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IS IT A TRUE LAW? - Coggle Diagram
IS IT A TRUE LAW?
NOT A PROPER LAW
JOHN AUSTIN
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He described IR. LAW - as positive ir. morality consisting of opinion / sentiments current among nations generally.
HOBES & PUFENDORFF
(X) positive law of nations properly invested with true legal force & binding as the command of a superior.
HOLLAND
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Rules of Ir. law cannot be kept into the category of law bcs LACKS OF SANCTION (which is essential of municipal law)
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IR. LAW IS REALLY A LAW
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SIR FREDERICK POLLOCK
The only essential conditions for the existence of law are - the existence of political community & the recognition by its members of settled rules binding upon them in that capacity.
OTHER REASONS
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vii. Constituent elements of national law & ir. law = same (legislations, customs, & precedent)
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