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Is the international law really right?

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Hart has said that one can have doubts about the legal character of international law. For Hart, the Nazi law is the law but we would like that this is not the law. This included doubts due to the absence of an international legislature, jurisdiction has a centralized coercive power and a penalty.

In international law, there is no centralized sanctioning. As Hart says, the lack of sanction organized in a centralized manner has led to doubts in the minds of legal theorists. In the best case, the only sanction comes from the centralized Security Council, but the system is not so effective as that. The Security Council is competent only to punish the most serious of defaulting of international law, it is a case of breach or threat to international peace. It occurs only faced with a serious breach of a fundamental rule of international law.

Hart seems to endorse the criticism and then somewhere along the way, just that there is no secondary rules, there is no law then there is no rule of recognition, there is no mandatory court therefore, no decision rules, and no police too. But it can be argued as Hart goes to show that international law lacks secondary rules of change and decision-making but also a rule of recognition. Hart takes on his own critical theory and insists that it will demonstrate the absence of secondary rules.

The International law is referred to as the basic pre-law society, composed solely of primary rules of obligation. Elemental society must be a society that is very limited and whose members live in interdependence and agree on basic values, just the way a family does. This pre-law society is a priori and does not look like an international society. Hart refuses to stop at this point. If he had shown that there are secondary rules of international law, he would probably have an internationalist at heart and it would have been very interesting for an internationalist.

Hart has said that a primary structure may be a legal structure, although not developed, but the absence of secondary rules is not enough to say that there is no legal structure. It must respond to real issues that pose real problems. Basically, two major questions about its existence arise. Is the international law binding or, to be more specific, do international rules actually generate obligations? Are the subjects themselves targeted by the rules and how could they assume the obligations? How could they be subject to the law because they are sovereign?

Hart rejects this imperative approach, and he just said that in addition, the penalty would be meaningless. The penalty is neither possible nor necessary, this is undesirable and even dangerous . Hart will show that we should not require international sanctions facing an internal company. The big idea is that Hart's famous truism implemented internally in the company is not implemented in international law. This truism, Hart concluded, demonstrates the need for rules governing certification, to sanction centrally. In international law, this truism is not implemented because people are not equal and vulnerable. International society is made of unequal individuals with no assurance of the feasibility of police. There is no need too.

Tags: centralized sanctioning , international law, Security Council

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