The Struggle of International Bodies to Enforce the Rule of Law

Abstract

If a law struggling for its own enforcement, is it still called Law?  This paper sheds light on its whole procedure, background, and on-ground practice.  “Law is the command of a sovereign backed by sanctions” is a well-said definition of law, very simply explained law, but the law in the current world is very different and has become very complex, as described by HLA Hart: “law is composed of primary and secondary rules to distribute the duty and power”. Law is playing an essential role in building the behaviour of the nations, but it is only productive if there is a sovereign force behind it, to enforce the law in a perfect way; the law will have no effect. In order to achieve fruitful results, the sovereign has to impose sanctions, restrictions, penalties, and sometimes take someone's life in order to get proper adjudication, enforcement, and rule of law in the country, which has to be prescribed by the law itself.  It is for sure that if any law is not backed by any important factor and has no mechanism to enforce its enforcement. i.e., sovereign, independent courts, and a body that implements and enforces the law as soon as possible, that law will have no effect and will only remain in the documents as a useless sentence or paragraph. Global governance has always faced this crucial question: how to enforce international treaties effectively?  This research paper will critically examine whether international laws are an important source, whether treaties have the above-mentioned essentials, which a governing law must have, as well as discuss the practical, real current cases of Pakistan, India, Russia, Ukraine, Israel, and Palestine conflicts. As it has been observed that powerful states and the states backed by them always show resistance or obstinacy towards the international forums, i.e., ICJ, the Security Council, which encourage the states to violate international law.  This research paper covers, that if a state or country can not andvance their laws by replicating the rigid, old, and out dated laws by implementing the treaties, conventions to which they are signatories and parties, so a real approach of reliance on regional institutions, private actors, and business forums should be adopted to effectively fill the gap between and and prctice.