Question

Which of the following statements is true regarding the characteristics of International Law?

• A. It is a true law
• B. It has vertical structure
• C. It has well established institutes of governance
• D. It has formal law enforcing agencies

Hint:

When faced with questions about the nature of International Law, remember its key distinctions from domestic law: it is horizontal (not vertical), lacks a central legislature and executive, and its enforcement mechanisms are weaker. The debate on whether it's 'true law' is central to its study.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question requires identifying the correct characteristic of International Law from the given options. International Law is the body of rules, norms, and standards that are generally accepted as binding between sovereign states. Its nature and characteristics are often debated in jurisprudence.

Step 2: Detailed Explanation:
Let's analyze each statement:
\[\begin{array}{rl} \bullet & \text{(A) It is a true law: This is a subject of jurisprudential debate. Jurists like John Austin considered it not to be 'true law' but 'positive morality' because it lacks a sovereign to enforce it. However, the modern and predominant view (held by jurists like Oppenheim and Starke) is that International Law is indeed 'true law'. It is treated as law by states in their international relations, its rules are binding, and it is applied by international tribunals like the International Court of Justice. Despite its weaknesses in enforcement, it is considered law. } \\ \bullet & \text{(B) It has vertical structure: This is incorrect. Domestic (municipal) law has a vertical structure, with a legislature creating law, an executive enforcing it, and a judiciary interpreting it, all in a hierarchy. International Law has a horizontal structure, as it operates among sovereign states that are theoretically equal. There is no world legislature or government above the states. } \\ \bullet & \text{(C) It has well established institutes of governance: This is also incorrect. While there are international institutions like the United Nations, they do not constitute a world government. The UN General Assembly's resolutions are generally non-binding, and the Security Council's power is limited by the veto. It lacks the 'well-established' governance structure of a state. } \\ \bullet & \text{(D) It has formal law enforcing agencies: This is incorrect. International Law lacks a centralized executive body with enforcement powers like a global police force. Enforcement relies on measures like sanctions, diplomatic pressure, reciprocity, or actions authorized by the UN Security Council, which can be inconsistent. } \\ \end{array}\] Considering the options, the statement that is most widely accepted in modern international legal theory is that it is a true law, despite its structural differences from domestic law.

Step 3: Final Answer:
The correct answer is (A). While its classification is debated, the prevailing view in international relations and jurisprudence is that International Law is a system of law that governs the interactions of states and is binding upon them.