International Law Background of International Law: In any given society where people live together, conflicts of interests are bound to arise and there is always the need to do justice. Rules for the regulations of human conduct are, therefore, present in all societies. They are necessary for for the stability and peace because man would not know how he should behave. As the relations of the individuals in a society are governed by municipal law, law, the relations of the states are governed by international international law. law. Like municipal municipal law, law, international international law also maintains maintains internation international al order and stability stability in the society of nations. It is in the interest interest of states themselves themselves to agree and to regulate their relations with one another.
Definitions of International Law: Interna Internatio tional nal law means the law among among nations. nations. It is a law which which governs governs the conduct conduct of states' states' interests. International law is the body of rules which defines and regulates the relations of states in the the international society. society. It creates rights and obligations on the states. According to Lawrence, “International law is the b ody of rules of civilised states in their dealings”. According to Hall, “International law consists in certain rules which modern states regard in this relations with one another”. International law is the body of rules which regulates the relations of states, and is also known as 'Public International Law'. International law is divided into two laws: (1) The law law of war, war, and (2) The law law of peace. peace.
Relationship between International Law and Municipal Law: International law has already been defined above and as generally called 'Public International Law'. A distinction between public international law and private international law. law. Public Public intern internati ationa onall law regulat regulates es the conduct conduct of state statess with with one another; another; whereas whereas the privat privatee international law regulates the relations of the citizens of different states. Public international law is the same for all the states while private international law varies from state to state. Every state has its own rules of private international international law and they are laid down by the courts. Public Public internation international al law is concerned with the conduct of states, while private private internation international al law deals with the acts of individuals.
Public international law is a weak law, whereas private international law is more effective. Private international law is applied to those cases where some conflict is found between the municipal laws. Such conflict of law may may arise in cases of citizenship, marriage, divorce and so on. The need of arises when a municipal count has to apply foreign law which the municipal courts follow when a dispute arises between foreign element and private persons.
Development of International Law: In any given society where people live together, conflicts of interests are bound to arise and there is always need to do justice. justice. Rules, Rules, therefore, therefore, present present in all societi societies. es. They are necessary necessary for order order stability and peace because without them man would not know how he should behave. Such behaviour are called 'laws'. 'laws'. As the relations relations of the individuals in a society are governed governed by municipal laws, laws, the relations of sovereign states are governed by international international laws. International law maintains stability among the nations. It is in the interest interest of states themselves to to agree a set of principles of rules of their relations with one another ano ther..
Evolution of International Law: The evolution or history and development develop ment of international law is divided into the following stages: (1) The primitive primitive and and ancient period period,, (2) The midd middle le age, age, th (3) (3) The The 15 15 and 16th centuries, (4) (4) The The 19 19th century, and (5) (5) The The 20 20th century and later. later. (1) Primitive and Ancient Period: The early history of human civilisation, there are some traces of international law especially in ancient Greece, ancient Egypt, ancient Jews and ancient Rome. They entered into different different treaties with with other nations. (a) Ancient Greece: Amongst the Greeks we find that states relations were regu lated by international law which was based on a religious morality but these rules of international law were applied only on the people of the the same race. The non-Greeks were treated as 'barbarians'. 'barbarians'. (b) Ancient Rome: As in the Greece, in Rome also the rules of international law were on religious morality. (2) Middle Age: During the middle age there was no favourable climate for the development of international law. law. Following international laws were enacted mostly in the European countries: (a) The supremacy of church and its law throughout the European countries. Pope made the international law. law. (b) Beside the Pope, the Emperor represented represented the supreme authority authority in the western world. (3) 15th and 16th Centuries: The 15th and the 16th centuries centuries are considered considered as the centuries of the rise of international international law throughout throughout the Europe. The process of development development was spread over th th from the middle of the 6 century to the end of the 15 century. century. At that time Europe was in in fact divided into a great number of independent states and the necessity for international law to
regulate the relations of the states arose. It was during this time that a number of thinkers and writers began to work out several schemes. Thus at the end of the period, two factors become very apparent, i.e. fall of the church and secularisation of the political force, and the fall of Roman empire and the rise of sovereign states. states. Another Another important important feature feature of the two centuries centuries was the rise rise of a number of text books writers who not only gave a systematic treatment of the subject b ut also suggested new rules. (4) 19th Century: The The 19th century century was the period period during during which which treati treaties es and intern internati ational onal conferen conferences ces began to play a very vital vital role in the developm development ent of intern internati ational onal law. law. The Convention of Paris of 1856 contained rules for the guidance of states on warfare at sea. The third convention of importance was the Geneva Convention of 1864, which provided rules for the betterm betterment ent of the condit condition ion of the sick sick and wounded wounded in warfar warfare. e. Beside Besidess these these conventions which provided rules for regulation of warfare during this century, there were numerous conferences for the regulation of economic and social interest. Various arious internat internation ional al unions unions were formed formed for the promotio promotion n of the above intere interests sts.. For example, public health, public morals, public safety, safety, etc. The Hague Conference of 1899 called at the instance of the Czar of o f Russia, its objects was the limitation of armaments. (5) 20th Century: International law in the classical period (i.e. 15th to 19th century) century) developed developed to cover such things as freedom of seas, foreign courts, etc. The First World War brought the classical classical period of internation international al law to an end. After WWI, WWI, states states agreed in the League of Nations through collective security system. The same tendency of the 19th century can be seen till the First World War. War. There were many more international conferences. The most important of them was the Hague Conference of 1907. Europe realised the importance of international organisation for the purpose of maintaining internatio international nal peace and security and the promotion promotion of international international co-operation. co-operation. After the World War War I, the Treaty of Versailles Versailles laid the foundation of the League of Nations. The next th important treaty of the 20 century was the Treaty of Lacarno in 1925. After the World World War War II, the United Nations was established and its organ the International Court of Justice (ICJ) became a permanent international court of justice.
