International Law, the myth of Law.
Introduction:
Considering whether International Law can be considered actual law, I would like to consider the
Spanish philosopher Gustavo Bueno work analysing philosophical myths specially "the myth of rightwing and left-wing" and "the myth of the Culture". In this context, the response to this question is:
Can be a myth about Law?
The Myth of Law
To speak about whether if it is possible to exist a myth about Law, we will need to write a whole book
and it is not the purpose of this essay, but if I can bring here my own definition Law” is the field of
study in which the relationships between different societies and how they organise are studied”.
Societal Structures and Law
If I follow my definition, we need to have a society, and therefore, there are many ways the society
can be organized. It is not necessary for it to be limited to individuals; even individualist culture tries
to dictate to us. Society has been organized among tribes, clans, families, and why not, associations.
And this brings us, to the point, if can exist an International Society.
The Emergence of Global Risks’ International Society
Effectively composed by different political organisations, we share a World, an common space, so as
members of this world all political organisations are part of this International Society, and them they
always need some ways to regulate themselves, and this regulations depends on the elements and
problems which shapes the International Society, due the evolution of technology and specially with
Globalisation, with it risks and opportunities that bring to the International Society we can define the
current International Society an International Global Risk society.
This society needs all the members to embraces some common policies called “Global Risks” to solve
the problems that states individually cannot solve, we can talk about climate change, ozone layer gap,
international terrorism, illegal trafficking etc….
Challenges to the Legitimacy of International Law
Can be argued that International Law is Law it is about the polycentric nature of enforcement systems,
and this is quite logic from unitary states perspective.
As a jurist from a federal state, I can find a huge similarity between International Law and National
Law in federal systems, because it´s polycentric nature makes it not to have a unified system of
sanctions, we can mention here the US, regarding death penalty, depending on a crime´s nature, can
be consider is state or federal nature, that makes even if a State abolished the death penalty, a federal
court can punished a citizen with the death penalty to that person.
Different approaches to the International Law
The same used to happen in the International Society, as a society each member approach to the
International Law in many different ways.
Dualist Approach
There are some dualist states that needs to modify their legislation to adapt the international Law
using , even if they have used International Law mechanisms such treaties, memorandums,
declarations etc.
A dualist example is the UK, which whose International Law should be approved by parliament,
adapting the international Law to the national law.
Monist Approach
My home country Spain is one of the best examples of a monist state, the Article 96 of CE it is clear
about it: “Validly concluded international treaties, once officially published in Spain, become part of
the domestic legal framework. Their provisions can only be repealed, modified, or suspended in the
manner prescribed by the treaties themselves or in accordance with general principles of
international law”i,.
This monist approach allows Spain to join EU Regulations in a very fast way, once they are published
in the BOE, the national official Gazeta, there it is nothing more needed to adopt International Law, it
is a ´s simple and a fast way to do it.
As a complement, treaties can be reviewed by the constitutional court, having exactly the same level
as an “Ley Organica”, a Law that regulates fundamental rights .
Conclusion
The International Law is, in fact, a genuine and significant form of law . Through our exploration of
its many dimensions, we have discerned that International Law plays a key role in the contemporary
world, addressing global challenges and shaping international relations.
By acknowledging International Law as a fundamental legal framework , a perspective that fosters
mutual trust within the International Society, facilitates efficient enforcement, and encourages
harmony within different legal systems. This recognition of International Law as a system that
complements and sometimes defines national laws its essential to understand modern world.
As we reflect on the diverse interpretations of law and the ever-evolving global landscape, embracing
the notion that International Law is indeed a central legal entity reinforces the imperative for
international cooperation, harmonious coexistence, and the pursuit of justice on a global scale.
i [1]
Article 96 of the Spanish Constitution.