Example Of One State Cannot Sue Another State In An International Court And Expect The Losing State To Recognize The Courts Judgment. Essay

International Law

Is international law law?
International law is a real law. It is driven by mechanisms that define any rules and regulations of domestic law (D'Amato, p 21). International is enforced by the same set of mechanisms that enforce the domestic law. The laws are entitled to the same entitlements that a state law is given. The laws can be broken and also be adhered to, but the obedience and the breaking of the law do not quantify the international law as a real law. The United States recognizes and establishes the international law, as a binding law (Turner, par 3).

When a state sues another state in an international court, the state that loses the petition can choose either to obey or to refrain from the judgment of the international court. The state that loses can choose to use its domestic constitution and law, which recognizes it as a sovereign state, and whose obedience to the international law, or judgments conform to the domestic laws (Turner, p 20).

Absent the consent of the particular state; there is no international tribunal where private persons can sue a state.

Individuals cannot sue the state in any international tribunal without the consent of the alleged state. The state being sued has the right to refrain from the judgments and any decisions made by the international court. The state is sovereign, and no international tribunal can override the sovereignty of the sued state (Julian, p 30).

Works cited

D'Amato Anthony “Is International Law Really ‘Law’”. Northwestern University School of Law Scholarly Commons, (2010). (http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1102&context=facultyworkingpapers)
Julian G. Ku “Customary International Law in State Courts”. VIRGINIA JOURNAL OF INTERNATIONAL LAW [Vol. 42:1(http://www.hofstra.edu/pdf/law_ku_customary_international.pdf)
Turner Robert F. “International Law Really is Law”. International & National Security Law Practice Group Newsletter - Volume 2, Issue 1, spring 1998 (http://www.fed-soc.org/publications/detail/international-law-really-is-law)
Turner Robert F. “State Sovereignty, International Law, and the Use of Force in Countering Low-Intensity Aggression in the Modem World, Legal & Moral Constraints on Low-Intensity Conflict, Vol. 67 (file:///C:/Users/Hp/Downloads/vol-67_III_Turner_State_Sovereignty.pdf)