Sunday, 30 January 2022

International law

 International law


Introduction


Law is a component of society that aids in the development of a framework within which rights and responsibilities can be formed. Today's world demands a method for conducting interstate relations, and International Law fills that void. This system of international law was created by the United Nations in order to promote international peace and security.

Countries join together to create legally binding policies that will benefit their citizens. Peace, justice, common interests, and trade are all promoted by international law. Because international law plays such an essential role in society, states collaborate to strengthen it. The publications of jurists and publicists, instructions to diplomatic agents, key conventions, even if they are not ratified, and arbitral rulings all have a direct and powerful influence on international law. The sources of International Law are treaties, custom, general principles of law recognized by civilized nations, judicial decisions and teachings of publicists.


Definition


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 other.” 

Treaties, sets of regulations, and agreements between countries that are binding between them are all examples of international law. International law establishes the rules by which nations must engage with one another. It is highly helpful in resolving the problem of jurisdiction that arises when persons trade across state borders. International law's principal goal is to promote justice, peace, and common good.


Functions of International Law


International law developed as a result of necessity. International law grew in tandem with greater international participation. In today's world, international law is the most practical means of governing world order. International law aims to maintain international peace and security by ensuring fundamental rights, freedoms, and human rights, prohibiting states from using threat or force against the territorial integrity of other states, ensuring people's right to self-determination, resolving international problems through international cooperation, and resolving international disputes through peaceful means.


Principles of International Law

International Law is based on the following two principles:

Jus Gentium: These set of rules do not form part of a legal statute but mutually governs the relationship between two nations.

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

 

Public International Law

Treaties and widely established norms and practices, which are referred to as State practice and opinio Juris, govern Public International Law. It governs the interactions of nations and peoples who are likely to be impacted by a certain legislation because they are bound by its legal norms and standards.

 

Private International Law

 

Rather than the states, it governs private conflicts between individuals. It aims to settle conflicts in the domestic municipal body that entail a problem that is not within its jurisdiction.

 

Conclusion

International law is a system of norms that are necessary to regulate the behavior of nation-states toward one another in order to maintain international peace and welfare. It aids in the resolution of inter-state disputes. Internal laws may be influenced by international law, and international law may become part of domestic law.

 

 

 


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