How far is Public International Law still a Weak Law?: Critical Reflection and Suggestions for Improvement

  • Komal Agrawal
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  • Komal Agrawal

    Advocate at Bombay High Court, India

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Abstract

Numerous factors are instrumental in strengthening the public international law and also in determining the effectiveness of the same. The conflict in laws arising due to varied cultures and backgrounds is bound to arise and weaken the enforceability of public international law. The paper shall deal with the impact of the actions and plans of the international bodies on the enforceability of public international law. The development of a global community is reflected in the evolution of public international law. In 1930, the first Conference for codification of public international law was held at Hague Convention. The above stated sources are the only codification that expressly state what rules shall be applicable for resolving disputes of public international law. The adherence to the treaty by the contracting parties reflects the strength and effectiveness of the treaty/convention (public international law). There are no legit sources to determine bare text or codification of public international law. It would be contrary to public international law for a sovereign nation to execute penal sentence handed down by the tribunals of another sovereign nation. Public international law is still weak and at an evolving stage which requires to be cemented at various areas to strengthen its authority and enforceability. The requirement of public international law is echoed at this stage. The legal principles that shall govern public international law are neither strictly documented nor codified in any manner. Public international law is a vast area and requires alterations for it to be more authoritative in the international community. This has lead to a vague customary public international law. This leads to the issue of no distinct and clear law governing matters of public international law. There are no effectively powerful courts to interpret International Law and enforce the same.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 599 - 613

DOI: https://doij.org/10.10000/IJLMH.112290

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