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Additional resources for Fundamental Perspectives on International Law
In this strict sense law is necessarily “hard;” to describe it as “soft” is a contradiction in terms. None the less, in the case of international law, given the lack of any supreme authoritative body with lawmaking powers, it has always been difficult to secure on a universal basis the consent necessary to establish binding rules. 54 The States and international organizations that produce soft law documents do so with a view toward developing an evolving set of standards that represent some consensus about how to deal with the problem at hand.
Some tend to describe this controversy in terms of a “monist” versus “dualist” standard. 2. Monist-Dualist Distinction to be known as International Law. The same behavioral norms also propelled national legal order. States, through individuals who served as their agents, were expected to behave as would individuals. 66 Contemporary examples include: ◆ (a) Monist Approach The monist perspective is that the Law of Nations and the law of each nation form an integrated, universal legal order. International Law is inherently woven into the legal fabric of every nation.
11 International Law is primitive in comparison to national legal systems. It lacks the comparable legislative, executive, and judicial enforcement mechanisms. Under the terms of the UN Charter, for example, the General Assembly makes recommendations. It does not legislate. 2]. The UN Secretary-General does not have the power to directly intervene in any conflict beyond that which is expressly provided by the disputing parties or the vetoridden Security Council. Thus, the UN cannot launch a military strike.