English School Approch to

International Law
Nama Kelompok :
Isroni Muhammad Miraj (
Mirza )
Pandapotan Sidjabat
Syaiful Bachry
There are 2 approaches with regard to international society :
a. International Society as an entity : The first approach conceive
international entity as a whole/a subject/ a self-organizing and
evolving community that develops its organs or system born in a
certain socio cultural circumstances.
b. International Society as a process : This approach conceives
human society as an integral part of international society, as a
process. It may be called the process approach to international
society. The constantly moving relations constitute processes
which define and transform the form (behavior) and nature
(identity) of individual objects or agents. Processes thus defined
are therefore the most important feature of society, because it
defines and redefines the relational identity of the actor. It
stresses constant movement, change, and transformation through
interactive relationships
English School perceives the role of international law to be the
body of rules / normative core / normative framwork in
controlling the unpredictability and disturbances derived from the
vexation of international society as part of subject of international
law within the framework of international affairs. Such function is
essential in creating order within the international society.
From this point of view, it is clear that sociology is an essential
part of english school with regard to international law. It is based
on the fact that in order to scrutinize legal phenomena in
international law, one should also comprehend the essence of the
international society on which the existing legal system reflects
on.
Generally speaking, one of the most notable and
definining features concerning international law and
international society in which english school also
conceive of is noneother than the absence of a central
or common goverment and legislatve body which
distinguishes it from others.
With regard to the existing legal rules, States comply
with many of their legal obligations because it is
convenient or beneficial for them to do so. But they
also frequently comply with the law even when the
benefit derived from so doing is uncertain.
According to english school, another defining rules concerns the
importance of normative rules in society in which what people
expect the most with regard to their roles is noneother than how
these rules shape humans behaviour. Therefore, it is imperative
to apply these rules in such a way that the interests of the people
concerned could be effectively protected through a proper
behaviour of human mankind whenever they are involved in any
social interaction or social activity. Such normative rules prove to
be essential for a society to function properly.
According to english school, the third defining features of the
relationship between international law and international society is
the emphasis it gives to the lack of solidarity in international
society. Such phenomena can ultimately in certain cases lead to
anarchy. But in the very first phase it can create some sort of
distrust among states in particular regarding law making process.

There are criticism on English Schools thought concerning the
relationship and role of both international law and international
society. These criticism are as follow :
a. The school simply restates the core propositions of 19 and
early 20th century.
b. The school conceives international law in a limited and in
certain respect unrealistic way.
c. The schools approach is inherently conservative
d. The schools propositions are general in nature, and there isnt
much effort to verify them.
In practice, it is undoubtedly true that the challange of law
development process dan law making process appears to have
encountered a number of detterence since many problems within
the international society occur due to the lack of international
commitment in dealing with them.
Such incontrovertible fact motivates english schools theorist to
start taking the approach on international law, which has already
been taken for years, in some new and alternative directions.
Some difficulties or limitations shall first be taken into account
before such new approach can be succesfully executed. Such
diffuculties consist of :
a. The Role of Power in International Law
b. Norm Change
c. Domestic and Transnational Reference Groups
1
English Schools Approach to International law is generally perceived to be
sociological, which means international law is seen by the English school as a
constituent factor in an international society of states.
Although the approach is mainly sociological, but other aspects, inparticular
politics, shall also be taken into account.
2
English Schools Sociological Approcah to International law means
thatinternational society is an excellent framework or starting position
from which to assess and analyse the conditions of global world
affairs, in particular its legal system.
3
There are of course certain criticism and limitations concerning english
schools approach to international law, nonetheless such approach is
perceived by many scholars to eventually evolve towards new
directions in the future.