The Law of Nations J.L. Brierly Presented by: Andrea Buitrago September 24, 2012

International Law Basis for Obligation Fundamental Rights Positivism Legal Character Defects Of the system

BASIS FOR OBLIGATION Fundamental Rights State of Nature -Self-preservation -Independence -Equality -Respect -Intercourse But Legal Rights are meaningless Unless there is a legal system to give them validity THE ONLY INDIVIDUALS WE KNOW ARE INDIVIDUALS IN SOCIETY Conclusion: This doctrine is a denial Of the possibility of development in International Relations

BASIS FOR OBLIGATION Positivism Consented Rules Nothing can be law if not consented - Explicit (treaty) -Implicit (acquiescence) But it is an Inadequate account States are bound by principles not necessarily Consented IN THE ABSENCE OF ANY MACHINERY OF LEGISLATION A RULE CANNOT BE IMPOSED Conclusion: The theory of consent is a fiction invented by the theorist

BASIS FOR OBLIGATION Basis for Obligation? Fundamental Rights Positivism Believe that order is the governing principle as opposed to chaos

International Law Basis for Obligation Fundamental Rights Positivism Legal Character Defects Of the system

Legal Character If International Law is not the same as international morality, why should we hesitate to accept its legal character? CONDITIONS FOR THE EXISTENCE OF LAW Existence of a Political Community Recognition of settled binding rules

Defects of the System System of Customary Law Rudimentary Character of Institutions Narrow Restrictions A state of laissez-faire Absence of authorative law- declaring machinery Difficulty of formulating the rules Tolerance to the persistence of war Adequate only to a primitive society Shortcomings

Is International Law a failure? It enables states to carry on their day-to- day intercourse Along orderly and predictable lines

INCONSISTENCIES p. 51 Conclusion of State of Nature: Such qualities of independence and equality are not the result of nature, but of a historical process ______________________________ p.52 Positivism Ex.: A new formed state does not consent to accept International Law

p. 54 The Doctrine of Sovereignty has introduced a confusion into legal theory: We have accepted the false idea of a state with a life and will of its own THIS ASSUMED CONDITION OF STATES IS THE VERY NEGATION OF LAW _______________________________ p. 77 International Law has not failed to serve the purpose for which states have chosen to use it