International Law: Meaning, Types, & Sources

With the growing international commercial, economic, and political relationship, a need arose to have a precisely defined law to govern the international affairs as well as international trade and commerce. So, based on such concept, the legislation of international law started.

What is the Meaning of International Law?

International law is a set of legal regulations that governs the legal standing of nations and other people and relationships with a global impact as well as the associated topics of international law. The establishment of legal relations that are governed by international law is the primary objective or purpose of international law.

Likewise, it is the body of regulation that pre−dominantly governs the correlation between sovereign states, governments, and other international organizations. Usually, people who are governed by it are obligated to follow its rules and regulations. Some global norms and guidelines are not technically enforceable; hence they are considered "soft" laws. These are also crucial because they serve as norms that could be indirectly imposed, such as through other states' disapproval or requirements for receiving development aid. They are also significant since they are universally recognized as values.

Historical Development of International Law

The history of the modern system of international law is only four hundred years old. Its evolution can be seen through the following diagram −

Aim of International Law

As the interstate participation has increased, it led to the development of international law. Its purpose is to promote truce, harmony, and provide protection to every nation. Hereinafter the aims are −

• The defense of fundamental human rights.

• The prohibition of using force or threatening to use force over the territory of any other state.

• The assurance of the individual's right to self−determination.

• The settlement of international disputes through international cooperation. Among its other advantages is the employment of peaceful measures to settle international problems.

Classification of International Law

There are two main categories of international law −

International Public Law

The conduct and relationships between states are governed by the international public law. For instance, two states have extradition agreements to return fugitives.

International Private Law

It refers to the laws and concepts that are used to decide cases involving foreign parties. For instance, if a contract was signed in India between an Indian and a Iranian person and was to be carried out in Ceylon, the laws and regulations that would be used to decide the rights and obligations of the parties are referred to as "Private International Law."

Genesis of International Law

The genesis of international law are as follows −

Treaties

The word "treaty" is used to refer to all types of international agreements, including conventions, pacts, general acts, charters, statutes, declarations, covenants, and protocols, as well as just the word "agreements" itself. A treaty is a formal international agreement reached between states that is controlled by international law. A treaty is defined as an international agreement between states that is in writing and controlled by international law, whether it is contained in a single instrument or two or more related instruments.

Custom

"Custom" refers to a pattern of behavior. It is the earliest and oldest source of international law as well as law generally. The international community finally recognized these rules after a protracted historical process during which they had usually evolved. Although they are distinct, the words "custom" and "usage" are frequently used interchangeably. According to the law, a "custom" is any usage that has gained legal sanction. Usage is the final phase of tradition. Usage ends and custom begins. Usage is a global behavior pattern that lacks complete legal attestation. It is not required that a use come before a custom. Additionally, it's not required for a usage to always develop into a custom.

General Principles of Law

General principles of law, which means that there is an agreement that the general principles of law do constitute a separate source of international law, Examples of general principles of law are the principles of consent, equality, administration of justice, good faith, reciprocity, forbidding abuse of rights, and res judicata.

Judicial Decisions

The International Court of Justice (ICJ) or other organization will cite domestic court rulings from the various states as well as academic works from the global community. The International Court of Justice's statute states that the court would use rulings from the highest−caliber judges and publicists as "secondary means for the formulation of principles of law." With the exception of the parties to a specific case, the decisions of the ICJ are not legally binding (Statute of the ICJ, Article 59). Even though there isn't a formal, uniform system of binding precedent, the ICJ does take into account the law it has used in prior instances, as well as its earlier rulings and advisory opinions.

Jurist Work

In addition to using legal analogies and legal philosophy to establish norms, jurists and publicists also compare and contrast various legal systems around the world and examine their respective historical contexts. They must therefore be entitled to consultation in resolving a dispute because they have dedicated their careers to the study of law. In other words, their viewpoint on a particular legal issue is considered credible as a result of their insightful research and useful experiments. The statute additionally states that the Court must turn to these jurists' publications if there is no treaty, legal custom, or broad principles of law.

Division of International Law

The branches of international law are −

• Jus Gentium − The phrase "jus gentium" (a Latin term that described as "the law of peoples") alludes to the belief that the treatment of human beings within the ambit of the law is its fundamental justification. In other words, people are appropriately seen as subjects of law rather than as objects of law. This is due to the fact that when people are considered as nothing more than means rather than as ends in and of themselves, it is unjust.

• Just Inter Gentes − The Latin phrase "jus inter gentes" basically mean as "law between the peoples." It consists of all international treaties, U.N. conventions, and other accords. Public international law includes jus inter gentes extensively. Internationally recognized human rights are also a part of jus inter gentes.

Codification of International Law

Bentham was the one who initially proposed codification. The Declaration of the Rights of Nations of 1792 by France was the first attempt. Abhe Gregorie drafted 21 articles for this purpose. However, the convention was not a success. The first successful attempt was made at the Ist Hague Conference convened by Emperor Nicholas II of Russia in 1899. This showed the possibility of codification.

The conference codified, inter alia −

• Pacific settlement of disputes and

• Law and custom of war on land.

The IInd Hague Conference of 1907 passed 13 conventions. They relate to Maritime Navigation, rules of war. A parallel development in the field was the peace treaty of 1919. The League provided for an international law commission consisting of 15 jurists. Subjects which were ripe for codification were selected by them. Codification relating to nationality, territorial waters, privileges and immunities of ambassadors etc., were successfully made. The convention declared the renunciation of war as an instrument of National Policy (1929). The codification of international law conference met in 1930 under the vigilance of International Law Commission is charged with the duty of codification and progressive development of international law.

The modern trend is toward international legislation, and therefore contributions for the development of international law are− the International Court of Arbitration, I.C.J., and International Law Commission in formulating treaty−drafts, in respect of volume and area covered, are phenomenal. The processes in codification and progressive development of international law are confirming themselves and becoming part of law−making in the field of international law.

Conclusion

International law contemplates to promote peace, harmony, and protection. It governs relation between sovereign states and between governments and international alliances. The fundamental rights are protected by international law, which also serves to promote global peace and harmony and mediate disputes between various groups of people, states, and countries. International relations are still harmed by a variety of problems, which need to be addressed.

Frequently Asked Questions

Q. What is the role of international law?

The creation of a body of international law, which is essential to advancing international peace and security as well as economic and social development, is one of the United Nations' greatest accomplishments. Conventions, treaties, and standards serve as the foundation for international law.

Q. What do you mean by “Ex aequo et bono”?

It means, equity and good conscience. One of the fundamentals of the judiciary is to solve the dispute at hand and not plead its helplessness or the non− availability of any definite law.

Q. What are the rules of international law?

The laws that regulate interactions between nations are referred to as international law. Although there is no higher authority to enforce these laws, governments nonetheless view international law as binding upon them, and it is this reality that gives these laws the character of law.

Q. What are the subjects of international law?

International law is concerned with the rights, duties, and interests of states. Subjects of international law are −

• Incumbent of International rights and duties

• Possessor of procedural privileges for suing in International Courts and Tribunals.

• Possessor of interests under international law.

• Capacity to enter into treaties and international obligations.