Anthologies Journal Articles THE NORMATIVE IRRELEVANCE OF AUSTIN’S COMMAND THEORY IN INTERNATIONAL LAW | Munyao | Mimbar Hukum 16694 37568 1 PB
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MIMBAR HUKUM Volume 28, Nomor 3, Oktober 2016, Halaman 569-582
to honor treaties in good faith as well as ensure compliance with their international obligations
under the UN Charter and any violation of the same may lead to sanctions under international law. This
in essence shows that international law and domestic laws are not different in any way, they are similar
for every purpose and intent save for their subjects. In addition, just as legal questions in domestic
legal systems are handled by domestic courts using domestic laws; legal questions in international law
are handled by international legal systems using international law. The similarity is glaringly similar
to ignore as to the existence of international law as a ‘proper law’.
In summation, Austin’s assertion is important in that is helps irm up the foundation on which
international law rests upon as a proper system on law. International law is indeed true law, not just for
the sake of it, but to allude to Austin’s terms, ‘it has a sovereign and it is not similar to the by-laws of a
member’s club. It is the ‘law of nations’ as Jeremy Bentham puts it.
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Jeremy Bentham, “ An Introduction to the Principles of Morals and Legislation”, in J.H. Burns and H.L.A. Hart, 1970, The Collected Works
of Jeremy Bentham : An Introduction to The Principle of Morals and Legislation, London, p. 100. See also, C. Kenny, “Jeremy Bentham, Principles of International Law”,
http:www.classicsofstrategy.com201508principles-of-international-law-bentham.html1 , accessed 14 November 2015.
REFERENCES A.
Books
A., Cassese, 2005, International Law, Oxford
University Press, Oxford. Austin, John, 1832, The Province of Jurisprudence
Determined, Cambridge University Press, Cambridge.
Brierly, J. L. , 1963, The Law of Nations, Oxford
University Press, Oxford. Conklin, William E., 2001, The Invisible Origins
of Legal Positivism: A Re-Reading of a Tradition, Kluwer Academic Publishers,
New York. Cottrell, Rogerotterrell, 2003, The Politics of
Jurisprudence: A Critical Introduction to Legal Philosophy, LexisNexis, London.
Dugard, John, 1994, International Law, A South
African Perspective, Juta Co. Ltd, Capetown.
Hart, H.L.A., 1994, The Concept of Law, Clarendon
Press, Oxford. Henkin, Louis, 1979,
How Nations Behave- Law and Foreign Policy 2 ed, Columbia University
Press, New York. Kelsen, Hans, 1945,
General Theory of Law and State, Harvard University Press, Cambridge.
N., Shaw Malcom, 2008, International Law, Grotius
Publications Ltd, Cambridge. Watts, Arthur, 1992, Oppenheim’s International
Law, Longman, London. Orwell, George, 1946, Animal Farm, Penguin
Group, London. United Nations, 2011, Report of the International.
Law Commission. Sixty-third Session 26 April-3 June and 4 July-12 August 2011,
United Nations, New York.