INTERNATIONAL LAWS (NATURE AND SCOPE)

Topic Cover –MA Sem-III (P-XIII) International Law

Submitted By

Dr. Jiwan Devi

Dept. of Political Science

HMV Jalandhar, Punjab, India

INTRODUCTION

• International laws are a set of rules, agreements and treaties that are binding between countries. Countries come together to make binding rules that they believe will benefit the citizens.
• It is an independent system of law existing outside the legal framework of a particular state. International Law can be considered as treaties, set of rules and agreements between countries that are binding between them.
• International Law governs how nations must interact with other nations. It is extremely useful in regulating the issue of jurisdiction which arises when people trade among different States.
• The main purpose of International Law is to promote justice, peace and common interest.

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DEFINATION

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According to Oppenheim, International Law is a “Law of Nations or it is the name for the body of customary law and conventional rules which are considered to be binding by civilized States in their intercourse with each others

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RELEVANCE AND FUNCTION OF INTERNATIONAL LAW

• International Law grew out of necessity. As International engagement increased, International Law expanded.
• International Law is the most convenient form of regulating world order in the present-day world.
• International Law aims to maintain international peace and security provide for fundamental rights, freedoms and human rights, to refrain the State from the use of threat or force against the territorial integrity of any other State, to provide for the right of self-determination to people, to solve International problems by achieving International cooperation, to use peaceful means for settlement of international disputes

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CLASSIFICATION OF INTERNATIONAL LAW

Public International Law

• Public International Law is regulated by the treaties and globally accepted norms and customs which are included as State practice and opinio Juris.
• It regulates the relationship between those nations and peoples that are prone to be affected by a particular law as they are bound by these legal codes and rules

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Private International Law

It regulates private conflicts between individuals rather than the States. It seeks to resolve disputes in the domestic municipal body which involves an issue revolving beyond its domestic jurisdiction.

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SOURCES OF INTERNATIONAL LAW

The sources of International Law are treaties, custom, general principles of law recognized by civilized nations, judicial decisions and teachings of publicists.

Treaties

• The concept of treaty is based on a customary law principle which means promises must be kept. In a treaty, countries create their terms of rights and obligations out of their volition, thus it is very similar to a contract.
• Therefore, a treaty is a written agreement between two or more States which lays down the manner in which every State would act while doing dealings with other participating States.

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Custom

Custom is one of the primary sources of International Law. In International Law, it is considered to be of particular importance because of its decentralized nature. Two conditions are essential for an act of a State to constitute as custom:

1. The first being the State practice itself, it is not necessary that the act of a State necessarily needs to be positive in nature. State practice should be extensive, uniform and consistent and prevail for at least such a period of time as would establish it as a recognized act of States.

2. The second essential is opinion of juris, which means, the psychological belief of a State that its act is creating a legally obligatory position for itself. But it should be noticed that not every activity of a State would necessarily create binding rules of customary law.

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GENERAL PRINCIPLES OF LAW

• As in International Law there is no cohesive body for legislating laws or any Court that has the power to set precedents, thus it is relatively undeveloped as compared to the Municipal Law.
• Article 38 of the Statute of the ICJ provides for ‘general principles of law recognized by civilized nations’ as a source of law.

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DIFFERENCE BETWEEN INTERNATIONAL LAW AND�MUNICIPAL LAW�

• Firstly, International Law is majorly concerned with the relation among States. Whereas Municipal Law controls the relationship between individuals and the State and between the individuals within a State.
• Secondly, in the case of International Law, the law is not above the individuals but between the sovereign States and the States themselves create the law. In International Law, the States often disobey the laws or create laws as per their interests.

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• Thirdly, the sources of both laws differ. Article 38 of the Statute of the ICJ is considered as the most statement of the sources of law for the Public International Law.
• It states the sources of law such as customs, conventions, treaties, general principles of law recognized by civilized nations and judicial decisions and teachings of highly qualified publicists.
• Whereas in the case of Municipal Laws there is a hierarchy of laws which determines, which legal commandment is more authoritative than others.

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SCOPE OF INTERNATIONAL LAW

• The scope of International Law is extensive. It covers diverse areas that impact global affairs.
• Some key aspects within its scope are: Diplomatic Relations: International Law establishes rules and protocols for diplomatic relations between countries.
• The International Law consists of the rules and principles governing the relations of the nations with each other as well as the relation between state and individual, and the relation between international organizations.
• It also covers global common issues such as international waters, sustainable development, environmental problems.  

�INTERSTATE RELATIONS AND THEIR REGULATION�

• The International Law has state subjects. When civilized states came into existence then interrelation was natural.
• A mutual understanding and natural interrelation became necessary. They have framed their own rules, regulations, and treaties for further transactions.
• The rules and regulations are laid down categorically in these relations because it facilitates the amicable working of the functions between the states.
• The rules and regulations broadly provide opportunities for different programs to be carried out by different states. The customs followed by the countries have culminated into laws.

�INTERNATIONAL ORGANIZATIONS�

• A major development in the 19th and 20th century in International Law is the prominent position of the International Organisations.
• The operations of these organisations is on the global, regional, and sub-regional level.
• These organizations seek to achieve the objective of the welfare of people.
• These organizations are funded majorly by the developed countries and they are actively supporting the developing countries for the betterment of the lives of the people.

THREE FOLD CLASSIFICATION OF INTERNATIONAL LAW

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1.The law of peace

2.The Law of War

3.The law of Neutrality

�ROLE OF THE INDIVIDUAL IN INTERNATIONAL LAW�

• The individual has been considered as an entity in international law after many decades.
• The individual has the least participation in international law during the inception stage. The term individual has a wide legal connotation, it is not something limited to a person, it may be an entity, an enterprise or big business conglomerate.
• The term individual may be a legal person whose job is to secure the rights of people across the globe.

• The individual is the basis on which the entire international law works because the objective of international law is to protect the interest of the individuals.
• All the treaties, regulations and customs have benefitted the individual in many capacities.
• The objective of the International Law is to achieve global justice and resolve the dispute amicably, that ultimately helps individuals. 

CONCLUSION

• International Law is a set of rules which are necessary in order to regulate the behaviour of nation-States towards each other so as to ensure peace and welfare of the International community.
• It helps in resolving disputes amongst States. International Law may influence internal laws too and may become a part of domestic law.

• It is not necessary for International Law to be codified into an agreement. There have been a lot of developments in the Modern International Law and the International Court of Justice is considered as the principal body responsible for upholding the tenants of International Law.
• The International Law has thrived in many aspects. It has dynamic applicability in the current scenario.
• The objective of securing global justice for society is the sole aim that should be focused on by the interested entities on the international arena.

THANK YOU!