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In International law, the subjects, unlike that of national law, are the nation-states themselves. In this way, can we say that in temporal law here, there being no higher power, must be horizontal here rather than the vertical form it takes within a nation-state. Then we ought to consider nation-states in toto, as the de facto legislature, even if not de jure; that is in customary and positive law, as opposed to law itself.

Q. Is this an accurate description of how international law differed from domestic law in nation-states?

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No

International law is a web of multilateral and bilateral treaties and custom. There is no legislature, there are merely sovereign states agreeing between themselves what the law is.

  • Or Rather: should be in many cases, then the members build on that for national laws – Trish Nov 23 '20 at 11:15

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