ABSTRACT

The notion of international law—envisioned by Jeremy Bentham as the law of nations—is understood within the structures of public law and is concerned with the relationship between states or their components, which are considered as possessing independent and international statuses. Such a law ought to be treated as a distinct phenomenon because, unlike municipal laws and other such laws as considered by traditional philosophical systems, the legal framework of international law lacks an overarching authority capable of enforcing at all times its provisions with appropriate penalties. Born out of agreement in order to establish and maintain international peace and security, such a law would have to depend upon commonalities in economic, political, socio-cultural, and even humanitarian objectives by nations and states possessing various forms of agenda and interests. While the aspirations of the framers of the provisions of international law are ideal, its actual practice and applications are beset with conflicting elements.