International laws are primarily a set of rules, Principles, Covenants, Convention, declaration, agreements and treaties that are binding between countries across the world. The chief aim of international law is to maintain international peace and security among different countries. In light of this, the present paper is an attempt to comprehend the definitional contours, origin, development and basis of international law and to understand to present day status of international law with recent expansion.
The notion of International law may be described as that body of groups of laws which is composed for its greater part of the principles and rules of conduct, which every countries across the globe feel themselves legally and morally bound to observed and so ordinarily observe in their relation with each other. There are some best colleges for LL.B in India that successfully running a specialization course in public international law and also organizing international conference in collaboration with United Nations on various socio-legal issues in world. Public international law comprises the rulebooks of law relating to the functioning of international institutions, their relation with each other and their relation with state and individuals and some legal rules with respect to the rights and duties relating to individuals and non-state entities of the international community in world. The term ‘International law', also denoted to as Laws of Nations which was first coined by Jeremy Bentham in 1780. This classification of law goes beyond the traditional definition of international law as a scheme composed exclusively of rules governing the relation between nations only. Professor Charles Cheney Hyde defined “international law as that law which basically concerned with the conduct of states and of international organisation and with their relation inters se, as well as some of their relations with persons, whether it's a natural and artificial personality” The development in the international law that have taken place are predominantly, the formation several permanent international institutions or organisation such as UN, WHO, ILO etc; and also the creation of new rules and principles for the punishment of persons committing the international crime of genocide or race, crime of aggression, destruction and imposition of duties on individuals which has given rise of new rules of international law in the world.
The chief element of the international law is characterize by requisite rules principles, commanding duties and conferring rights upon states, conversely international lawyers and stakeholders have now increasingly to concern themselves with guidelines and recommended standards expressed in a non-binding such as ILO declaration etc. There are apart from these the so called gentlemen's agreement i.e. accepted undertakings governing the world communities of the number of Judges of the International Court of Justice that may be elected from the countries of each particular nation. It is possible that treaties may impose no binding obligation but serve simply to formulate moral and political precepts[1].The chief purpose of international law has been to yield an ordered rather than a just system of international relation hitherto lately there has been a proof of evidence to ensure justice be done between states however the modern public international law aims at safeguarding socio-legal justice for every individuals in the earth.[2]
Basis and Development of International Law
The contemporary system of international law is a by-product of last 400 years work on international law by different jurist, thinkers, social scientist and international scholars. It developed to some extent out of the usage and practices of modern European nations in their communication and relation with each other, simultaneously it also bear the influence of old writers on international law of early centuries who first framed some of its most major canons. Furthermore it rests touched with concept of sovereignty and perfect equality and independence of state.
The historical retrospect of the international law begin with the treaties, immunities of ambassadors and certain law and usage of war as evident before the commencement of Christianity religion in the globe. In the epoch of Greek rule, the evidence of nascent form of international law is been seen, which in the words of Professor Vinogradoff[3] aptly describe as
[1] Commonwealth of Australia v. Tasminia (1983) 158 CLR 1
[2] I.A. Shearer, International law 3-5 (Oxford University Press, 11 edn 1994 and first Indian edition in2007)
[3] Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and across the world as a legal historian and comparative lawyer. Vinogradoff wrote books on public international law. This volume collects four of his most important contributions to this public international law: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
inter-municipal law. This law was composed of many customary rules and principles which had preserved into law from long standing practices and habits followed by these Greeks cities. In Roman era, there emerged rules governing the relations between Rome and various countries or peoples with which it had contacts. It had a significant influence on public international law, and many of the concepts that today support the international legal order were recognized during the Roman Empire only such as jus gentium, means law of nations, which was developed by the Romans to govern the relations between foreigners and Roman citizens and their legal status.[1]
The medieval period displays the divine unity of the greater part of European nations under the Holy Roman Empire and the feudal structure of Western Europe influenced against the advancement of international law in the globe, but in the 15th to 16th centuries the reflective changes occurred in the international law with the emergence of renaissance in new world . With the independence of many states, there arose the process of formation of customary rules of international law from the usages and practices of the world. In the 19th century the principles and rules of international law further stretched among the nation in the globe. This was owing to a number of reasons such as the growth of European civilization overseas, the rejuvenation of world means of transport system under globalisation, the greater ferocity of modern warfare weapons and the influence of new inventions on the name of security and sovereignty. In the 20th century, much new development occurred with the creation of permanent international organisation whose functions are in effect those of world government in the interest of peace and human welfare such as League of Nation[2] and its present successor, UN[3], ILO etc. There are 07
[4] Orsolya Johanna Sziebig, “Basics of International law-course book” University of Szedge, Research Gate available at https://www.researchgate.net/publication/339796463_Basics_of_International_Law_Course_Book (last visited on Sept 25, 2023) Apart from Jus gentium, the Jus cogens, refers to a category of norms that govern customary international law. The Latin term is used interchangeably with the English term “peremptory norm”
[5]The League of Nations (1920 – 1946) was the first intergovernmental organization established in the world “to promote international cooperation and to achieve international peace and security” across the globe. It is often referred to as the “predecessor” of the United Nations Organisation. Its founding document – the Covenant of the League of Nations – was drafted during the peace negotiations at the end of the First World War. It was composed of 26 articles In total, 63 states became members of the League of Nations which represents a great majority of the states existing at that time. The League of Nations officially came into existence on 10 January 1920. However, the League never succeeded to become a truly universal organization. For instance, the United States never joined the organization, and a large part of the world remained under colonial rule.
