Natural Law vs. Public International Law

Attribute	Natural Law	Public International Law
Source of Law	Derived from moral principles and human reason	Derived from treaties, custom, and general principles of law
Scope	Applies universally to all individuals	Applies to states and international organizations
Enforcement	Relies on individual conscience and moral obligation	Enforcement mechanisms include diplomatic pressure, sanctions, and international courts
Flexibility	Can adapt to changing societal values and circumstances	Can be slow to adapt due to the need for consensus among states

Definition

Natural Law is a theory that posits the existence of a universal set of moral principles that govern human behavior. These principles are believed to be inherent in nature and can be discovered through reason and rational thinking. Public International Law, on the other hand, refers to the body of rules and principles that govern the relationships between states and other international actors. It is based on treaties, customs, and conventions agreed upon by sovereign states.

Source of Law

Natural Law is believed to be derived from a higher authority, such as God or nature, and is considered to be immutable and eternal. It is seen as a reflection of the moral order of the universe. Public International Law, on the other hand, is created by states through treaties and agreements. It is based on the consent of sovereign states and can be changed or modified through negotiation and consensus.

Scope

Natural Law is often seen as universal and applicable to all human beings regardless of their nationality or culture. It is believed to be binding on individuals and states alike. Public International Law, on the other hand, is primarily concerned with the conduct of states in their interactions with each other. It does not necessarily apply to individuals unless incorporated into domestic law by states.

Enforcement

Natural Law is often seen as self-enforcing, as it is believed that individuals have an innate sense of right and wrong. Violations of Natural Law may result in feelings of guilt or remorse. Public International Law, on the other hand, relies on states to enforce its rules and principles. This can be done through diplomatic means, economic sanctions, or, in extreme cases, the use of force.

Flexibility

Natural Law is often seen as rigid and unchanging, as it is based on universal moral principles. It is believed to be timeless and immutable. Public International Law, on the other hand, is more flexible and adaptable. It can evolve over time to reflect changes in the international system and the needs of states.

Role of States

In Natural Law theory, states are seen as subject to the same moral principles as individuals. They are expected to act in accordance with the dictates of Natural Law in their interactions with other states. In Public International Law, states are the primary actors and creators of the law. They have the power to enter into treaties, make agreements, and establish norms that govern their behavior.

Conclusion

In conclusion, Natural Law and Public International Law are two distinct legal theories that govern human behavior at different levels. While Natural Law is based on universal moral principles derived from a higher authority, Public International Law is created by states through treaties and agreements. Despite their differences, both theories play a crucial role in shaping the behavior of individuals and states in the international system.