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The Vanishing Point Metaphor
Imagine you are standing on a long, straight road. As you look toward the horizon, the two sides of the road seem to get closer and closer until they eventually touch and disappear at a single spot. In art and science, this is called the vanishing point.
In the world of legal studies, some famous scholars believe that International Law is exactly like that point on the horizon. They argue that as you move away from the “hard” laws of a country (like traffic laws or criminal codes) and toward the “soft” rules between nations, the law becomes so thin and weak that it eventually vanishes into nothing more than “good advice” or “morality.”
But is that true? Does law truly disappear when there is no “World Police” to enforce it? This article explores this classic debate, making it easy for students to understand whether international law is a solid reality or just a legal illusion.
The “Vanishing Point” Explained: T.E. Holland’s Critique
The phrase “vanishing point of jurisprudence” was coined by Thomas Erskine Holland. To understand this, imagine you are looking at railroad tracks. As they go further into the distance, they seem to touch and disappear into a single point.
Holland argued that jurisprudence (the study of law) requires a clear authority and a way to punish rule-breakers. He believed that as you move from “National Law” (like the laws of your country) to “International Law,” these requirements disappear. Therefore, international law isn’t “law”—it is just at the vanishing point where law ends and “ethics” begin.
Simple Example
If you steal a car in your city, the police arrest you. That is “Law.” If one country disagrees with another over a trade deal, there is no “World Police” to make an immediate arrest. Because of this, critics like Holland say the “law” has vanished.
The Austinian Hurdle: Command, Sovereign, and Sanction
John Austin, a famous legal philosopher, defined law using three “ingredients”:
- Command: Someone tells you what to do.
- Sovereign: A higher power (like a King or Parliament) issues the command.
- Sanction: You get punished if you disobey.
Critics argue international law is missing these. There is no “World King,” and the United Nations cannot always punish powerful countries. Therefore, Austin classified international law as “Positive International Morality”—similar to the “rules” of a social club or a game of sports, rather than actual law.
The Legal Defense: Why International Law Is “Real Law”
Modern scholars (like H.L.A. Hart) argue that the “Vanishing Point” theory is too simple. They say law isn’t just about being punished; it’s about recognition.
States don’t treat international rules as “suggestions.” They treat them as legal obligations. They hire thousands of lawyers to interpret treaties and argue their cases in court. If it were just “morality,” they wouldn’t go to such trouble.
Leading Case Study: The Paquete Habana (1900)
This is one of the most important cases for students. During the Spanish-American War, the U.S. Navy seized two Cuban fishing boats as “prizes of war.”
The owners sued, arguing that an old International Custom forbade the seizure of small fishing vessels. The U.S. Supreme Court agreed, famously stating:
“International law is part of our law, and must be ascertained and administered by the courts of justice…”
The Lesson
Even without a “World King,” national courts recognize international rules as binding law. It didn’t “vanish” here; it was enforced by a national judge.
The Concept of Sovereignty: S.S. Wimbledon Case (1923)
Critics say countries are “sovereign” (they have no boss), so they can’t be bound by law. However, the S.S. Wimbledon Case changed this view.
The Permanent Court of International Justice ruled that when a country signs a treaty, they aren’t “losing” their power. Instead, they are using their power to make a deal.
Practical Example
If you sign a contract to buy a phone, you aren’t “less free.” You used your freedom to make a legal agreement. International law works the same way through treaties.
Why Do States Obey? (Practical Examples)
If there is no “World Police,” why do countries follow the rules 99% of the time?
- Reciprocity (The Golden Rule): If Country A respects the diplomats of Country B, then Country B will respect Country A’s diplomats.
- Predictability: Pilots flying from Tokyo to London rely on international aviation laws to land safely. Without these laws, global travel would be a mess.
- Reputation: Countries that break laws (like North Korea) face “sanctions” (economic punishments) and lose trade partners.
Leading Case Study: Nicaragua v. USA (1986)
In this case, Nicaragua sued the U.S. for supporting rebels (the Contras) and mining their harbors. The U.S. argued that the International Court of Justice (ICJ) had no right to judge them.
The Court ruled against the U.S., stating that the principles of non-use of force and non-intervention are solid legal rules that apply to everyone—even superpowers. While the U.S. was unhappy with the result, the case proved that international law provides a formal “yardstick” to measure right from wrong.
Conclusion: The Verdict on the Vanishing Point
Is International Law a vanishing point? No. While it lacks a “World Police Force,” it exists in the daily actions of states, the decisions of national courts, and the thousands of treaties that keep our world running.
It is not the “end” of law; it is a different kind of law. Instead of a “vertical” system (Boss → Subject), it is a “horizontal” system (Partner ↔ Partner).
As long as states feel the need to justify their actions using legal language, international law remains a vibrant, visible, and essential part of jurisprudence. “`
Written By: Judge Nazmul Hasan
Senior Judicial Magistrate | Prime Minister Gold Medalist
Profile Overview
p>Nazmul Hasan is a highly accomplished judicial officer and legal scholar from Bangladesh, distinguished by a rare blend of judicial service excellence and unparalleled academic achievement.
Professional Expertise
| Title | Achievement / Service | Details |
|---|---|---|
| Senior Judicial Magistrate | Bangladesh Judicial Service (BJS) | Serving as a Senior Judicial Magistrate, demonstrating profound expertise in dispensing justice and administering court procedures. |
| Service Rank | 11th Bangladesh Judicial Service (BJS) | Secured the 7th Merit Position overall in the rigorous 11th BJS competitive examination, marking an exceptional start to a distinguished judicial career. |
Academic Distinction
| Qualification | Institution | Recognition |
|---|---|---|
| LL.B. (Hons.) | University of Rajshahi | First Class First (Top of the Cohort), signifying ultimate academic mastery in undergraduate legal studies. |
| LL.M. | University of Rajshahi | Achieved First Class standing, further solidifying expertise and specialized knowledge in advanced legal disciplines. |
Honors & Achievements (Awards of Excellence)
- Prime Minister Gold Medalist (2017)
Awarded the nation’s most prestigious academic honor for outstanding performance across all disciplines at the university level. - Agrani Bank Gold Medalist for Academic Excellence (2023)
Recognized with this distinguished medal for sustained academic excellence and leadership in the field of law.
Contact Information
Email: [email protected]
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