Law - Modern Law Review, Fitzmaurice.docx

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Political Science
Political Science 3201F/G
Dan Bousfield

THE MODERN LAW REVIEW – FITZMAURICE  The question of authority of a legal system, whether municipal or international, present itself largely as a question of enforcement  The law is not binding because it is enforced: it is enforced because it is already binding  It might be said that it is binding character that creates for those concerned the obligation to obey the law, but that it is its authority that causes them to obey it in fact  War is either an international sanction or an international delinquency  It is sometimes thought that the Charter of the UN provides such a substitute or at any rate the beginnings of one, particularly by mans of those provisions which enable collective action of a forcible kind to be taken against aggression o breach of the peace  The SC does have certain functions directed to bringing about the pacific settlement of disputes  The council is there primarily to maintain and enforce the peace, rather than to maintain and enforce the law  The Court can only function with the consent of the parties to any particular dispute, given either ad hoc for the purposes of that dispute or generally an in advance for all disputes or for one or more classes of disputes and with or without certain reservations  The authority of a decision of the international court is very great, and in practice it is extremely difficult for e parties not to accept or to refuse to act in accordance with such a decision or indeed the decision of any other international tribunal to which they have submitted their dispute  It can be concluded therefore, that the process of adjudication or arbitration by international courts and tribunals and in particular the International Court of Justice offers a real way by which international law, and international rights and obligations generally can find enforcement – a way of which greater use ought to be made  Optional Clause – accepting the compulsory jurisdiction of the International Court at the Hague and then often only with extensive reservations  The real foundation of the authority of international law r
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