Examine Slaughter and Burke-White?s reasoning on the ways in which international law can be said to play a new role in domestic governance

Examine Slaughter and Burke-White?s reasoning on the ways in which international law can be said to play a new role in domestic governance

Initially, international law was established to facilitate and promote interstate cooperation[2]. In particular, Lauterpacht denoted that the concept of functions of international law has primarily judicial characteristics[3]. Also, Kelsen emphasised that the most important function of international law is the determination of the validity of the national legal orders[4]. However, the emergence of new threats at international level, such as terrorism and organised crime, have made States much more powerless to address these international problems on their own[5]. As a result, international law has shifted from its more ‘classical’ ideal into a more coherent international regime which requires the domestic policies of states to respond effectively to these new threats[6]. Taking into consideration the new role of international law in regulating and transforming the domestic affairs of States, recent developments within the European Union and the hypothesis that global problems can arise within a State and not necessarily from a State actor itself, Slaughter and Burke-White published the paper ?The Future of International Law Is Domestic? (or, ?The European Way of Law?)?. …read more.

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By leaving international law to intervene in domestic affairs and to influence individuals? democratic wills, it is a matter of the morality of the law and the principle of sovereignty[17]. Conclusion After a careful examination of the aforementioned ways of enforcing international law in favour of domestic governance, it could be argued that this is the ideal way to support weak States and to boost the capability of their national institutions. However, Slaughter and Burke-White?s approach for strengthening domestic institutions, backstopping domestic government and compelling action by national governments fails to address other important issues; such as democracy and State sovereignty. Moreover, there could be reasonable basis for argument that the paper is not objective. For example it suggests that European Union Law constitutes a best pract