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5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Khalafall El-Rasheed Mohamed AhmedFormer Chief Justice of SudanThe theme of the conference as envisaged in the letter of invitation is the need forEnforceable International Law. It has been said that international law is not law becauseit is not promulgated by a recognized law-making body and it is not enforceable by acentral power. Yet this is not a truism that cannot be circumvented.Treaties now comprise the main source of international law and states parties to thosetreaties must be bound by them. Treaties operate on the strength of the maxim PACTASUNT SERVANDA. i.e. that the provisions of the treaty should be executed in goodfaith. If a state fails to carry out its obligations under the treaty, there may be no real wayHon’ble Mr Justice Khalafall El-RasheedMohamed Ahmed, Former Chief Justiceof coersive measures to be taken to enforce the treaty. Of course, sanctions could be of Sudan addressing the Conferencetaken against the delinquent state. But how far such measures go is a matter governed bythe particular facts of the situation. The effect of the measure may not be apparent in the crucial time for real enforcement.However international law has hitherto been working reasonably well. But there are some obstacles that might affect thesanctity of international law viz.:(1) The VETO exercised by the permanent members of the Security Council who in reality fund the United NationsOrganization.(2) The limited number of the Security Council membership.(3) The ineffectiveness of the majority of the members of the UN and their inability to contribute to the finance of theorganization,(4) The absence of a military or police force belonging to the UN which can be deployed when needed to deter atransgressor.Be that as it may, international law has suffered a severe set back because of the invasion of Iraq by the United States andBritish forces. The UN was ignored and even dismissed as almost irrelevant. Third world states faith in the global organizationwas severely shaken and they nearly despaired in its future.I do not want to blow the horn of doom. I am optimistic by nature and do repose confidence in the wisdom and ability ofmankind to forge a better and humane world. This concept is based on the very nature of the evolution of international lawand its ability to react with the reality of the situation that arises. Add to this the realization of the modern world that theyneed to coexist in peace. A corollary to this, mutual interest and shared values must be respected and safeguarded.Globalization however resisted and mistrusted, transcends national boundaries and transnational companies are paradoxicallylinking the peoples of the world without offering to them any real reward for accepting them.It is common understanding that in the final analysis people are convinced that the realities of life urge them to hoist acommon flag. Not long ago, the Indian Judge PAL opined” the federation of mankind based upon the external balance ofnational states, may be the ideal of the future and perhaps is already pictured in the minds of our generation.... It cannot bedenied that in one sense customary law, statute and juristic law are shoots from the same slip, namely, popular consciousness.In this sense the center of gravity of the development of all law.... can be placed in the legal consciousness of a people”.Judge PAL thought that a world authority could only be realized if the states (political units) agree to yield their sovereigntyand form themselves into a society.--40--