Edgard Moreno Raul Leoni: Public international law seeks to unite and pacify societies
International law is the product of the treaties and customary rules and one that can only be
obtained in each case and in each specific historic time of observation of
these sources.
Thus, in each subject we will have to observe the treaties and customary rules and deduce comparing both similarities and similarities
through a process of abstraction to general and positive law, which is closer
to European International.
Now, the legal system is
justified by their functional necessity in relation to society, and this
society from which it derives its validity is not formal, but substantial. It
relates to their suitability for the role has to fulfill in every society,
which is to unite and pacify.
It should be emphasized that public
international law has not in principle of a centralized power structure,
endowed with the competence required to exercise coercion against that State that
fails to comply with its international
obligations, so the violations of international order will not be subject
usually to an institutionalized response that comes from a higher authority in
the territories, but the answer is rather from self titled measures taken by
the injured State.
The entity
referred to its own of a structure of juxtaposition, which can take a plurality
of forms or shapes, and such rupture of diplomatic relations or retaliation;
measures whose effectiveness depends on the entity of the international subject
that adopts them.
As the international society
is institutionalizing itself, apart from surveillance measures and
international monitoring, international organizations, specifically the United Nations, through the Security
Council it can decide punitive measures centralized applying Chapter VII of the
Charter.
In short, the incipient
institutionalization of outside society endows it in principle suitable bodies
to adopt and implement certain measures against States that become offenders of
the social order.



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