It has been argued by Pomeroy8 that "international law" is in reality not a system of law at all, but rather a system of "international morality."

4 Wilson & Tucker on International Law, Sec. 1.

5 The Antelope, 10 Wheaton, 122.

6 "Zouch (1590-1660), the successor of Gentills, as professor of Roman Law at Oxford, while a follower of Grotius in matter and method, deserves mention for his distinction between jus gentium and that law to which he gives the name jus inter gentes, in the French translation called Droit entre les Gens, later Droit International, and in the English, Law of Nations, and since the latter part of the eighteenth century, when Bentham led the way, International Law." - Wilson & Tucker on International Law, page 26.

7 See subject of Legal History, Vol. 1, Subj. 2, Sec. 20.

8 Pomeroy on International Law, Sec. 291.

It has been denied by other writers also that international law is, properly speaking, law at all. The better view, however, is that international law is properly considered as a system of law, although lacking some of the attributes to be found in the other branches of this science.

"If law is defined, as by Austin, 'A rule laid down for the guidance of an intelligent being by an intelligent being having power over him,' it would not be possible to include under it international law without undue liberality in the interpretation of the language.

"In form, however, law is a body of rules and principles in accord with which phenomena take place. If these rules are not followed as enunciated by the state in case of statute law, certain penalties are inflicted. The nature of the penalty must, to a great extent, depend upon the source. International law is the body of rules and principles, in accord with which, interstate phenomena take place. Violations of international law do not meet the same penalties as those of statute law, as they do not have the same source nor an established tribunal for their enforcement. International law is, however, in form law and in practice so regarded." 9