper Abstract
This 4 page paper looks at the different sources of international law, including national law as well as international conventions; international custom, general principles of law, judicial decisions and teachings of publicists. The bibliography cites 5 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEsourcesIL.rtf
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Unformatted sample text from the term paper:
In a country citizens will abide by the law or face the justice system. However in the international context there is a more complex situation. It may be argued
that unlike national or domestic law which appears to be a natural construct that has developed and evolved alongside society international law is more of an artificial construct.
It can be argued that the only reason international law exists is due to the agreement to abide by that law and the ability
of members to enforce penalties for not abiding by agreements and that an abandonment of this agreement by the countries would result in international law being unenforceable.
The creation of international law has also been considered greatly by the law professor and theorist H L A Hart. Hart notes that the usage of
international law may be seen to be consistent with the way in which domestic and law in general has been use over the last one hundred and fifty years, as
such many of the pressures and sources may appear to be similar, but there are some vital missing structures that prevent it from being true law (Hart, 1994). He states
there is an argument that this cannot be the case as the evolution is different; there is an "absence of an international legislature, courts with compulsory jurisdiction, and centrally organized
sanctions have inspired misgivings, at any rate in the breasts of legal theorists" (Hart, 1994; 214). This may be seen as leading to the conclusion that this is not really
law, which may or may not be a misgiving and as such the sources cannot be seen in the same way as national law has developed, although there may be
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