Distinctive Nature of International Law

[It is important to understand that the way a question is introduced can differ
depending on various factors such as the type of question, the context in which
it's being asked, and the intention behind it. The introduction written below is a
general introduction.]
The question necessitates a thorough examination of the unique characteristics
of the international laws. I am going to address nature, significance, and
application of the international laws in response to the question, as well as
whether or not international law is a stand-alone legal system that differs from
domestic law or merely duplicates its features.

[The best way to start an answer is to give a short understanding of what you
are supposed to write about and relate it to the question in 2-3 sentences.]
In order to enhance the effectiveness of my answer, it is crucial to have a clear u
nderstanding as to concept of the international laws beforehand. Scope of
the international laws (IL) is not definitive, but it can be understood by examini
ng its role. The term "International Legal Regime" refers to a comprehensive
framework of laws, regulations, and legal principles which are derived from
customary practises, treaties, or legislative enactments. This framework serves
to establish, regulate, restrict, or impact the rights and obligations of states in
their interactions with one another.
While states remain central to the system, it is undeniable that certain internatio
nal organizations, include the UN, International Labour Organisation, as well
as World Bank, are currently subject to international laws.
Furthermore, subject status has been granted to individuals for particular reason
s. As in the historical suit
*Trendtex Trading Corp V Central Bank of Nigeria*, a British Judge made a sta
tement regarding the definition of IL, stating that it is not simply the sum of rule
s or usage agreed upon by civilized states to be binding in their treaties with oth
ers.
As previously mentioned, international law (IL) serves as a means for states to e
ffectively manage their interactions in today's interconnected world. Given that t
he world has become a global village and states rely on each other for their pros
perity, IL plays a crucial role in facilitating harmonious relationships among the
m.
 [The answer to the question starts from the paragraph(s) written below – to
score better sync the paragraph(s) below with the question in demand.]
In the context of the current inquiry,When it comes to evaluating international la
w, it is important to note that the same criteria used for domestic legal systems c
annot be applied.
The effectiveness of a domestic legal system depends on its internal structure an
d the enforceability of its laws.
Furthermore, the doctrine of separation of powers is apparent in the domestic le
gal system, with each institution being assigned particular domains of legal area
of jurisdiction.
Contrarily, the domain of international laws lacks a centralised authority and a b
inding constitution.
The principle of consent predominantly forms the foundation of the framework
of international law.
The next few paragraphs go into more depth about how international law is diffe
rent from domestic law.
Identifying a definitive source for legally enforceable international rules is a
challenging task due to the lack of a supreme legislative body in the arena of
international law. Cassese argues that international law should be defined as a
horizontally oriented framework, unlike domestic law which imposes laws on
subjects in a vertically manner. Under international law, the laws that regulate a
relationship are created by the parties concerned. Hence, it is clear that the
primary distinction between international law and domestic law lies in the lack
of a supreme legislative body. On the other hand, within domestic law, the laws
passed by the parliament are considered to be supreme.
A lot of criticism can be directed towards its enforcement mechanism due to the
lack of sanctions. On the other hand, Sanctions, according to Ducon, are not a
prerequisite for a legal framework. IN
contrast, if someone breaks the law within their own country, the local governm
ent has the authority to punish the person responsible for the crime.
As a result, when sanctions are not in place, it becomes difficult to use the same
criteria to assess international law and domestic law, as they have different quali
ties.

