LEGAL NATURE OF INTERNATIONAL LAW

Authors

  • Igor Popović Fourth-year student at the Faculty of Law, University of Banja Luka

DOI:

https://doi.org/10.7251/SPM1447239P

Abstract

The aim of the work is to examine the legal nature of international law. The author takes the position that one can justifiably consider that what is called international law is not objective law. International law does not have all the elements it needs to be a legal order. It lacks the element of coercion. Namely, in order to define international law, one should first define what this law is in general. One of the indispensable elements of law is coercion. The state, as the holder of the monopoly of legal physical coercion, guarantees the realization of rights. As there is no sovereign organization (world state) at the international level, it is concluded that behind international law there is not one sovereign entity that will ensure the realization of that right.

Published

12/06/2022