LEGAL NATURE OF INTERNATIONAL LAW Cover Image

ПРАВНА ПРИРОДА МЕЂУНАРОДНОГ ПРАВА
LEGAL NATURE OF INTERNATIONAL LAW

Author(s): Igor Popović
Subject(s): History of Law, Civil Law, International Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: law; international law; sanction; coercion; primitive legal order;

Summary/Abstract: The goal of this paper is to examine legal nature of international law. Author is arguing that it is legitimate to say that intrenational law is not a law. International law does not have all the necessary elements to be considered as law, beacuse it lacks coersion. Namely, to be able to define international law, we first have to define what is law. One of the constitutive elements of law is coersion. State as the holder of the monopoly of legal coersion ensures that the law is applied. Souvereign organisation on international level does not exists – there is no world state. That indicates that international law is not supported by souvereign entity which will secure the application of law. That brings us to the above mentioned conclusion that so called international law is not a law.

  • Issue Year: 2014
  • Issue No: 47
  • Page Range: 239-262
  • Page Count: 24
  • Language: Serbian
Toggle Accessibility Mode