International Law

International Law
Introduction
Law is the element of the society which helps to develop a framework within which
rights and duties can be established. The world today requires a method where
interstate relations can be conducted, and International Law fills this gap. The United
Nations developed this body of International Law for the purpose of promoting
international peace and security.
Countries come together to make binding rules that they believe will benefit their
citizens. International Laws promote peace, justice, common interests and trade.
States work together to strengthen International Law because it plays an important
role in society. International Law is directly and strongly influenced by the writings of
jurists and publicists, instructions to diplomatic agents, important conventions even
when they are not ratified, and arbitral awards.
Definition of International Law

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.
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, which 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.
Principles of International Law
International Law is based on the following two principles:
1. Jus Gentium: These set of rules do not form part of a legal statute but mutually
governs the relationship between two nations.
2. Jus Inter Gentes: These refer to those treaties and agreements that are accepted
by both countries mutually.
International Law provides effective means through which peaceful settlement of

disputes can be done. It is mainly concerned with the rights, duties and the interests of
the State.
Classification of International Law

International Law can be classified into two groups:
1
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.
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.
What are the 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 pacta sunt servanda, which is 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. Sometimes, in place of treaties other terms such as charters,
declarations, conventions and statutes are often used.
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 opinio 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.
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.
In the Chorzow Factory Case, the general principle of International Law, it is the
duty of a State to make reparations upon the breach of an international obligation, was
recognized by the Permanent Court of International Justice. In the Corfu Channel
2
Case, while referring to circumstantial evidence, the ICJ pointed out that ‘in all
systems of law indirect evidence is admitted and its use is recognized by International
decisions’. The principle of res judicata is too recognised by International Law.
Judicial Decisions
As per Article 38, judicial decisions are recognized as subsidiary means of
determination of law. Article 59 of the Statute of the ICJ states that the decisions of
the Court can only guide them but does not have any binding value on the Court and
the court is authorised to apply the previous decisions of the court which are known as
the evidence of International Law.
ICJ through its case laws, advisory opinions and judges role-play a major role in the
law-making process. One of the major examples of this was laid down in the case of
Nicaragua vs. USA where the principle of the prohibition against the use of threat or
use of force was recognised. This principle is now considered to be a part of
Customary International Law.
Writings of the Publicists

As per Article 38, teachings of the highly qualified writers of International Law such
as Gentili, Grotius, and Vattel are considered as the subsidiary means of
determination of law. The role of the writers is extremely significant in providing a
structure and coherence in the field of International Law. Textbooks are used as a
method of discovering law on any particular point and law cannot be created even by
the writings of the most respected International Lawyers. As they provide an
understanding and explanation of the principles of International Law these are
considered as an evidentiary source of law.
Can International Law be termed as a true law?

There has been a lot of controversy regarding this question. Some answered the
question in negative while others in the affirmative. Some feel that International Law
lacks the element of certainty, stability and predictability.
Not a true law

John Austin, a leading English writer on Jurisprudence supports the view that
International Law is not a law. As per him, International Law is a code of moral force
and rules of conduct only. In his opinion, International Law does not have any
sanction behind it and it doesn’t emanate from a law giving authority. He described
International Law as the one consisting of positive International morality and opinions
or sentiments which are followed by the nations as per their own wish.
Holland is of the view that International Law is extremely different from ordinary
laws as it is not supported by the State’s authority. As per him, the private law is writ
large. He describes International Law as the vanishing point of Jurisprudence.
A true Law
Hall And Lawrence consider International Law as true law. According to them,
International Law is derived from custom and precedents which are a source of law
3
and it is habitually treated like a certain kind of positive law.
Sir Frederick Pollock observed that for International Law to be binding upon the
members, the only essential conditions are the existence of political community and
the recognition by its members of settled rules binding upon them in that capacity.
International Law wholly satisfies these conditions.
What is the difference between International Law and Municipal

Law?
The basis of both laws is different in many ways.
1. 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.
2. 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. Whereas in
the case of Municipal Law, the law is deemed to be above the individuals, as is the
case with the laws of most of the countries, the law is deemed to be above individuals.
Thirdly, the sources of both laws differ. Article 38 of the Statute of the ICJ is
considered as the most authoritative 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.
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.
References
 https://legalcareerpath.com/international-law/
 https://www.academia.edu/27871613/
PUBLIC_INTERNATIONAL_LAW_LECTURE_NOTES
 https://www.justia.com/international-law/
 https://www.un.org/en/sections/issues-depth/international-law-and-justice/
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International Law

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International Law

Definition of International Law

Relevance and Function of International Law

Principles of International Law

International Law is based on the following two principles:

International Law provides effective means through which peaceful settlement of

Classification of International Law

Private International Law

What are the sources of International Law?

General Principles of Law

Writings of the Publicists

Can International Law be termed as a true law?

Not a true law

What is the difference between International Law and Municipal

It is not necessary for International Law to be codified into an agreement. There

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