[Relate the paragraph in 2-3 sentences with that of the provided question]
In the international legal system, there is a significant lack of an international
court that has the power to enforce the appearance of a party that is in breach of
the international laws. The (ICJ) can be used as a recourse only when it has
compulsory jurisdiction upon the countries in question and is capable of
resolving disputes without resorting to punitive actions. However, it is
important to acknowledge that the domestic legal system continues to hold the
ultimate jurisdiction in instances of legal infractions. The domestic courts would
impose sanctions and penalties for any offense done by an individual. Notably,
the domestic legal framework consists of lower county tribunals and a supreme
court with ultimate jurisdiction. Whether or not a person recognises the
authority of the domestic court and legal system, they are still subject to
domestic law's legal consequences. Consent is used in international laws to
regulate the interactions between nations.However, if someone in a local
jurisdiction refuses to give consent, the courts still have the authority to make
decisions regarding both the person and the matter in question. The lack of a
definitive legal precedent in the IL regime leads to a process of self-
interpretation, which allows for some level of flexibility. Nevertheless, there has
been criticism regarding this flexibility due to concerns that it could potentially
undermine the enforceability of laws. Despite having ratified the Convention on
the Elimination of All Forms of Discrimination Against Women (CEDAW),
Pakistan has not taken any concrete measures to safeguard women's rights. The
key point to highlight is the concept of shared accountability.
The concept of collective responsibility entails that the entire community of a
state bears the liability for any violation of International Law that is committed
by any official of the state, and as a result, the entire state may face the
repercussions. The legal framework of domestic law solely recognises the
notion of individual accountability. Nevertheless, it is noteworthy that within
the IL framework, the notion has undergone a transformation whereby all
transgressions committed by state officials must now involve individual
accountability. As per the ICCR, the current trend has shifted towards holding
specific individuals accountable for acts of genocide, as opposed to attributing
collective responsibility to the entire populace of Chile, as was the case with
General Pinochet.
[The paragraph written below is from the pre-exam update – mention this in
order to make examiner believe that you’re completely aware of the updates
regarding the module – relate the paragraph written below with the question in
hand in 2-3 sentences]
The relevance of the changes resulting from the conclusion of the Trump
administration in the United States is a pertinent matter. The current
administration under President Biden is actively pursuing renewed involvement
with various international organisations. In December of 2022, Congress
provided an exemption to the 1990 legislation that had barred the United States
from joining any United Nations organisation that acknowledges the Palestinian
Authority. According to reports, Secretary of State Anthony Blinken stated that
requesting a waiver to re-join UNESCO would allow the United States to
participate in shaping the norms and standards for education and artificial
intelligence. He emphasised the importance of being present at the table to
ensure that the United States has a voice in these matters. It is likely that the
aforementioned entity is China. Including the fact that Israel did not object to
the waiver is not inconsequential. Discussions regarding the conditions for
reinstatement of membership are ongoing.
[Relate the paragraph in 2-3 sentences with that of the provided question]
Within domestic law, national legislation is applied immediately without the nee
d for supplementary incorporation, which is a key divergence from international
law.
In order to facilitate individual application of the ECtHR, it is essential for natio
nal legislation to be established within the IL regime. Such incorporation is
limited to the UK under the HRA 1998—an important legal framework for a
dualist state such as the UK. In contrast, France's monist legal system prevents
this from occurring. According to a German publicist, IL is like a field marshal
who can only issue orders to the generals, and
However
Only Generals are responsible for transmitting this order to the troops.

[Relate the paragraph in 2-3 sentences with that of the provided question]
Reciprocal rights are a fundamental aspect of International Law.
In contrast to domestic law, which follows the social contract theory and has a h
ierarchical power structure, international law (IL) exclusively confers rights and
enforces responsibilities upon two nations.
International Law possesses unique characteristics that differentiate it from dom
estic law, and as a result, it might not be subject to similar standards of assessme
nt just like domestic law.
 [Conclusion of the answer varies from question to question – this is a general
conclusion]
The previous discussion implies that the international legal structure has specifi
c characteristics that classify it as a legal system, even though it lacks enforceab
ility and sanctions.
Despite these limitations, it is recognized that the international legal regime doe
s exist. The argument put forth by Brierly—
that the recognition of international law by all real states and their duty to abide
by it prove its existence—is stronger than others.
Just as individuals can break local laws, states can also violate
international rules.
Nevertheless, just like individuals, states do not justify their violations by claimi
ng exemption from the law.
From the previous discussion, it can be concluded that International Law (IL) ha
s different qualities compared to domestic law. Therefore, it should not be evalu
ated using the same standards as domestic law because IL involves a vertical dis
tribution of power, whereas domestic law involves a horizontal distribution of p
ower.