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Is International Law Even Law? - International Law from an International Relations Perspective (Paperback)
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Is International Law Even Law? - International Law from an International Relations Perspective (Paperback)
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International law is so fundamentally distinct from domestic law
that some even question whether it is the law at all. Unlike
domestic law, in which the state can create, enforce, and interpret
the laws, there is no higher authority above states in
international law. As a result, states serve as both creators,
enforcers, and adjudicators of international law and are subject to
it. Most confoundingly, even though there is no higher authority
than states in the international system, states tend to comply with
international law most of the time. Further, when they do violation
international law, they go to great lengths to defend their actions
as within compliance with the law. To understand when and why
states treat international "law" as the law in our international
system, one must understand both the components of a sound legal
argument and the political motivations shaping how laws are
created, when they are followed, and when they are ignored.
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