Is International Law Really Law?

Chapter 7 addresses the role of international and nongovernmental organizations in world politics and growing efforts to provide greater order to the international system. The most obvious means of providing order to any society is the creation and codification of laws. In this exercise, you will examine the characteristics of laws and review the intended functions of international law and its sources in order to answer the question Is international law really law?

The Concepts

• First, review the discussion in chapters 2, 3, and 4 regarding the nature and characteristics of the international system and how they affect behavior within the system.
• Second, review the discussion in chapter 7 regarding the function, sources, and enforcement of international law. Make a few notes on important sources and key purposes of international law.

The Situation

As the concepts you have just reviewed indicate, there are important distinctions between domestic law and international law, particularly regarding how each kind of law is created and enforced and how effective it can be. These distinctions have important consequences for the use and enforcement of international law, especially for its impact on world politics.

• First, brainstorm key characteristics of law (in the context of the United States or some other country). What is a law? Why are laws created and how? By whom? How do laws achieve what they are intended to do?
• Second, how do these characteristics apply to international law? Why are international laws created? How are international laws made? By whom? How does international law achieve what it is intended to do?
• Third, consider the liberal, realist, and radical conceptions of international law, noting areas of agreement and disagreement. Revisit the historical summary in chapter 2 and look for issues related to international law.

The Consequences

Drawing on your review of the distinctions between domestic and international law, consider the strengths and weaknesses of international law and write a few sentences in response to each of the following questions: (1) What benefits to governments derive from adhering to international law? (2) What benefits to individuals derive from the establishment of international law? (3) What are the shortcomings of international law in the current international system? (4) Is international law really law? Why or why not?