Showing posts from October, 2021

Is International Law really law or not?

What is “law”? Must it be rules written down? Can it be general principles? What about case law? Must “law” be enforceable? It seems that to say international law is not really law is too simplistic a view to take. There is no specific full list of what exactly is constituted within international law, and states can and do breach international law, but this is not to say that it is not an effective process, even if it may not be as black and white, or obviously “law”, as the domestic laws of individual states.  The International Court of Justice considers a number of “sources” of international law when deciding a case, as listed in Article 38 of its statute: Conventions (i.e. treaties), Custom, General principles, Judicial decisions, Academic writing. This is not a complete list of the sources of international law as Article 38 is simply a direction to the International Court of Justice(ICJ), which does not in itself represent the totality of international law, and is not meant

A discussion on how the EU still suffers from a democratic deficit despite the increased involvement of the European Parliament in the legislative process.

‘Democracy suggests that citizens should have a real say in govt policy and a real influence on the most’ important decisions, and the European Parliament (EP) is supposed to provide the democratic element in the EU system by representing the citizens of the EU, but whilst the EP is selected by the citizens of Europe, this is only one EU institution and one source of legitimacy.  The ordinary legislative procedure, used to adopt most Union legislation and seen in Article 294 of the Treaty on the Functioning of the European Union, increases the power of the European Parliament, thereby arguably improving the democratic deficit. The European Parliament is now seen on the same footing as the Council and the European Parliament now has the power to prevent a proposal from being adopted. This seems to be an improvement in terms of legitimacy and democracy because there will be direct involvement of citizens through the EP and because the EP has the power to prevent adoption of a proposal.