Nature and Functions of International Laws: International law means the law law among the nations of the the world. It is a law law which governs the conduct of the state interest. International law is the the body of rules which defines and regulates the relations of states in the international society. society. International laws are frequent frequent especially during the war periods. One of the biggest limitations limitations of the intern internati ational onal law is its enforcem enforcement ent.. Intern Internati ational onal Court Court of Justice Justice has no power power to enforc enforcee its judge judgement mentss on the states. states. The states states are free free to obey or disobey disobey the decisio decisions ns given by the ICJ. Violations Violations of international law are certainly frequent, frequent, especially, especially, during the war periods. The states in breaking international law never deny its existence but interpret it in a way as to justify their actions.
According to Austin, every law must be backed by the authority of the state and if that element is lacking, it cannot be called law. law. If this definition is applied to international law, law, it cannot be called law in the true sense. sense. There There is no politica politicall authority authority over and above above the states states to enforc enforcee the rules rules of international law. law. Mode Modern rn writ writer erss rega regard rd inte intern rnat atio ional nal law as true true law law. In spit spitee of a numbe numberr of weak weakne ness sses es in international law, modern jurists do not deny its legal character and consider it as something binding. Public international law is commonly divided into the 'Law of War' War' and 'Law of Peace':
Law of Peace: Law of peace consists of the following: (i) (ii) ii) (iii iii) (iv) (iv) (v) (vi) (vii) (vii (viii) i) (ix) (x)
Subje bjects of interna ernattiona onal law Sour ources ces of inter nterna nattiona ionall law law Righ Rightts and and dut duties ies of of st states ates Reco Recogn gnit itio ion n of stat states es and and gove govern rnme ment ntss State succession State te territory Nationality Treati reaties es and and agr agreem eemen ents ts Diplom plomaatic im immunit nities Settlement of disputes
Law of War: War in some cases may be lawful. The purpose of laws of war is to eliminate violence.
Public International Law and Private International Law: (a) Public Public international international law regulates the conduct of states, whereas the private internation international al law regulates the relations of the citizens of different states belonging to different political systems from state to state. (b) Public Public international international law is same for all the states, whereas whereas the private international international law varies from state to state. Every state has its own rules of private international international law. (c) Public Public international international law is concerned concerned with the conduct of states, states, while private international international law deals with the acts of individuals and not of states. (d) Public international law is a weak law, law, whereas private international law is is more effective in its its enforcement.
Basis of International Law: Internation International al law is very weak in its enforcement. enforcement. Most nations nations obey international international law because they consider in the general interest of international community to fulfil their obligations under international laws. Man possessed possessed some some fundamental fundamental rights rights as independence, independence, equality equality,, etc. Similarly Similarly state state also also possesses these fundamental rights. In the modern period, the the means of transport and communication
and other scientific scientific inventions inventions have brought brought the states of world world closer to each other. other. States States obey international law because it is in their interest to do so. It is true that international law is frequently violated but it does not mean that international law is not a law law as even even stat statee and municip municipal al laws laws are viol violat ated. ed. As compa compare red d to muni munici cipal pal / stat statee law law, its its enforcement is definitely weak. Despite the several weaknesses international law is constantly developing and its scope is expressing. The scope of internat internation ional al law has widened. widened. It covers covers not only the various various economic economic and social social interests of states, but also the fundamental rights and freedom of individual human beings.
International Law and National Law: International law is different from national law in the following aspects: (a) Internationa Internationall law applies to relations between between states, and individuals individuals and groups cannot bring cases before international bodies, such as ICJ. (b) Unlike Unlike nation national al law, law, intern internati ational onal law is not produc produced ed by legisl legislati ative ve body. body. (e.g. (e.g. Britis British h Parliament, Indian Parliament, etc.). (c) International courts do not have automatic jurisdiction over disputes.
Sources of International Law: There are several sources sources of international international law, law, most of them are derived from different different treaties. treaties. The five main sources of international law are as follows: ● ● ● ● ●
United Nations Charter Geneva Convention Legal principles Prior judicial decisions, and Writings Writings of legal scholars.
Role of United Nations in the Promotion and Institutionalisation of Human Rights: There are certain certain rights of the individual which which are inherent in his personality personality.. Human rights rights are universally accepted. There are few states where where the human rights are actually assured, including USA, UK, France, France, Japan, Canada, Australia Australia and New Zealand. Before Before the end of the second world war, war, efforts were made for the protection of human rights. The representatives gathered at the San Francisco Conference, to affirm human rights. Under Article 1, the United Nations is to achieve in promoting and encouraging human rights and fundamental freedom without distinction as to race, sex, language or religion. Under Article 13, it is the duty of the General Assembly to assist human rights and fundamental freedom for all.