1. Under international law, there is no impartial tribunal which can adjudicate upon the disputes between the states having binding force or authority.
2. It cant be termed as true law as there is no support or certification by any sovereign authority behind the law.
2. It cant be termed as true law as there is no support or certification by any sovereign authority behind the law.
3. ICJ has no real power to enforce its declared decision(Paton). Any sovereign state can accept it even they can deny it on their own wish.
Article-59 of the ICJ makes clear that the common law notion of precedent doesnt apply to the decisions of ICJ. The courts decision only binds the parties to to that particular controversy.
4. There is no sanctionary power to enforce the international law. As there is on specific sovereign power, sovereign states often gets the influence opportunity to violate the provisions of international law.
5. The provisions of international law aren't binding on states and if any of the provisions gets violated there is neither any sanction nor any remedy against the violation.
6. The orders of international law cant be higher than the sovereign.Thats why it is not any sovereign order but termed as law of positive morality. (Austin)
7. international law isn't codified through (sovereign) legislative machinary. It means international law has no legislature and no executive.
Lord Salisbury, observed it in the case of "Queen vs Keyn" that,
"international law is an inexact expression of law"
as there is no valid sovereign authority it is inexact, uncertain and insufficient. And that is why some jurists do not consider international law as a true law.
4. There is no sanctionary power to enforce the international law. As there is on specific sovereign power, sovereign states often gets the influence opportunity to violate the provisions of international law.
5. The provisions of international law aren't binding on states and if any of the provisions gets violated there is neither any sanction nor any remedy against the violation.
6. The orders of international law cant be higher than the sovereign.Thats why it is not any sovereign order but termed as law of positive morality. (Austin)
7. international law isn't codified through (sovereign) legislative machinary. It means international law has no legislature and no executive.
Lord Salisbury, observed it in the case of "Queen vs Keyn" that,
"international law is an inexact expression of law"
as there is no valid sovereign authority it is inexact, uncertain and insufficient. And that is why some jurists do not consider international law as a true law.
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