[6] The United Nations is an international organization founded in 1945. Currently made up of 193 Member States, the UN and its work are guided by the purposes and principles contained in its founding Charter. The main organs of the UN are General Assembly, Security Council, Economic and Social Council, The Trusteeship Council, International Court of Justice and the UN Secretariat. The UN was established after World War II with the aim of preventing future world wars, and succeeded the League of Nations, which was characterized as ineffective
theories[1] regarding the basis of International Law such as Natural Law Theory[2], Positive Law Theory[3], Grotian Theory[4], Consent Theory[5], Auto Limitation Theory[6], Pacta Sunt Servanda[7], Theory of Fundamental Rights[8]
Recent Trends
The present digital era century has beheld a greater impetus to the growth of international law than at any former stage of its past history. Previously the nations basically rely on relatively slow process of custom, practice and usages for the realization of rules of public international law, however the todays necessities called for a hastier method of law treaties or international legislations. Apart from these law making treaties there was a noteworthy progress in the use of law of arbitration to resolve international disputes between the nations and at the same time the ICJ came by its firmly pronouncement to make an significant impact on the growth of public international law which gradually mounting international law at contemporary being backed by the UN with the skilled aid of a body celebrated as the International Law Commission[9], that created in the years 1947. Additionally a substantial part of international law is not concerned at all with issues of peace or war as in practice, legal advisors to Foreign Offices and practicing international lawyers and advocates regularly apply and consider settled rules of international law dealing with an gigantic diversity of legal matters such as claims for physical and mental injuries to citizens residing abroad, the reception or deportation of aliens, question of nationality,
[7] Sanjay Rawat, “Basis of International Law”, Social Law Today, available at https://sociallawstoday.com/basis-of-international-law/ (last visited on Sept 25, 2023)
[8] This theory believes that international Law is a part of Law of Nature such as Moral Law, Law based on Reason, Universal Law, natural law etc). they does not believe in the man-made law under positivism.
[9] This theory opined that public International Law is the final outcome of customs, usage and International Treaties and not of Natural Law principles.
[10] This theory opined that International Law is the outcome of Law of Nature as well as customs, usage and international treaties. It is the semblance of both positivism and natural law.
[11] Under this theory the consent of members States and nations is the basis of International Law. States obeyed the International Law because they have consented through ratification and signature to do so.
[12] As per this theory, the consent of States is the basis of Inter-national Law. States follow International Law because they have consented to do so.
[13] In tis theory whatever the agreements entered into by States will be respected and followed by them in good faith.
[14] Like human beings, under this theory the States also possess some fundamental rights. Public International Law is an legal instrument to protect these rights of the States across the globe.
[15] The International Law Commission is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by the UN General Assembly in every five years.
the extra territorial operation of certain national legislation under private international law[16], interpretation of treaties and convention, covenant, principles etc, with reference to environmental issues, commerce, finance transport, civil aviation, nuclear energy, many others subjects. The legal education system in India, including the best colleges for LL.B. enables and empowers the different stakeholder in international law to work on the international issues such as the crime of genocide, crime of aggression, extradition case, international arbitration case etc. Finally it can be humbly submitted that it is unfitting to look the maintenance of peace as the whole drive of public international law in the present globalized artificial intelligence world of era.[17]
