Derecho Intl como Prueba de la Existencia de
una sociedad Intl o al reves: ubi societatis, ibi
ius
Pb of the effectiveness of IL: widespread
sensation of ineffectiveness (R. Bretons, 39).
IL is not only effective until the conflict
becomes political:under IL there's no dispute
that isn't political per se (Soerensen, 56)
Practice shows high propensity for spontaneous compliance:
State image, credibility (Bretons, 39). Ej: nowdays State won't
send troops in another to collect revenue to pay a debt
(Schachter,7)
Are relativism and non-
formalism the
prob.? (consent; no limitations
in the forms of expressing
will) *** But inevitability of pb
of legal certainty (Bretons, 40)
Is Enforceability a
prob? Ej:
FIFA(private)
more effective in
achieve compliance
(Bretons,42)
Power: Most powerful States imposition of their dogmatic
view of the world: Realism Doctrine: Persuing self-interest:
Law is an aid to stability, a "gentle civilizer of events", but
can't be relied on "to suppress the chaotic and dangerous
aspirations of gvts" (Jessup quoted ySchachter,5)
Intl society : originality;
juxtaposition of sovereign and
indept States *** horizontal
society; slightly instlized; Formal equality
Necessity of cooperation to
secure cormmon interests
through IOs
IRs: less technical meaning than PIL.
Broader than the diplomatic intercourse
b/t States.Encompasses the
heterogeneous transactions b/t peoples
across borders (Soerensen, 54)