International Law is also called the Laws of Nations. This term was early described by Jeremy Bentham in 1780. In international law, every country is referred to as a ‘state’. International law is important for a peaceful nation.
Every society in this universe makes rules and principles for its development. Naturally, every society must make legal relations with each other and impose rights and duties on each other to function in the best way. Every society needs to develop such rules that reward the good-doers and punishes the wrongdoers. These laws are called municipal laws. So in the same sense, the world also needs to impose such frameworks through which a peaceful relation shall function. International law can fill this gap. International laws are rules and principles that bind between nations. In this respect, countries come close to form rules that are in the best interest of their individuals. It is an independent system of law existing outside the legal framework of a particular state.
Purpose of International Law:
The presence of International law results in the formation of increased state engagements. The purpose of international law is to bind each nation and form peaceful relations without any security risks. International law helps in the formation of peaceful state relations among the member states. International law provides basic human rights. International law provides help in settling international disputes and provides for the right of self-determination to people. International law forbids the state from using illegal force over the other country.
Branches of International Law:
The first branch of international law is referred to as the “law of nations” called ‘Jus Gentium’. These are the rules that govern a relationship between two nations without forming any legal code. Another branch of international law referred to as law between the people called Jus Inter Gentes which are the agreements or treaties accepted mutually by the contracting countries.
Kinds of International Law:
There are three kinds of International law.
1: Public International Law:
Public international laws are those rules and regulations that govern international relations between states and organizations. It forms rules for all the people, environment, human rights, etc. public international law applies to all international organizations. In public international law, the state is supreme and the sovereignty of the state comes first and cannot be subject to other nations and the state is free to make or reject treaties with their free consent.
2: Private International Law:
It is also called conflict laws and was early used by Huber in 1689. It deals with the citizens and private entities of different nations. People around the world form different legal relations with each other. For example, a Pakistani man got married to an American girl. So if they want a divorce the principles of private international law will determine whether they should go to Pakistani court or the US Courts to get divorced. The same rules can be applied to businesses as well. If you are defrauded by a foreign organization, then through private international law principles you can sue.
3: Supranational Law:
Supranational law is the law in which nation surrenders themselves to the courts of their own choice of right for making certain judicial decisions. The decisions of that courts will take priority over the national courts. This law is in contradiction with the public international law. The supranational law is represented by the European court and all the member states of the EU are ruled by the European court of justice according to the laws of the European Union.
Advantages of International Law:
1: One of the advantages of international law is that it has helped the nations that are not able to protect their self-interest in protecting their self-interests. For example, some of the agencies of the united nations which are subjects of International law have helped in many ways such as food, health, education, etc.
2: It is also one of the advantages of International law that it provides help in the welfare of human beings. Many treaties are subjects of International law that have played an important role in the promotion of basic human rights, justice, and equality.
3: International law has played an important role in the unity of nations. Every state is now bound to another state for its self-interests. For example, overpopulation is the main issue for the whole world due to which many problems arise. So no country can combat overpopulation alone and have to make international laws to control this problem.
Disadvantages of International Law:
1: One of the disadvantages of International law is that there is no authority for its implementation. The International court of justice is present but it cannot resolve any problems. And if in case, the international court of justice gives its decision the there is no specific authority for the implementation of that decision.
2: Another disadvantage of international law is that these laws are interpreted by nations according to their self-interests as these laws are based on treaties and conventions.
3: Another disadvantage of international law is that it is mostly violated by the states due to the lack of fear of sanctions. This resulted in the violation of these laws by many states.
4: International laws are weak and not effective in the sense that they cannot intervene in the domestic issues of the states. International laws are the rules that ensure the states peacefully make treaties and relations.
Subjects of International Law:
One of the primary subjects of international law is the state. However, besides the state, there are also other subjects of international law. Common people of the states are regarded as the subjects of international law. All international organizations are also believed to be the subjects of International law. Multinational companies are also regarded as the subjects of International law. In past, only the state was regarded as the subject of international law, but with the interval of time other entities were added to it.
Frequently asked questions (FAQs)
1. What are the sources of international law?
The Statute of the International Court of Justice (ICJ) mentioned 4 sources of international law. These sources are:
- Treaties and conventions
- General principles of law
- Judicial decisions and teachings
2. Who is the father of international law?
Hugo Grotius is known as the father of international law. He wrote the book “De iure Belli ac pacis” in 1625, which provides much information about law and peace.
3. Who is the writer of Indian law?
Indian law is not written by one person. The authors of Indian law are Benegal Narsing Rau (Constitutional Advisor to the Constituent Assembly), B. R. Ambedkar (Chairman of the Drafting Committee), Surendra Nath Mukherjee (Chief Draftsman of the Constituent Assembly), and other members of Constituent Assembly
4. How many articles are present in Indian law?
The Indian law has 448 articles in 25 parts and 12 schedules. There are four amendments to Indian law. The first amendment was made in 1950.
5. What are the downsides of international law?
There are many downsides to international law. Such as:
- It does not have effective law-making authority.
- It lacks functioning machinery to enforce its rule.